CONVENTIONS LAWS GOVERNMENTAL DECISIONS
Trafficking in human beings and gender equality in Moldova: updated normative acts 2011 Chişinău Trafficking in human beings and gender equality in Moldova:
en up da te d no rm Conventions at iv e Laws ac ts Governmental decisions
Chişinău 2011 CZU 343.545(478)(094)=135.1=161.1 T 80
Descrierea CIP a Camerei Naţionale a Cărţiii Traficul de fiinţe umane şi egalitatea genurilor în Moldova: acte normative actualizate = Торговля людьми и равенство полов в Молдове: дополнительные нормативные акты / resp. ed.: Otilia Bologan-Vieru, Veaceslav Balan; coord. ed.: Eugenia Benigni. – Ch.: S. n., 2011 (Elena-VI SRL). – 343; 341 p. Carte-valet („перевертыш”). – 1600 ex.
Responsible for this edition: Otilia Bologan-Vieru, Legal Adviser, Anti-Trafficking and Gender Programme, OSCE Mission to Moldova Veaceslav BALAN, National Anti-Trafficking and Gender Adviser, OSCE Mission to Moldova
Edition Coordinator: Eugenia Benigni, Anti-Trafficking and Gender Programme Officer, OSCE Mission to Moldova
Tipar: „Elena-V.I.” SRL
ISBN 978-9975-106-64-1.
The OSCE Mission to Moldova, in partnership with the IOM Mission to Moldova provided financial support for this publication. This support does not imply endorsement by the Mission of the content, design or presentation of the information and opinions contained therein.
The published text includes amendments introduced until 31 December 2010. Updated normative acts
Contents
Foreword................................................................................................................................................................... 5 1. Council of Europe Convention on Action against Trafficking in Human Beings . ........................................ 6 2. United Nations Convention on the Elimination of Discrimination against Women (CEDAW). Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women . .................................................................................................................................................... 19 3. Convention on the Rights of the Child. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography .................. 28 4. Criminal Code of the Republic of Moldova No. 985-XV of 18.04.2002 . ...................................................... 46 5. Criminal Procedure Code of the Republic of Moldova No. 122-XV of March 14, 2003 ............................ 48 6. Civil Procedure Code of the Republic of Moldova No. 225-XV of May 30 2003 . ....................................... 50 7. Family Code No. 1316-XIV from 26.10.2000 ................................................................................................... 52 8. Law on the rights of the child No. 338-XIII of 15.12.94 ................................................................................ 57 9. Law on Preventing and Combating Family Violence Law No. 45-XVI of 1 March 2007 ........................... 64 10. Law on Preventing and Combating Trafficking in Human Beings No. 241-XVI of 20 October 2005 ...... 73 11. Law on ensuring equal opportunities for women and men No. 5-XVI of 9 February 2006 . ..................... 88 12. Law on the Transplant of Human Organs, Tissues and Cells No. 42 -XVI from 06.03.2008 .................... 96 13. Law on witness protection and protection of other participants in criminal proceedings No. 105-XVI of May 16, 2008 . .......................................................................................................................... 104 14. Law on social aid No. 133-XVI of 13.06.2008 ................................................................................................. 115 15. Law on prevention and control of HIV/AIDS nr. 23-XVI of 16.02.2007 .................................................... 120 16. Decision of the Plenum of the Supreme Court Of Justice of the Republic of Moldova on application of legislation concerning trafficking in human beings and trafficking in children No. 37 of November 22, 2004 ............................................................................................................................ 129 17. Government Decision No. 472 of 26.03.2008 on approval of nominal composition of the National Committee on Combating Trafficking in Human Beings, Regulation of the National Committee and National Plan for Prevention and Combating Trafficking in Human Beings for 2008-2009. Decision approving the Specific Additional National Plan for Prevention and Combating of Trafficking in Human Beings for the years 2010-2011 No. 1170 of December 21, 2010 ............................................................................................................................................. 135 18. Decision regarding the approval of the National Programme on Ensuring Gender Equality during 2010-2015 No. 933 of 31.12.2009..................................................... 173 19. Decision on the approval of the Frame Regulation on the organization and operation of assistance and protection centers for victims of trafficking in human beings No. 1362 of 29.11.2006 ..................... 211 20. Decision on the creation of Assistance and Protection Center for Victims and Potential Victims of Trafficking in Human Beings Nr. 847 of 11.07.2008 ...................................................................................... 218 21. Decision on approving the Frame Regulation of the territorial commissions to combat trafficking in human beings No. 234 of 29.02.2008.............................................. 219 22. Decision on Approval of Regulation on Procedure for Repatriation of Child and Adult Victims of Human Trafficking, Trafficking of Illegal Migrants, and Unaccompanied Children No. 948 of Aug. 07, 2008 .............................................................................. 223
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23. Decision on the Approval of the Strategy of the National Referral System to Protect and Assist Victims and Potential Victims of Trafficking in Human Beings and of the Action Plan for the Implementation of the Strategy on the National Referral System to Protect and Assist Victims and Potential Victims of Trafficking in Human Beings during 2009-2011 No. 257-XVI of 05.12.2008 ................................................................................................ 231 24. Decision on the approval of the action plan for preventing and combating violence against children for 2009-2011 No. 1344 of 01.12.2008 . ............................................................................... 243 25. Decision the approval of the National Programme on the Development of an Integrated System of Social Services for 2008 to 2012 No.1512 of December 31st 2008............................................................. 254 26. Decision on approving the Regulation on issuance of the certificate for registering the child remaining at home, whose parent/tutor (curator), citizen of the Republic of Moldova, is temporarily employed abroad No. 290 of 15.04.2009 .......................................................... 269 27. Decision on the approval of the Framework Regulation for the organization and functioning of the centers of rehabilitation for victims of domestic violence No. 129 from 22.02.2010 .................................................................................................................................... 271 28. Decision on the creation of the National Council for coordinating national programs for preventing and controlling HIV/AIDS infection, sexually-transmissible diseases and for containing tuberculosis No. 825 of August 3, 2005 .......................................................................... 276 29. Decision on the approval of the National Program for HIV/AIDS and STIs Control and Prevention (PROGRAM) for 2011-2015 No. 1143 As of 16.12.2010 . ................................................. 282 30. Decision on approving Minimum Quality Standards for social services rendered to victims of family violence No.1200 of 23.12.2010 . ................................................................................... 310
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FOREWORD Many studies have shown how concrete improvements in achieving gender equality in the public and pri- vate life of a country contribute to a faster and more sustainable economic and democratic development. Al- though domestic violence and human trafficking affect both men and women and all sectors of society, regard- less of sex, age, ethnic or religious affiliation, they disproportionately affect women in Moldova. One fourth of Moldovan women are victims of domestic violence; 80 to 90% of these victims end up being trafficked, mostly for sexual exploitation. Both phenomena are recognized as criminal offences in domestic and international law. In Moldova, the rights to life, physical and mental integrity, the freedom from torture or cruel, inhuman or degrading punishment or treatment, and other rights and obligations are guaranteed by the Constitution and other laws, including on combating trafficking, family violence, and the protection of victims and witnesses. The Helsinki Final Act of 1975, the founding document of the OSCE (at the time the Conference on Security and Co-operation in Europe, or CSCE), was the first international document that recognized the protection of human rights as a matter of international concern. Human rights are the centerpiece of the OSCE compre- hensive concept of security, which means that there cannot be security without respect for human rights and fundamental freedoms. The OSCE work in this area includes activities on anti-trafficking, democratization, elections, gender equality, media freedom, minority rights, rule of law and tolerance and non-discrimination. As an OSCE participating State, in the field of anti-trafficking and gender equality Moldova is bound by many official documents, in particular the OSCE Permanent Council Decision 557 on the OSCE Action Plan To Combat Trafficking In Human Beings, the OSCE Ministerial Council Decision 14/04 on the OSCE Action Plan for the Promotion of Gender Equality, the Ministerial Council Decision 14/05 on Women in Conflict Pre- vention, Crisis Management and Post-Conflict Rehabilitation, and the Ministerial Council Decision 15/05 on Preventing and Combating Violence Against women. These documents underscore that human trafficking is a threat to security, which cannot be ensured without achieving gender equality and respecting women’s rights. The OSCE has focused its work on best practices on the prevention, prosecution and protection aspects of trafficking and violence against women. Increasing focus is being devoted to effective investigation and pros- ecution, the safe and voluntary return of and compensation to victims of trafficking, and the role of men and boys in preventing and combating gender-based violence*. Since 2008, the OSCE Mission to Moldova has supported the publication of a compilation of international documents and domestic normative acts on anti-trafficking, gender equality and domestic violence. The pres- ent compilation updates the previous ones with the laws and governmental decisions adopted until 31 Decem- ber 2010. The Mission hopes that a broader availability and use of this publication will help further implement existing laws and improve the situation of those who seek justice. Eugenia Benigni Anti-Trafficking and Gender Officer OSCE Mission to Moldova Chişinau 2011
* Useful OSCE websites (contain publications and documents on anti-trafficking and gender): www.osce. org/ cthb; www.osce.org/gender; www.osce.org/odihr; www.legislationline.org (the latter contains legislation and OSCE/ ODIHR legal opinions on human rights laws of OSCE participating States.)
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1. Council of Europe Convention on Action against Trafficking in Human Beings
Preamble
The member States of the Council of Europe and the other Signatories hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Considering that trafficking in human beings constitutes a violation of human rights and an offence to the dignity and the integrity of the human being; Considering that trafficking in human beings may result in slavery for victims; Considering that respect for victims’ rights, protection of victims and action to combat trafficking in human beings must be the paramount objectives; Considering that all actions or initiatives against trafficking in human beings must be non-discriminatory, take gender equality into account as well as a child-rights approach; Recalling the declarations by the Ministers for Foreign Affairs of the Member States at the 112th (14- 15 May 2003) and the 114th (12-13 May 2004) Sessions of the Committee of Ministers calling for reinforced action by the Council of Europe on trafficking in human beings; Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and its protocols; Bearing in mind the following recommendations of the Committee of Ministers to member states of the Council of Europe: Recommendation No. R (91) 11 on sexual exploitation, pornography and prostitution of, and trafficking in, children and young adults; Recommendation No. R (97) 13 concerning intimidation of wit- nesses and the rights of the defence; Recommendation No. R (2000) 11 on action against trafficking in human beings for the purpose of sexual exploitation and Recommendation Rec (2001) 16 on the protection of children against sexual exploitation; Recommendation Rec (2002) 5 on the protection of women against violence; Bearing in mind the following recommendations of the Parliamentary Assembly of the Council of Europe: Recommendation 1325 (1997) on traffic in women and forced prostitution in Council of Europe member states; Recommendation 1450 (2000) on violence against women in Europe; Recommendation 1545 (2002) on a campaign against trafficking in women; Recommendation 1610 (2003) on migration connected with traffick- ing in women and prostitution; Recommendation 1611 (2003) on trafficking in organs in Europe; Recommen- dation 1663 (2004) Domestic slavery: servitude, au pairs and mail-order brides; Bearing in mind the European Union Council Framework Decision of 19 July 2002 on combating traffick- ing in human beings, the European Union Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings and the European Union Council Directive of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities; Taking due account of the United Nations Convention against Transnational Organized Crime and the Protocol thereto to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children with a view to improving the protection which they afford and developing the standards established by them; Taking due account of the other international legal instruments relevant in the field of action against traf- ficking in human beings; Taking into account the need to prepare a comprehensive international legal instrument focusing on the human rights of victims of trafficking and setting up a specific monitoring mechanism, Have agreed as follows:
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Chapter I Purposes, scope, non-discrimination principle and definitions Article 1. Purposes of the Convention 1. The purposes of this Convention are: a. to prevent and combat trafficking in human beings, while guaranteeing gender equality; b. to protect the human rights of the victims of trafficking, design a comprehensive framework for the protection and assistance of victims and witnesses, while guaranteeing gender equality, as well as to ensure effective investiga- tion and prosecution; c. to promote international cooperation on action against trafficking in human beings. 2. In order to ensure effective implementation of its provisions by the Parties, this Convention sets up a specific monitoring mechanism.
Article 2. Scope This Convention shall apply to all forms of trafficking in human beings, whether national or transnational, whether or not connected with organised crime.
Article 3. Non-discrimination principle The implementation of the provisions of this Convention by Parties, in particular the enjoyment of mea- sures to protect and promote the rights of victims, shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 4. Definitions For the purposes of this Convention: a. “Trafficking in human beings” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of decep- tion, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploi- tation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual ex- ploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; b. The consent of a victim of “trafficking in human beings” to the intended exploitation set forth in subpara- graph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; c. The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in human beings” even if this does not involve any of the means set forth in subparagraph (a) of this article; d. “Child” shall mean any person under eighteen years of age; e. “Victim” shall mean any natural person who is subject to trafficking in human beings as defined in this article.
Chapter II Prevention, co-operation and other measures Article 5. Prevention of trafficking in human beings 1. Each Party shall take measures to establish or strengthen national co-ordination between the various bodies responsible for preventing and combating trafficking in human beings. 2. Each Party shall establish and/or strengthen effective policies and programmes to prevent trafficking in human beings, by such means as: research, information, awareness raising and education campaigns, social and economic initiatives and training programmes, in particular for persons vulnerable to trafficking and for professionals concerned with trafficking in human beings. 3. Each Party shall promote a Human Rights-based approach and shall use gender mainstreaming and a child-sensitive approach in the development, implementation and assessment of all the policies and pro- grammes referred to in paragraph 2.
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4. Each Party shall take appropriate measures, as may be necessary, to enable migration to take place legally, in particular through dissemination of accurate information by relevant offices, on the conditions enabling the legal entry in and stay on its territory. 5. Each Party shall take specific measures to reduce children’s vulnerability to trafficking, notably by creat- ing a protective environment for them. 6. Measures established in accordance with this article shall involve, where appropriate, non-governmental organisations, other relevant organisations and other elements of civil society committed to the prevention of trafficking in human beings and victim protection or assistance.
Article 6. Measures to discourage the demand To discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking, each Party shall adopt or strengthen legislative, administrative, educational, social, cultural or other measures including: a. research on best practices, methods and strategies; b. raising awareness of the responsibility and important role of media and civil society in identifying the demand as one of the root causes of trafficking in human beings; c. target information campaigns involving, as appropriate, inter alia, public authorities and policy makers; d. preventive measures, including educational programmes for boys and girls during their schooling, which stress the unacceptable nature of discrimination based on sex, and its disastrous consequences, the importance of gender equality and the dignity and integrity of every human being.
Article 7. Border measures 1. Without prejudice to international commitments in relation to the free movement of persons, Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect traffick- ing in human beings. 2. Each Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of offences established in ac- cordance with this Convention. 3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State. 4. Each Party shall take the necessary measures, in accordance with its internal law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article. 5. Each Party shall adopt such legislative or other measures as may be necessary to permit, in accordance with its internal law, the denial of entry or revocation of visas of persons implicated in the commission of of- fences established in accordance with this Convention. 6. Parties shall strengthen co-operation among border control agencies by, inter alia, establishing and main- taining direct channels of communication.
Article 8. Security and control of documents Each Party shall adopt such measures as may be necessary: a. To ensure that travel or identity documents issued by it are of such quality that they cannot easily be mis- used and cannot readily be falsified or unlawfully altered, replicated or issued; and b. To ensure the integrity and security of travel or identity documents issued by or on behalf of the Party and to prevent their unlawful creation and issuance.
Article 9. Legitimacy and validity of documents At the request of another Party, a Party shall, in accordance with its internal law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in human beings.
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Chapter III Measures to protect and promote the rights of victims, guaranteeing gender equality Article 10. Identification of the victims 1. Each Party shall provide its competent authorities with persons who are trained and qualified in prevent- ing and combating trafficking in human beings, in identifying and helping victims, including children, and shall ensure that the different authorities collaborate with each other as well as with relevant support organisa- tions, so that victims can be identified in a procedure duly taking into account the special situation of women and child victims and, in appropriate cases, issued with residence permits under the conditions provided for in Article 14 of the present Convention. 2. Each Party shall adopt such legislative or other measures as may be necessary to identify victims as ap- propriate in collaboration with other Parties and relevant support organisations. Each Party shall ensure that, if the competent authorities have reasonable grounds to believe that a person has been victim of trafficking in human beings, that person shall not be removed from its territory until the identification process as victim of an offence provided for in Article 18 of this Convention has been completed by the competent authorities and shall likewise ensure that that person receives the assistance provided for in Article 12, paragraphs 1 and 2. 3. When the age of the victim is uncertain and there are reasons to believe that the victim is a child, he or she shall be presumed to be a child and shall be accorded special protection measures pending verification of his/her age. 4. As soon as an unaccompanied child is identified as a victim, each Party shall: a. provide for representation of the child by a legal guardian, organisation or authority which shall act in the best interests of that child; b. take the necessary steps to establish his/her identity and nationality; c. make every effort to locate his/her family when this is in the best interests of the child.
Article 11. Protection of private life 1. Each Party shall protect the private life and identity of victims. Personal data regarding them shall be stored and used in conformity with the conditions provided for by the Convention for the Protection of Indi- viduals with regard to Automatic Processing of Personal Data (ETS No. 108). 2. Each Party shall adopt measures to ensure, in particular, that the identity, or details allowing the identifi- cation, of a child victim of trafficking are not made publicly known, through the media or by any other means, except, in exceptional circumstances, in order to facilitate the tracing of family members or otherwise secure the well-being and protection of the child. 3. Each Party shall consider adopting, in accordance with Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as interpreted by the European Court of Human Rights, measures aimed at encouraging the media to protect the private life and identity of victims through self-regulation or through regulatory or co-regulatory measures.
Article 12. Assistance to victims Each Party shall adopt such legislative or other measures as may be necessary to assist victims in their physi- cal, psychological and social recovery. Such assistance shall include at least: a. standards of living capable of ensuring their subsistence, through such measures as: appropriate and se- cure accommodation, psychological and material assistance; b. access to emergency medical treatment; c. translation and interpretation services, when appropriate; d. counselling and information, in particular as regards their legal rights and the services available to them, in a language that they can understand; e. assistance to enable their rights and interests to be presented and considered at appropriate stages of criminal proceedings against offenders; f. access to education for children. 2. Each Party shall take due account of the victim’s safety and protection needs.
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3. In addition, each Party shall provide necessary medical or other assistance to victims lawfully resident within its territory who do not have adequate resources and need such help. 4. Each Party shall adopt the rules under which victims lawfully resident within its territory shall be autho- rised to have access to the labour market, to vocational training and education. 5. Each Party shall take measures, where appropriate and under the conditions provided for by its internal law, to co-operate with non-governmental organisations, other relevant organisations or other elements of civil society engaged in assistance to victims. 6. Each Party shall adopt such legislative or other measures as may be necessary to ensure that assistance to a victim is not made conditional on his or her willingness to act as a witness. 7. For the implementation of the provisions set out in this article, each Party shall ensure that services are provided on a consensual and informed basis, taking due account of the special needs of persons in a vulnerable position and the rights of children in terms of accommodation, education and appropriate health care.
Article 13. Recovery and reflection period 1. Each Party shall provide in its internal law a recovery and reflection period of at least 30 days, when there are reasonable grounds to believe that the person concerned is a victim. Such a period shall be sufficient for the person concerned to recover and escape the influence of traffickers and/or to take an informed decision on cooperating with the competent authorities. During this period it shall not be possible to enforce any expul- sion order against him or her. This provision is without prejudice to the activities carried out by the competent authorities in all phases of the relevant national proceedings, and in particular when investigating and pros- ecuting the offences concerned. During this period, the Parties shall authorise the persons concerned to stay in their territory. 2. During this period, the persons referred to in paragraph 1 of this Article shall be entitled to the measures contained in Article 12, paragraphs 1 and 2. 3. The Parties are not bound to observe this period if grounds of public order prevent it or if it is found that victim status is being claimed improperly.
Article 14. Residence permit 1. Each Party shall issue a renewable residence permit to victims, in one or other of the two following situ- ations or in both: a. the competent authority considers that their stay is necessary owing to their personal situation; b. the competent authority considers that their stay is necessary for the purpose of their co-operation with the competent authorities in investigation or criminal proceedings. 2. The residence permit for child victims, when legally necessary, shall be issued in accordance with the best interests of the child and, where appropriate, renewed under the same conditions. 3. The non-renewal or withdrawal of a residence permit is subject to the conditions provided for by the internal law of the Party. 4. If a victim submits an application for another kind of residence permit, the Party concerned shall take into account that he or she holds, or has held, a residence permit in conformity with paragraph 1. 5. Having regard to the obligations of Parties to which Article 40 of this Convention refers, each Party shall ensure that granting of a permit according to this provision shall be without prejudice to the right to seek and enjoy asylum.
Article 15. Compensation and legal redress 1. Each Party shall ensure that victims have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings in a language which they can understand. 2. Each Party shall provide, in its internal law, for the right to legal assistance and to free legal aid for victims under the conditions provided by its internal law. 3. Each Party shall provide, in its internal law, for the right of victims to compensation from the perpetrators. 4. Each Party shall adopt such legislative or other measures as may be necessary to guarantee compensation for victims in accordance with the conditions under its internal law, for instance through the establishment of a fund for victim compensation or measures or programmes aimed at social assistance and social integration of victims, which could be funded by the assets resulting from the application of measures provided in Article 23.
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Article 16. Repatriation and return of victims 1. The Party of which a victim is a national or in which that person had the right of permanent residence at the time of entry into the territory of the receiving Party shall, with due regard for his or her rights, safety and dignity, facilitate and accept, his or her return without undue or unreasonable delay. 2. When a Party returns a victim to another State, such return shall be with due regard for the rights, safety and dignity of that person and for the status of any legal proceedings related to the fact that the person is a victim, and shall preferably be voluntary. 3. At the request of a receiving Party, a requested Party shall verify whether a person is its national or had the right of permanent residence in its territory at the time of entry into the territory of the receiving Party. 4. In order to facilitate the return of a victim who is without proper documentation, the Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving Party shall agree to issue, at the request of the receiving Party, such travel documents or other authorisation as may be necessary to enable the person to travel to and re-enter its territory. 5. Each Party shall adopt such legislative or other measures as may be necessary to establish repatriation programmes, involving relevant national or international institutions and non governmental organisations. These programmes aim at avoiding re-victimisation. Each Party should make its best effort to favour the re- integration of victims into the society of the State of return, including reintegration into the education system and the labour market, in particular through the acquisition and improvement of their professional skills. With regard to children, these programmes should include enjoyment of the right to education and measures to se- cure adequate care or receipt by the family or appropriate care structures. 6. Each Party shall adopt such legislative or other measures as may be necessary to make available to victims, where appropriate in co-operation with any other Party concerned, contact information of structures that can assist them in the country where they are returned or repatriated, such as law enforcement offices, non-govern- mental organisations, legal professions able to provide counselling and social welfare agencies. 7. Child victims shall not be returned to a State, if there is indication, following a risk and security assess- ment, that such return would not be in the best interests of the child.
Article 17. Gender equality Each Party shall, in applying measures referred to in this chapter, aim to promote gender equality and use gender mainstreaming in the development, implementation and assessment of the measures.
Chapter IV Substantive criminal law Article 18. Criminalisation of trafficking in human beings Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal of- fences the conduct contained in article 4 of this Convention, when committed intentionally.
Article 19. Criminalisation of the use of services of a victim Each Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences under its internal law, the use of services which are the object of exploitation as referred to in Article 4 paragraph a of this Convention, with the knowledge that the person is a victim of trafficking in human beings.
Article 20. Criminalisation of acts relating to travel or identity documents Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal of- fences the following conducts, when committed intentionally and for the purpose of enabling the trafficking in human beings: a. forging a travel or identity document; b. procuring or providing such a document; c. retaining, removing, concealing, damaging or destroying a travel or identity document of another person.
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Article 21. Attempt and aiding or abetting 1. Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences when committed intentionally, aiding or abetting the commission of any of the offences established in accordance with Articles 18 and 20 of the present Convention. 2. Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences when committed intentionally, an attempt to commit the offences established in accordance with Ar- ticles 18 and 20, paragraph a, of this Convention.
Article 22. Corporate liability 1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that a legal person can be held liable for a criminal offence established in accordance with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on: a. a power of representation of the legal person; b. an authority to take decisions on behalf of the legal person; c. an authority to exercise control within the legal person. 2. Apart from the cases already provided for in paragraph 1, each Party shall take the measures necessary to ensure that a legal person can be held liable where the lack of supervision or control by a natural person re- ferred to in paragraph 1 has made possible the commission of a criminal offence established in accordance with this Convention for the benefit of that legal person by a natural person acting under its authority. 3. Subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or admin- istrative. 4. Such liability shall be without prejudice to the criminal liability of the natural persons who have commit- ted the offence.
Article 23. Sanctions and measures 1. Each Party shall adopt such legislative and other measures as may be necessary to ensure that the criminal offences established in accordance with Articles 18 to 21 are punishable by effective, proportionate and dissuasive sanctions. These sanctions shall include, for criminal offences established in accordance with Article 18 when committed by natural persons, penalties involving deprivation of liberty which can give rise to extradition. 2. Each Party shall ensure that legal persons held liable in accordance with Article 22 shall be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or measures, including monetary sanctions. 3. Each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences established in accordance with Articles 18 and 20, paragraph a, of this Convention, or property the value of which corresponds to such proceeds. 4. Each Party shall adopt such legislative or other measures as may be necessary to enable the temporary or permanent closure of any establishment which was used to carry out trafficking in human beings, without prejudice to the rights of bona fide third parties or to deny the perpetrator, temporary or permanently, the ex- ercise of the activity in the course of which this offence was committed.
Article 24. Aggravating circumstances Each Party shall ensure that the following circumstances are regarded as aggravating circumstances in the determination of the penalty for offences established in accordance with Article 18 of this Convention: a. the offence deliberately or by gross negligence endangered the life of the victim; b. the offence was committed against a child; c. the offence was committed by a public official in the performance of her/his duties; d. the offence was committed within the framework of a criminal organisation.
Article 25. Previous convictions Each Party shall adopt such legislative and other measures providing for the possibility to take into account final sentences passed by another Party in relation to offences established in accordance with this Convention when determining the penalty.
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Article 26. Non-punishment provision Each Party shall, in accordance with the basic principles of its legal system, provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so.
Chapter V Investigation, prosecution and procedural law
Article 27. Ex parte and ex officio applications 1. Each Party shall ensure that investigations into or prosecution of offences established in accordance with this Convention shall not be dependent upon the report or accusation made by a victim, at least when the of- fence was committed in whole or in part on its territory. 2. Each Party shall ensure that victims of an offence in the territory of a Party other than the one where they reside may make a complaint before the competent authorities of their State of residence. The competent authority to which the complaint is made, insofar as it does not itself have competence in this respect, shall transmit it without delay to the competent authority of the Party in the territory in which the offence was com- mitted. The complaint shall be dealt with in accordance with the internal law of the Party in which the offence was committed. 3. Each Party shall ensure, by means of legislative or other measures, in accordance with the conditions pro- vided for by its internal law, to any group, foundation, association or non-governmental organisations which aims at fighting trafficking in human beings or protection of human rights, the possibility to assist and/or support the victim with his or her consent during criminal proceedings concerning the offence established in accordance with Article 18 of this Convention.
Article 28. Protection of victims, witnesses and collaborators with the judicial authorities 1. Each Party shall adopt such legislative or other measures as may be necessary to provide effective and appropriate protection from potential retaliation or intimidation in particular during and after investigation and prosecution of perpetrators, for: a. Victims; b. As appropriate, those who report the criminal offences established in accordance with Article 18 of this Convention or otherwise co-operate with the investigating or prosecuting authorities; c. witnesses who give testimony concerning criminal offences established in accordance with Article 18 of this Convention; d. when necessary, members of the family of persons referred to in subparagraphs a and c. 2. Each Party shall adopt such legislative or other measures as may be necessary to ensure and to offer various kinds of protection. This may include physical protection, relocation, identity change and assistance in obtaining jobs. 3. A child victim shall be afforded special protection measures taking into account the best interests of the child. 4. Each Party shall adopt such legislative or other measures as may be necessary to provide, when necessary, appropriate protection from potential retaliation or intimidation in particular during and after investigation and prosecution of perpetrators, for members of groups, foundations, associations or non-governmental or- ganisations which carry out the activities set out in Article 27, paragraph 3. 5. Each Party shall consider entering into agreements or arrangements with other States for the implementa- tion of this article.
Article 29. Specialised authorities and co-ordinating bodies 1. Each Party shall adopt such measures as may be necessary to ensure that persons or entities are specialised in the fight against trafficking and the protection of victims. Such persons or entities shall have the necessary independence in accordance with the fundamental principles of the legal system of the Party, in order for them to be able to carry out their functions effectively and free from any undue pressure. Such persons or the staffs of such entities shall have adequate training and financial resources for their tasks.
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2. Each Party shall adopt such measures as may be necessary to ensure co-ordination of the policies and ac- tions of their governments’ departments and other public agencies against trafficking in human beings, where appropriate, through setting up co-ordinating bodies. 3. Each Party shall provide or strengthen training for relevant officials in the prevention of and fight against trafficking in human beings, including Human Rights training. The training may be agency-specific and shall, as appropriate, focus on: methods used in preventing such trafficking, prosecuting the traffickers and protect- ing the rights of the victims, including protecting the victims from the traffickers. 4. Each Party shall consider appointing National Rapporteurs or other mechanisms for monitoring the anti- trafficking activities of State institutions and the implementation of national legislation requirements.
Article 30. Court proceedings In accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular Article 6, each Party shall adopt such legislative or other measures as may be necessary to ensure in the course of judicial proceedings: a. the protection of victims’ private life and, where appropriate, identity; b. victims’ safety and protection from intimidation, in accordance with the conditions under its internal law and, in the case of child victims, by taking special care of children’s needs and ensuring their right to special protection measures.
Article 31. Jurisdiction 1. Each Party shall adopt such legislative and other measures as may be necessary to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed: a. in its territory; or b. on board a ship flying the flag of that Party; or c. on board an aircraft registered under the laws of that Party; or d. by one of its nationals or by a stateless person who has his or her habitual residence in its territory, if the offence is punishable under criminal law where it was committed or if the offence is committed outside the territorial jurisdiction of any State; e. against one of its nationals. 2. Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, ap- proval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs 1 (d) and (e) of this article or any part thereof. 3. Each Party shall adopt such measures as may be necessary to establish jurisdiction over the offences re- ferred to in this Convention, in cases where an alleged offender is present in its territory and it does not extra- dite him/her to another Party, solely on the basis of his/her nationality, after a request for extradition. 4. When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution. 5. Without prejudice to the general norms of international law, this Convention does not exclude any crimi- nal jurisdiction exercised by a Party in accordance with internal law.
Chapter VI International co-operation and co-operation with civil society Article 32. General principles and measures for international co-operation The Parties shall co-operate with each other, in accordance with the provisions of this Convention, and through application of relevant applicable international and regional instruments, arrangements agreed on the basis of uniform or reciprocal legislation and internal laws, to the widest extent possible, for the purpose of: – preventing and combating trafficking in human beings; – protecting and providing assistance to victims; – investigations or proceedings concerning criminal offences established in accordance with this Convention.
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Article 33. Measures relating to endangered or missing persons 1. When a Party, on the basis of the information at its disposal has reasonable grounds to believe that the life, the freedom or the physical integrity of a person referred to in Article 28, paragraph 1, is in immediate danger on the territory of another Party, the Party that has the information shall, in such a case of emergency, transmit it without delay to the latter so as to take the appropriate protection measures. 2. The Parties to this Convention may consider reinforcing their co-operation in the search for missing people, in particular for missing children, if the information available leads them to believe that she/he is a victim of trafficking in human beings. To this end, the Parties may conclude bilateral or multilateral treaties with each other.
Article 34. Information 1. The requested Party shall promptly inform the requesting Party of the final result of the action taken under this chapter. The requested Party shall also promptly inform the requesting Party of any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly. 2. A Party may, within the limits of its internal law, without prior request, forward to another Party in- formation obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offences established in accordance with this Convention or might lead to a request for co- operation by that Party under this chapter. 3. Prior to providing such information, the providing Party may request that it be kept confidential or used subject to conditions. If the receiving Party cannot comply with such request, it shall notify the providing Party, which shall then determine whether the information should nevertheless be provided. If the receiving Party accepts the information subject to the conditions, it shall be bound by them. 4. All information requested concerning Articles 13, 14 and 16, necessary to provide the rights conferred by these Articles, shall be transmitted at the request of the Party concerned without delay with due respect to Article 11 of the present Convention.
Article 35. Co-operation with civil society Each Party shall encourage state authorities and public officials, to co-operate with non-governmental or- ganisations, other relevant organisations and members of civil society, in establishing strategic partnerships with the aim of achieving the purpose of this Convention.
Chapter VII Monitoring mechanism Article 36. Group of experts on action against trafficking in human beings 1. The Group of experts on action against trafficking in human beings (hereinafter referred to as “GRETA”), shall monitor the implementation of this Convention by the Parties. 2. GRETA shall be composed of a minimum of 10 members and a maximum of 15 members, taking into account a gender and geographical balance, as well as a multidisciplinary expertise. They shall be elected by the Committee of the Parties for a term of office of 4 years, renewable once, chosen from amongst nationals of the States Parties to this Convention. 3. The election of the members of GRETA shall be based on the following principles: a. they shall be chosen from among persons of high moral character, known for their recognised compe- tence in the fields of Human Rights, assistance and protection of victims and of action against trafficking in human beings or having professional experience in the areas covered by this Convention; b. they shall sit in their individual capacity and shall be independent and impartial in the exercise of their functions and shall be available to carry out their duties in an effective manner; c. no two members of GRETA may be nationals of the same State; d. they should represent the main legal systems. 4. The election procedure of the members of GRETA shall be determined by the Committee of Ministers, after consulting with and obtaining the unanimous consent of the Parties to the Convention, within a period of one year following the entry into force of this Convention. GRETA shall adopt its own rules of procedure.
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Article 37. Committee of the Parties 1. The Committee of the Parties shall be composed of the representatives on the Committee of Ministers of the Council of Europe of the member States Parties to the Convention and representatives of the Parties to the Convention, which are not members of the Council of Europe. 2. The Committee of the Parties shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention in order to elect the members of GRETA. It shall subsequently meet whenever one-third of the Parties, the President of GRETA or the Secretary General so requests. 3. The Committee of the Parties shall adopt its own rules of procedure.
Article 38. Procedure 1. The evaluation procedure shall concern the Parties to the Convention and be divided in rounds, the length of which is determined by GRETA. At the beginning of each round GRETA shall select the specific pro- visions on which the evaluation procedure shall be based. 2. GRETA shall define the most appropriate means to carry out this evaluation. GRETA may in particular adopt a questionnaire for each evaluation round, which may serve as a basis for the evaluation of the implemen- tation by the Parties of the present Convention. Such a questionnaire shall be addressed to all Parties. Parties shall respond to this questionnaire, as well as to any other request of information from GRETA. 3. GRETA may request information from civil society. 4. GRETA may subsidiarily organise, in co-operation with the national authorities and the “contact person” appointed by the latter, and, if necessary, with the assistance of independent national experts, country visits. During these visits, GRETA may be assisted by specialists in specific fields. 5. GRETA shall prepare a draft report containing its analysis concerning the implementation of the provi- sions on which the evaluation is based, as well as its suggestions and proposals concerning the way in which the Party concerned may deal with the problems which have been identified. The draft report shall be transmitted for comments to the Party which undergoes the evaluation. Its comments are taken into account by GRETA when establishing its report. 6. On this basis, GRETA shall adopt its report and conclusions concerning the measures taken by the Party concerned to implement the provisions of the present Convention. This report and conclusions shall be sent to the Party concerned and to the Committee of the Parties. The report and conclusions of GRETA shall be made public as from their adoption, together with eventual comments by the Party concerned. 7. Without prejudice to the procedure of paragraphs 1 to 6 of this article, the Committee of the Parties may adopt, on the basis of the report and conclusions of GRETA, recommendations addressed to this Party (a) concerning the measures to be taken to implement the conclusions of GRETA, if necessary setting a date for submitting information on their implementation, and (b) aiming at promoting co-operation with that Party for the proper implementation of the present Convention.
Chapter VIII Relationship with other international instruments
Article 39. Relationship with the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against trans- national organised crime This Convention shall not affect the rights and obligations derived from the provisions of the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organised crime, and is intended to enhance the protection afforded by it and develop the standards contained therein.
Article 40. Relationship with other international instruments 1. This Convention shall not affect the rights and obligations derived from other international instruments to which Parties to the present Convention are Parties or shall become Parties and which contain provisions on matters governed by this Convention and which ensure greater protection and assistance for victims of trafficking.
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2. The Parties to the Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facili- tating the application of the principles embodied in it. 3. Parties which are members of the European Union shall, in their mutual relations, apply Community and European Union rules in so far as there are Community or European Union rules governing the particular subject concerned and applicable to the specific case, without prejudice to the object and purpose of the present Convention and without prejudice to its full application with other Parties. 4. Nothing in this Convention shall affect the rights, obligations and responsibilities of States and individu- als under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and the principle of non-refoulement as contained therein.
Chapter IX Amendments to the Convention Article 41. Amendments 1. Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her to the member States of the Council of Europe, any signatory, any State Party, the European Community, to any State invited to sign this Convention in accordance with the provisions of Article 42 and to any State invited to accede to this Convention in accordance with the provisions of Article 43. 2. Any amendment proposed by a Party shall be communicated to GRETA, which shall submit to the Com- mittee of Ministers its opinion on that proposed amendment. 3. The Committee of Ministers shall consider the proposed amendment and the opinion submitted by GRETA and, following consultation of the Parties to this Convention and after obtaining their unanimous consent, may adopt the amendment. 4. The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance. 5. Any amendment adopted in accordance with paragraph 3 of this article shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General that they have accepted it.
Chapter X Final clauses Article 42. Signature and entry into force 1. This Convention shall be open for signature by the member States of the Council of Europe, the non member States which have participated in its elaboration and the European Community. 2. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 3. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 10 Signatories, including at least 8 member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph. 4. In respect of any State mentioned in paragraph 1 or the European Community, which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month fol- lowing the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.
Article 43. Accession to the Convention 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties to this Convention and obtaining their unanimous consent, invite any non-
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member State of the Council of Europe, which has not participated in the elaboration of the Convention, to accede to this Convention by a decision taken by the majority provided for in Article 20 d. of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers. 2. In respect of any acceding State, the Convention shall enter into force on the first day of the month fol- lowing the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
Article 44. Territorial application 1. Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2. Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Eu- rope, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 45. Reservations No reservation may be made in respect of any provision of this Convention, with the exception of the res- ervation of Article 31, paragraph 2.
Article 46. Denunciation 1. Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secre- tary General of the Council of Europe. 2. Such denunciation shall become effective on the first day of the month following the expiration of a pe- riod of three months after the date of receipt of the notification by the Secretary General.
Article 47. Notification The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State signatory, any State Party, the European Community, to any State invited to sign this Convention in accordance with the provisions of Article 42 and to any State invited to accede to this Convention in accordance with the provisions of Article 43 of: a. any signature; b. the deposit of any instrument of ratification, acceptance, approval or accession; c. any date of entry into force of this Convention in accordance with Articles 42 and 43; d. any amendment adopted in accordance with Article 41 and the date on which such an amendment enters into force; e. any denunciation made in pursuance of the provisions of Article 46; f. any other act, notification or communication relating to this Convention g. any reservation made under Article 45.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Warsaw, this 16th day of May 2005, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non- member States which have participated in the elaboration of this Convention, to the European Community and to any State invited to accede to this Convention.
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2. UNITED NATIONS CONVENTION on the Elimination of Discrimination against Women
Final Commentaries of the Committee on the Elimination of Discrimination against Women: the Republic of Moldova
Concluding comment
1. The Committee considered the combined second and third periodic report of the Republic of Moldova (CEDAW/C/MDA/2-3) at its 749th and 750th meetings, on 16 August 2006 (see CEDAW/C/SR.749 and 750). The Committee’s list of issues and questions is contained in CEDAW/C/MDA/Q/3, and the responses of the Republic of Moldova are contained in CEDAW/C/MDA/Q/3/Add.1.
Introduction
2. The Committee expresses its appreciation to the State party for its combined second and third periodic report, which followed the Committee’s guidelines for the preparation of reports, while regretting that the State party provided insufficient statistical data disaggregated by sex. The Committee commends the State party for the written replies to the list of issues and questions raised by the pre-session working group. 3. The Committee expresses its appreciation to the State party for the constructive dialogue with its delega- tion, headed by the Chief of the Department for Social Protection in the Ministry of Health and Social Protec- tion, and for the efforts made by the delegation to respond to the questions raised orally by the Committee. 4. The Committee commends the State party for acceding, in February 2006, to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. 5. The Committee notes that the transition from a centrally planned to a free market economy resulted in significant economic and social difficulties, the effects of which have placed a heavy burden on women.
Positive aspects
6. The Committee commends the State party for the legislative reform undertaken in support of the goal of gender equality, in particular for the enactment of the Law on Equal Opportunities for Men and Women and the Law on Preventing and Combating Trafficking in Human Beings; for the amendments to the Penal Code of 2002, the Labour Code of 2003 and the Civil Code of 2002; and for the ongoing debate on the draft law on preventing and combating domestic violence. 7. The Committee also commends the State party for adopting a range of national plans and programmes and establishing institutional monitoring mechanisms, which are relevant for the advancement of women and the promotion of their rights in various fields, including the national plan for promoting gender equality for the periods 2003-2005 and 2006-2009; the national plan for preventing and combating human trafficking, adopted in 2001 and amended in 2005; and the national system for protection and social assistance for victims of traf- ficking, launched in March 2006; the strategy for employment of the labour force; the national programme for assistance in reproductive health care and family planning, for the period 1999- 2003; Governmental Decision No. 288 of March 2005 on the Millennium Development Goals (2005-2015); and the strategy for assistance to small and medium enterprise development for the period 2006-2008. 8. The Committee welcomes the State party’s continued collaboration with women’s non-governmental organizations in the elaboration of laws, plans and other activities aimed at eliminating discrimination against women and promoting gender equality.
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Factors and difficulties affecting the implementation of the Convention Principal subjects of concern Principal areas of concern and recommendations
9. While recalling the State party’s obligation to systematically and continuously implement all the provi- sions of the Convention, the Committee views the concerns and recommendations identified in the present concluding comments as requiring the State party’s priority attention between now and the submission of the next periodic report. Consequently, the Committee calls upon the State party to focus on those areas in its implementation activities and to report on action taken and results achieved in its next periodic report. It calls upon the State party to submit the present concluding comments to all relevant ministries and to parliament so as to ensure their full implementation. 10. The Committee is concerned that the State party lacks a comprehensive approach to policies and pro- grammes aimed at implementation of the Convention and achieving women’s equality with men, and stresses the need to address both direct and indirect discrimination against women. 11. The Committee recommends that the State party ensure a comprehensive approach to the implementa- tion of the Convention encompassing all policies and programmes aimed at achieving formal and substantive equality between women and men. The Committee recommends that the use of the gender mainstreaming strategy be introduced in all public institutions, policies and programmes, supported by gender training and an adequate number of focal points at both national and local levels. 12. The Committee is concerned that the frequent modification of institutional structures and staff of the national machinery for the advancement of women hinders its effectiveness in the promotion of gender equal- ity and the advancement of women. It is also concerned that the national machinery for the advancement of women continues to suffer from a lack of authority and adequate human and financial resources. The Commit- tee is further concerned at the removal of gender focal points from the local administration. 13. The Committee recommends that the State party expeditiously strengthen the national machinery for the advancement of women by enhancing its visibility, decision-making power and human and financial re- sources so that it can effectively implement its mandate, become more effective at the national and local levels and enhance coordination among all relevant mechanisms and entities at the national and local levels. The Committee urges the State party to reinstate gender focal points in the local administration. 14. While welcoming the inclusion in the Law on Equal Opportunities for Men and Women of the concepts of gender mainstreaming, direct and indirect genderbased discrimination, affirmative action, gender equality and sexual harassment, as mentioned by the delegation, the Committee expresses concern that the Law lacks implementation mechanisms and does not provide for legal remedies in case of violations. It is also concerned that the State party has not allocated adequate financial resources for its implementation. 15. The Committee encourages the State party to ensure full implementation of the Law on Equal Oppor- tunities for Men and Women, monitor results and ensure that sanctions are put in place in case of violations. It further recommends that the State party effectively implement temporary special measures in accordance with article 4, paragraph 1, of the Convention and with the Committee’s general recommendation 25, in order to accelerate the realization of women’s substantive equality with men in all areas, in particular with regard to women’s participation in decision-making and access to employment and education. 16. The Committee is concerned that there is insufficient awareness of the Convention, its Optional Proto- col and the procedures for their monitoring and use, and of women’s human rights in general, including among the judiciary, law enforcement personnel and women themselves, as indicated by the absence of any court deci- sions that referred to the Convention. 17. The Committee urges the State party to introduce education and training programmes on the Conven- tion and its Optional Protocol, in particular for parliamentarians, the judiciary, the legal professions, the police and other law enforcement personnel. It recommends that awareness-raising campaigns targeted at women be undertaken to enhance women’s awareness of their human rights and to ensure that women can avail them- selves of procedures and remedies for violations of their rights. 18. The Committee continues to be deeply concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and society in the Republic of Moldova, which adversely affect women’s situation particularly in the labour market and in respect of their participation in political and public life.
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19. The Committee urges the State party to disseminate information on the content of the Convention through its educational system by mainstreaming a gender perspective into textbooks and curricula at all levels and by ensuring gender training for teachers, with a view to changing existing stereotypical views and attitudes regarding women’s and men’s roles in the family and society. It also recommends that awareness-raising cam- paigns be addressed to both women and men and that the media be encouraged to project positive images of women and of the equal status and responsibilities of women and men in the private and public spheres. 20. The Committee is concerned about the impact of economic restructuring on women and the increased feminization of poverty, particularly among vulnerable groups of women such as rural women, single women heads of households, women belonging to ethnic groups, in particular Roma women, disabled women and elderly women. It regrets that the Development Objectives of the Republic of Moldova, whose main objective in relation to the first of the eight Millennium Development Goals is the eradication of extreme poverty and starvation, failed to include any gender perspectives. 21. The Committee requests the State party to study the impact of economic restructuring on women and to ensure that all poverty alleviation strategies and programmes are multidimensional as well as gender-sensitive and targeted at particular groups of women according to their specific needs and the multiple discrimination they face, and to provide in its next periodic report information on the measures taken and results achieved in improving the economic situation of women, particularly those belonging to vulnerable groups such as rural women, single women heads of households, women belonging to ethnic groups, in particular Roma women, disabled women and elderly women. 22. The Committee continues to be concerned about the prevalence of violence, including domestic vio- lence, against women in the Republic of Moldova. It is concerned about the lack of availability of updated sex- disaggregated data on all forms of violence against women. While noting with appreciation that a draft law on preventing and combating domestic violence has been elaborated, the Committee is worried that the draft may not address adequately prosecution and punishment of perpetrators. The Committee is also concerned that domestic violence, including marital rape, is still considered a private matter. 23. The Committee, reiterating its recommendation made on the occasion of the consideration of the State party’s initial report, [See Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 38 (A/55/38), paras. 67-117.] urges the State party to give high priority to implementing comprehensive measures to address violence against women in the family and in society in accordance with its general recommendation 19. The Committee calls upon the State party to speedily adopt the draft law on preventing and combating domestic violence and to ensure that violence against women is prosecuted and punished with seriousness and speed. The Committee calls upon the State party to ensure that all women who are victims of domestic violence have access to immediate means of redress and protection, including protection orders, and access to a sufficient number of safe shelters and legal aid. It calls upon the State party to ensure that public officials, espe- cially law enforcement personnel, the judiciary, health-care providers and social workers, are fully familiar with applicable legal provisions and are sensitized to all forms of violence against women and adequately respond to them. It urges the State party to conduct research on the prevalence, causes and consequences of all forms of violence against women, including domestic violence, to serve as the basis for comprehensive and targeted intervention, and to include the results of such research in its next periodic report. 24. While commending the efforts undertaken to combat trafficking, including through the adoption of the law and national plan on preventing and combating trafficking in human beings, the establishment of the Na- tional Committee for combating human trafficking and the revision of the Criminal Code, the Committee ex- presses concern about the increasing trend of illegal trafficking in young women and girls for sexual purposes in the Republic of Moldova, which remains mainly a country of origin. The Committee is further concerned about the lack of enforcement of the legislation and the insufficient measures to prosecute traffickers and pro- vide protection and assistance for victims. 25. The Committee calls on the State party to intensify its efforts to combat the trafficking and sexual exploi- tation of women and girls by addressing the root causes, in particular women’s economic insecurity. It recom- mends that the State party enhance measures aimed at improving the social and economic situation of women, in particular in rural areas, so as to eliminate their vulnerability to traffickers, and put in place services for the rehabilitation and reintegration of victims of trafficking. It urges the State party to ensure that the national plan is adequately funded, that the responsibility for its implementation does not rely heavily on non-governmental organizations, and that those who traffic and sexually exploit women and girls are prosecuted and punished to the full extent of the law. The Committee also encourages the State party to intensify international, regional and bilateral cooperation with countries of transit and destination for trafficked women and girls to further
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curb this phenomenon. It requests the State party to provide in its next report detailed information, including statistical data, on trends in trafficking and on court cases, prosecutions and victims assisted, as well as the results achieved in prevention. 26. While welcoming some recent progress, the Committee expresses concern about the fact that the num- ber of women in decision-making positions in political and public life remains low, including in the parliament, the civil service and the judiciary. It is also concerned about the low representation of women in decisionmak- ing positions in the foreign service. The Committee is concerned that, despite its earlier recommendation, temporary special measures have not been used in this area. 27. The Committee encourages the State party to implement measures to increase the number of women in decision-making positions, in particular at the local level, in parliament, in political parties and in the judiciary and the civil service, including the foreign service. It recommends that the State party establish concrete goals and timetables to accelerate women’s equal participation in public and political life at all levels. The State party should introduce temporary special measures, in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation 25, on temporary special measures, and take into account the Committee’s general recommendation 23, on women in political and public life. The Committee urges the State party to implement awareness-raising programmes to encourage women to participate in public life and create the social conditions for that participation, including through measures aimed at the reconciliation of respon- sibilities in the private and public spheres. It calls upon the State party to highlight the importance to society as a whole of women’s full and equal participation in leadership positions at all levels of decision-making for the development of the country. 28. The Committee expresses concern about the situation of women in the labour market, which is charac- terized, in spite of women’s high level of education, by increasingly high female unemployment, the concentra- tion of women in low-paid sectors of public employment such as health, social welfare and education, and the wage gap between women and men in both the public and private sectors. The Committee is concerned that the State party’s labour legislation, which is overly protective, in particular of pregnant women, and restricts wom- en’s participation in a number of areas, may create obstacles to women’s participation in the labour market, in particular in the private sector, and perpetuate gender-role stereotypes. The Committee is also concerned that important sectors viewed as traditionally male areas, such as defence and police, remain inaccessible to women. 29. The Committee urges the State party to ensure equal opportunities for women and men in the labour market through, inter alia, temporary special measures in accordance with article 4, paragraph 1, of the Con- vention and general recommendation 25, on temporary special measures. The Committee urges the State party to intensify its efforts to ensure that all job generation and poverty alleviation programmes are gender-sensitive, and that women can fully benefit from all programmes to support entrepreneurship. It recommends that efforts be strengthened to eliminate occupational segregation, both horizontal and vertical, and to narrow and close the wage gap between women and men through, inter alia, additional wage increases in female-dominated sectors of public employment. The Committee recommends that the State party conduct regular reviews of its legislation in accordance with article 11, paragraph 3, of the Convention, with a view to reducing the number of barriers women face in the labour market. It calls upon the State party to monitor the impact of measures taken and results achieved, and to report thereon in the next periodic report. 30. The Committee expresses its concern about the health situation of women, especially women’s repro- ductive health. While appreciating recent declines in the maternal mortality rate, it notes that this indicator is still high compared to other countries in the region, in particular for rural women. It is also concerned about the high abortion rates and the use of abortion as a means of fertility control, and especially about the situa- tion of unsafe abortion, which increases the risk of maternal mortality. It is further concerned about the high percentage of women with anaemia and the increase in HIV/AIDS infection rates and in sexually transmitted diseases. The Committee expresses its concern about the increase of women’s consumption of tobacco and narcotic drugs. 31. The Committee recommends that increased efforts be focused on improving women’s reproductive health. In particular, it calls upon the Government to improve the availability, acceptability and use of modern means of birth control to eliminate the use of abortion as a method of family planning. It encourages the State party to provide sex education systematically in schools, including vocational training schools. The Committee urges the State party to undertake appropriate measures to ensure women’s access to safe abortion, in accor- dance with domestic legislation. It also urges the State party to target high-risk groups for strategies to prevent HIV/AIDS and the spread of sexually transmitted diseases. It encourages the State party to increase its coop- eration with non-governmental organizations and international organizations in order to improve the general
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health situation of Moldovan women and girls. It requests that the State party provide in its next report detailed information on women’s tobacco use and statistics on their alcohol, drug and other substance abuse. 32. The Committee remains concerned that the minimum legal age for marriage is 16 years for women and 18 years for men. 33. The Committee urges the State party to raise the minimum age of marriage for women to 18 years, in line with article 16 of the Convention, the Committee’s general recommendation 21 and the Convention on the Rights of the Child. 34. The Committee regrets the limited availability of statistical data disaggregated by sex, ethnicity and age, and by urban and rural areas, which makes it more difficult to assess progress and trends over time in the actual situation of women and their enjoyment of their human rights in regard to all areas covered by the Convention. The Committee is concerned that the lack or limited availability of such detailed data may also constitute an impediment to the State party itself in designing and implementing targeted policies and programmes, and in monitoring their effectiveness in regard to the implementation of the Convention. 35. The Committee calls upon the State party to enhance its data collection in all areas covered by the Con- vention so as to assess the actual situation of women, compared with that of men, and their enjoyment of their human rights, disaggregated by sex, ethnicity and age and by urban and rural areas as applicable, and to track trends over time. It also calls upon the State party to monitor, through measurable indicators, the impact of laws, policies and action plans and to evaluate progress achieved towards the realization of women’s de facto equality. It encourages the State party to use these data and indicators in the formulation of laws, policies and programmes for the effective implementation of the Convention. The Committee requests the State party to include in its next report such statistical data and analysis. 36. The Committee urges the State party to utilize fully, in its implementation of its obligations under the Convention, the Beijing Declaration and Platform for Action, which reinforce the provisions of the Conven- tion, and requests the State party to include information thereon in its next periodic report. 37. The Committee also emphasizes that full and effective implementation of the Convention is indispens- able for achieving the Millennium Development Goals. It calls for the integration of a gender perspective and explicit reflection of the provisions of the Convention in all efforts aimed at the achievement of the Millennium Development Goals and requests the State party to include information thereon in its next periodic report. 38. The Committee notes that States’ adherence to the seven major international human rights instru- ments2 enhances the enjoyment by women of their human rights and fundamental freedoms in all aspects of life. Therefore, the Committee encourages the Government of the Republic of Moldova to consider ratifying the treaty to which it is not yet a party, that is, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 39. The Committee requests the wide dissemination in the Republic of Moldova of the present conclud- ing comments in order to make the people, including Government officials, politicians, parliamentarians and women’s and human rights organizations, aware of the steps that have been taken to ensure the de jure and de facto equality of women, as well as the further steps that are required in that regard. The Committee requests the State party to continue to disseminate widely, in particular to women’s and human rights organizations, the Convention, its Optional Protocol, the Committee’s general recommendations, the Beijing Declaration and Platform for Action and the outcome document of the twenty-third special session of the General Assembly, entitled „Women 2000: gender equality, development and peace for the twentyfirst century” (resolution S-23/3, annex). 40. The Committee requests the State party to respond to the concerns expressed in the present concluding comments in its next periodic report under article 18 of the Convention. The Committee invites the State party to submit its fourth periodic report, which is due in July 2007, and its fifth periodic report, due in July 2011, in a combined report in July 2011. __________________ 2 The International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Mem- bers of Their Families.
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Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
The General Assembly, Reaffirming the Vienna Declaration and Programme of Action* and the Beijing Declaration ** and Platform for Action,*** Recalling that the Beijing Platform for Action, pursuant to the Vienna Declaration and Programme of Ac- tion, supported the process initiated by the Commission on the Status of Women with a view to elaborating a draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women**** that could enter into force as soon as possible on a right-to-petition procedure, Noting that the Beijing Platform for Action also called on all States that have not yet ratified or acceded to the Convention to do so as soon as possible so that universal ratification of the Convention can be achieved by the year 2000, 1. Adopts and opens for signature, ratification and accession the Optional Protocol to the Convention, the text of which is annexed to the present resolution; 2. Calls upon all States that have signed, ratified or acceded to the Convention to sign and ratify or to accede to the Protocol as soon as possible; 3. Stresses that States parties to the Protocol should undertake to respect the rights and procedures provided by the Protocol and cooperate with the Committee on the Elimination of Discrimination against Women at all stages of its proceedings under the Protocol; 4. Stresses also that in the fulfilment of its mandate as well as its functions under the Protocol, the Commit- tee should continue to be guided by the principles of non-selectivity, impartiality and objectivity; 5. Requests the Committee to hold meetings to exercise its functions under the Protocol after its entry into force, in addition to its meetings held under article 20 of the Convention; the duration of such meetings shall be determined and, if necessary, reviewed by a meeting of the States parties to the Protocol, subject to the ap- proval of the General Assembly; 6. Requests the Secretary-General to provide the staff and facilities necessary for the effective performance of the functions of the Committee under the Protocol after its entry into force; 7. Also requests the Secretary-General to include information on the status of the Protocol in her or his regular reports submitted to the General Assembly on the status of the Convention. 28th plenary meeting 6 October 1999
ANNEX Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
The States Parties to the present Protocol, Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, Also noting that the Universal Declaration of Human Rights***** proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,
* A/CONF.157/24 (Part I), chap. III. ** Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex I. *** Ibid., annex II. **** Resolution 34/180, annex. 99-77473 /... ***** Resolution 217 A (III).
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Recalling that the International Covenants on Human Rights* and other international human rights instru- ments prohibit discrimination on the basis of sex, Also recalling the Convention on the Elimination of All Forms of Discrimination against Women4 (“the Con- vention”), in which the States Parties thereto condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women, Reaffirming their determination to ensure the full and equal enjoyment by women of all human rights and fundamental freedoms and to take effective action to prevent violations of these rights and freedoms, Have agreed as follows:
Article 1 A State Party to the present Protocol (“State Party”) recognizes the competence of the Committee on the Elimination of Discrimination against Women (“the Committee”) to receive and consider communications submitted in accordance with article 2.
Article 2 Communications may be submitted by or on behalf of individuals or groups of individuals, under the ju- risdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party. Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.
Article 3 Communications shall be in writing and shall not be anonymous. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.
Article 4 1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief. 2. The Committee shall declare a communication inadmissible where: (a) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement; (b) It is incompatible with the provisions of the Convention; (c) It is manifestly ill-founded or not sufficiently substantiated; (b) It is an abuse of the right to submit a communication; (e) The facts that are the subject of the communication occurred prior to the entry into force of the present Protocol for the State Party concerned unless those facts continued after that date.
Article 5 1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation. 2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication. Article 6 1. Unless the Committee considers a communication inadmissible without reference to the State Party con- cerned, and provided that the individual or individuals consent to the disclosure of their identity to that State Party, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State Party concerned. 2. Within six months, the receiving State Party shall submit to the Committee written explanations or state- ments clarifying the matter and the remedy, if any, that may have been provided by that State Party.
* Resolution 2200 A (XXI), annex.
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Article 7 1. The Committee shall consider communications received under the present Protocol in the light of all information made available to it by or on behalf of individuals or groups of individuals and by the State Party concerned, provided that this information is transmitted to the parties concerned. 2. The Committee shall hold closed meetings when examining communications under the present Protocol. 3. After examining a communication, the Committee shall transmit its views on the communication, to- gether with its recommendations, if any, to the parties concerned. 4. The State Party shall give due consideration to the views of the Committee, together with its recommen- dations, if any, and shall submit to the Committee, within six months, a written response, including informa- tion on any action taken in the light of the views and recommendations of the Committee. 5. The Committee may invite the State Party to submit further information about any measures the State Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party’s subsequent reports under article 18 of the Convention. Article 8 1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned. 2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory. 3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations. 4. The State Party concerned shall, within six months of receiving the findings, comments and recommen- dations transmitted by the Committee, submit its observations to the Committee. 5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings. Article 9 1. The Committee may invite the State Party concerned to include in its report under article 18 of the Con- vention details of any measures taken in response to an inquiry conducted under article 8 of the present Protocol. 2. The Committee may, if necessary, after the end of the period of six months referred to in article 8.4, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.
Article 10 1. Each State Party may, at the time of signature or ratification of the present Protocol or accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 8 and 9. 2. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.
Article 11 A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction are not sub- jected to ill treatment or intimidation as a consequence of communicating with the Committee pursuant to the present Protocol. Article 12 The Committee shall include in its annual report under article 21 of the Convention a summary of its activi- ties under the present Protocol.
Article 13 Each State Party undertakes to make widely known and to give publicity to the Convention and the present Protocol and to facilitate access to information about the views and recommendations of the Committee, in particular, on matters involving that State Party.
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Article 14 The Committee shall develop its own rules of procedure to be followed when exercising the functions con- ferred on it by the present Protocol. Article 15 1. The present Protocol shall be open for signature by any State that has signed, ratified or acceded to the Convention. 2. The present Protocol shall be subject to ratification by any State that has ratified or acceded to the Con- vention. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. The present Protocol shall be open to accession by any State that has ratified or acceded to the Convention. 4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article 16 1. The present Protocol shall enter into force three months after the date of the deposit with the Secretary- General of the United Nations of the tenth instrument of ratification or accession. 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the present Protocol shall enter into force three months after the date of the deposit of its own instrument of ratification or accession. Article 17 No reservations to the present Protocol shall be permitted. Article 18 1. Any State Party may propose an amendment to the present Protocol and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify her or him whether they favour a conference of States Parties for the purpose of considering and voting on the proposal. In the event that at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Protocol in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties that have accepted them, other States Parties still being bound by the provisions of the present Protocol and any earlier amend- ments that they have accepted. Article 19 1. Any State Party may denounce the present Protocol at any time by written notification addressed to the Secretary-General of the United Nations. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General. 2. Denunciation shall be without prejudice to the continued application of the provisions of the present Protocol to any communication submitted under article 2 or any inquiry initiated under article 8 before the effective date of denunciation. Article 20 The Secretary-General of the United Nations shall inform all States of: (a) Signatures, ratifications and accessions under the present Protocol; (b) The date of entry into force of the present Protocol and of any amendment under article 18; (c) Any denunciation under article 19. Article 21 1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equal- ly authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States referred to in article 25 of the Convention.
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3. Convention on the Rights of the Child
Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with article 49
Preamble
The States Parties to the present Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recog- nition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fun- damental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the Inter- national Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that child- hood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community, Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity, Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Dec- laration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, Bearing in mind that, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”, Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) ; and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Recogniz- ing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration, Taking due account of the importance of the traditions and cultural values of each people for the protec- tion and harmonious development of the child, Recognizing the importance of international cooperation for improving the living conditions of children in every country, in particular in the developing countries, Have agreed as follows:
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PART I
Article 1 For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.
Article 2 States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, prop- erty, disability, birth or other status. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.
Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-be- ing, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
Article 4 States Parties shall undertake all appropriate legislative, administrative, and other measures for the imple- mentation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.
Article 5 States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the mem- bers of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, ap- propriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
Article 6 1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
Article 7 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
Article 8 1. States Parties undertake to respect the right of the child to preserve his or her identity, including national- ity, name and family relations as recognized by law without unlawful interference.
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2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.
Article 9 1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child’s place of residence. 2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known. 3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests. 4. Where such separation results from any action initiated by a State Party, such as the detention, imprison- ment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the where- abouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.
Article 10 1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submis- sion of such a request shall entail no adverse consequences for the applicants and for the members of their family. 2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own, and to enter their own coun- try. The right to leave any country shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (ordre public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention.
Article 11 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad. 2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or acces- sion to existing agreements.
Article 12 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
Article 13 1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.
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2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are pro- vided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order (ordre public), or of public health or morals.
Article 14 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capaci- ties of the child. 3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.
Article 15 1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful as- sembly. 2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
Article 16 1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation. 2. The child has the right to the protection of the law against such interference or attacks.
Article 17 States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall: (a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29; (b) Encourage international co-operation in the production, exchange and dissemination of such informa- tion and material from a diversity of cultural, national and international sources; (c) Encourage the production and dissemination of children’s books; (d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous; (e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.
Article 18 1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern. 2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Par- ties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children. 3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
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Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 2. Such protective measures should, as appropriate, include effective procedures for the establishment of so- cial programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow- up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
Article 20 1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. 2. States Parties shall in accordance with their national laws ensure alternative care for such a child. 3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary place- ment in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.
Article 21 States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall: (a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in ac- cordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary; (b) Recognize that inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin; (c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption; (d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it; (e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs.
Article 22 1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. 2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or nongovernmental organizations co-operating with the United Nations to protect and assist such a child and to trace the parents or other mem- bers of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason , as set forth in the present Convention.
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Article 23 1. 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 child’s active participation in the community. 2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assis- tance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child. 3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial re- sources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development 4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate infor- mation in the field of preventive health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, educa- tion and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.
Article 24 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services. 2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate mea- sures: (a) To diminish infant and child mortality; (b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution; (d) To ensure appropriate pre-natal and post-natal health care for mothers; (e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents; (f) To develop preventive health care, guidance for parents and family planning education and services. 3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional prac- tices prejudicial to the health of children. 4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.
Article 25 States Parties recognize the right of a child who has been placed by the competent authorities for the pur- poses of care, protection or treatment of his or her physical or mental health, to a periodic review of the treat- ment provided to the child and all other circumstances relevant to his or her placement.
Article 26 1. States Parties shall recognize for every child the right to benefit from social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.
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2. The benefits should, where appropriate, be granted, taking into account the resources and the circum- stances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.
Article 27 1. States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development. 2. The parent(s) or others responsible for the child have the primary responsibility to secure, within their abilities and financial capacities, the conditions of living necessary for the child’s development. 3. States Parties, in accordance with national conditions and within their means, shall take appropriate mea- sures to assist parents and others responsible for the child to implement this right and shall in case of need pro- vide material assistance and support programmes, particularly with regard to nutrition, clothing and housing. 4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child, both within the State Party and from abroad. In particular, where the person having financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements.
Article 28 1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: (a) Make primary education compulsory and available free to all; (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the intro- duction of free education and offering financial assistance in case of need; (c) Make higher education accessible to all on the basis of capacity by every appropriate means; (d) Make educational and vocational information and guidance available and accessible to all children; (e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates. 2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a man- ner consistent with the child’s human dignity and in conformity with the present Convention. 3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particu- lar account shall be taken of the needs of developing countries.
Article 29 1. States Parties agree that the education of the child shall be directed to: (a) The development of the child’s personality, talents and mental and physical abilities to their fullest po- tential; (b) The development of respect for human rights and fundamental freedoms, and for the principles en- shrined in the Charter of the United Nations; (c) The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may origi- nate, and for civilizations different from his or her own; (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and per- sons of indigenous origin; (e) The development of respect for the natural environment. 2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individu- als and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institu- tions shall conform to such minimum standards as may be laid down by the State.
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Article 30 In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.
Article 31 1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activi- ties appropriate to the age of the child and to participate freely in cultural life and the arts. 2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.
Article 32 1. States Parties recognize the right of the child to be protected from economic exploitation and from per- forming any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. 2. States Parties shall take legislative, administrative, social and educational measures to ensure the imple- mentation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment; (b) Provide for appropriate regulation of the hours and conditions of employment; (c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.
Article 33 States Parties shall take all appropriate measures, including legislative, administrative, social and education- al measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.
Article 34 States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: (a) The inducement or coercion of a child to engage in any unlawful sexual activity; (b) The exploitative use of children in prostitution or other unlawful sexual practices; (c) The exploitative use of children in pornographic performances and materials.
Article 35 States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
Article 36 States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child’s welfare.
Article 37 States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;
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(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or impris- onment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other ap- propriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
Article 38 1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law ap- plicable to them in armed conflicts which are relevant to the child. 2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fif- teen years do not take a direct part in hostilities. 3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest. 4. In accordance with their obligations under international humanitarian law to protect the civilian popula- tion in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.
Article 39 States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.
Article 40 1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society. 2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that: (a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed; (b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees: (i) To be presumed innocent until proven guilty according to law; (ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence; (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, un- less it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians; (iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse wit- nesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;
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(v) If considered to have infringed the penal law, to have this decision and any measures imposed in conse- quence thereof reviewed by a higher competent, independent and impartial authority or judicial body accord- ing to law; (vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used; (vii) To have his or her privacy fully respected at all stages of the proceedings. 3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular: (a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law; (b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judi- cial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety of disposi- tions, such as care, guidance and supervision orders; counselling; probation; foster care; education and voca- tional training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.
Article 41 Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in: (a) The law of a State party; or (b) International law in force for that State.
PART II Article 42 States Parties undertake to make the principles and provisions of the Convention widely known, by appro- priate and active means, to adults and children alike.
Article 43 1. For the purpose of examining the progress made by States Parties in achieving the realization of the ob- ligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided. 2. The Committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this Convention. The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. 3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. 4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in al- phabetical order of all persons thus nominated, indicating States Parties which have nominated them, and shall submit it to the States Parties to the present Convention. 5. The elections shall be held at meetings of States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute major- ity of the votes of the representatives of States Parties present and voting. 6. The members of the Committee shall be elected for a term of four years. They shall be eligible for re- election if renominated. The term of five of the members elected at the first election shall expire at the end of
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two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting. 7. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another ex- pert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee. 8. The Committee shall establish its own rules of procedure. 9. The Committee shall elect its officers for a period of two years. 10. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly. 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effec- tive performance of the functions of the Committee under the present Convention. 12. With the approval of the General Assembly, the members of the Committee established under the pres- ent Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide.
Article 44 1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Na- tions, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights (a) Within two years of the entry into force of the Convention for the State Party concerned; (b) Thereafter every five years. 2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned. 3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its sub- sequent reports submitted in accordance with paragraph 1 (b) of the present article, repeat basic information previously provided. 4. The Committee may request from States Parties further information relevant to the implementation of the Convention. 5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities. 6. States Parties shall make their reports widely available to the public in their own countries.
Article 45 In order to foster the effective implementation of the Convention and to encourage international co operation in the field covered by the Convention: (a) The specialized agencies, the United Nations Children’s Fund, and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children’s Fund and other competent bodies as it may consider appropriate to provide expert advice on the imple- mentation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children’s Fund, and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities; (b) The Committee shall transmit, as it may consider appropriate, to the specialized agencies, the United Nations Children’s Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need, for technical advice or assistance, along with the Committee’s observations and suggestions, if any, on these requests or indications; (c) The Committee may recommend to the General Assembly to request the Secretary-General to under- take on its behalf studies on specific issues relating to the rights of the child;
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(d) The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties.
PART III Article 46 The present Convention shall be open for signature by all States.
Article 47 The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 48 The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 49 1. The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession.
Article 50 1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted.
Article 51 1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reserva- tions made by States at the time of ratification or accession. 2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted. 3. Reservations may be withdrawn at any time by notification to that effect addressed to the Secretary- General of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General
Article 52 A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.
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Article 53 The Secretary-General of the United Nations is designated as the depositary of the present Convention.
Article 54 The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS THEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed the present Convention.
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography Adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000 entered into force on 18 January 2002
The States Parties to the present Protocol, Considering that, in order further to achieve the purposes of the Convention on the Rights of the Child and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties should undertake in order to guarantee the protection of the child from the sale of children, child prostitution and child pornography, Considering also that the Convention on the Rights of the Child recognizes the right of the child to be pro- tected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, Gravely concerned at the significant and increasing international traffic in children for the purpose of the sale of children, child prostitution and child pornography, Deeply concerned at the widespread and continuing practice of sex tourism, to which children are espe- cially vulnerable, as it directly promotes the sale of children, child prostitution and child pornography, Recognizing that a number of particularly vulnerable groups, including girl children, are at greater risk of sexual exploitation and that girl children are disproportionately represented among the sexually exploited, Concerned about the growing availability of child pornography on the Internet and other evolving tech- nologies, and recalling the International Conference on Combating Child Pornography on the Internet, held in Vienna in 1999, in particular its conclusion calling for the worldwide criminalization of the production, distri- bution, exportation, transmission, importation, intentional possession and advertising of child pornography, and stressing the importance of closer cooperation and partnership between Governments and the Internet industry, Believing that the elimination of the sale of children, child prostitution and child pornography will be facilitated by adopting a holistic approach, addressing the contributing factors, including underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctioning families, lack of educa- tion, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking in children, Believing also that efforts to raise public awareness are needed to reduce consumer demand for the sale of children, child prostitution and child pornography, and believing further in the importance of strengthening global partnership among all actors and of improving law enforcement at the national level,
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Noting the provisions of international legal instruments relevant to the protection of children, including the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, the Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on Jurisdic- tion, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, and International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, Encouraged by the overwhelming support for the Convention on the Rights of the Child, demonstrating the widespread commitment that exists for the promotion and protection of the rights of the child, Recognizing the importance of the implementation of the provisions of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and the Declaration and Agenda for Action adopted at the World Congress against Commercial Sexual Exploitation of Children, held in Stock- holm from 27 to 31 August 1996, and the other relevant decisions and recommendations of pertinent interna- tional bodies, Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Have agreed as follows:
Article 1 States Parties shall prohibit the sale of children, child prostitution and child por- nography as provided for by the present Protocol.
Article 2 For the purposes of the present Protocol: (a) Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration; (b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration; (c) Child pornography means any representation, by whatever means, of a child engaged in real or simu- lated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.
Article 3 1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether such offences are committed domestically or transnationally or on an indi- vidual or organized basis: (a) In the context of sale of children as defined in article 2: (i) Offering, delivering or accepting, by whatever means, a child for the purpose of: a. Sexual exploitation of the child; b. Transfer of organs of the child for profit; c. Engagement of the child in forced labour; (ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption; (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2; (c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes child pornography as defined in article 2. 2. Subject to the provisions of the national law of a State Party, the same shall apply to an attempt to commit any of the said acts and to complicity or participation in any of the said acts. 3. Each State Party shall make such offences punishable by appropriate penalties that take into account their grave nature. 4. Subject to the provisions of its national law, each State Party shall take measures, where appropriate, to establish the liability of legal persons for offences established in paragraph 1 of the present article. Subject to the legal principles of the State Party, such liability of legal persons may be criminal, civil or administrative. 5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons in- volved in the adoption of a child act in conformity with applicable international legal instruments.
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Article 4 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the of- fences referred to in article 3, paragraph 1, when the offences are commited in its territory or on board a ship or aircraft registered in that State. 2. Each State Party may take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3, paragraph 1, in the following cases: (a) When the alleged offender is a national of that State or a person who has his habitual residence in its territory; (b) When the victim is a national of that State. 3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the aforementioned offences when the alleged offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals. 4. The present Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law.
Article 5 1. The offences referred to in article 3, paragraph 1, shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties and shall be included as extraditable offences in every extradition treaty subsequently concluded between them, in accordance with the conditions set forth in such treaties. 2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for ex- tradition from another State Party with which it has no extradition treaty, it may consider the present Protocol to be a legal basis for extradition in respect of such offences. Extradition shall be subject to the conditions pro- vided by the law of the requested State. 3. States Parties that do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the re- quested State. 4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to es- tablish their jurisdiction in accordance with article 4. 5. If an extradition request is made with respect to an offence described in article 3, paragraph 1, and the requested State Party does not or will not extradite on the basis of the nationality of the offender, that State shall take suitable measures to submit the case to its competent authorities for the purpose of prosecution.
Article 6 1. States Parties shall afford one another the greatest measure of assistance in connection with investiga- tions or criminal or extradition proceedings brought in respect of the offences set forth in article 3, paragraph 1, including assistance in obtaining evidence at their disposal necessary for the proceedings. 2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their do- mestic law.
Article 7 States Parties shall, subject to the provisions of their national law: (a) Take measures to provide for the seizure and confiscation, as appropriate, of: (i) Goods, such as materials, assets and other instrumentalities used to commit or facilitate offences under the present protocol; (ii) Proceeds derived from such offences; (b) Execute requests from another State Party for seizure or confiscation of goods or proceeds referred to in subparagraph (a); (c) Take measures aimed at closing, on a temporary or definitive basis, premises used to commit such of- fences.
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Article 8 1. States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: (a) Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses; (b) Informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases; (c) Allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law; (d) Providing appropriate support services to child victims throughout the legal process; (e) Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims; (f) Providing, in appropriate cases, for the safety of child victims, as well as that of their families and wit- nesses on their behalf, from intimidation and retaliation; (g) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting compensation to child victims. 2. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim. 3. States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration. 4. States Parties shall take measures to ensure appropriate training, in particular legal and psychological training, for the persons who work with victims of the offences prohibited under the present Protocol. 5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of those persons and/or organizations involved in the prevention and/or protection and rehabilitation of victims of such offences. 6. Nothing in the present article shall be construed to be prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial.
Article 9 1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmes to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to such practices. 2. States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such informa- tion and education and training programmes, including at the international level. 3. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration and their full physical and psychological recovery. 4. States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible. 5. States Parties shall take appropriate measures aimed at effectively prohibiting the production and dis- semination of material advertising the offences described in the present Protocol.
Article 10 1. States Parties shall take all necessary steps to strengthen international cooperation by multilateral, region- al and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations.
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2. States Parties shall promote international cooperation to assist child victims in their physical and psycho- logical recovery, social reintegration and repatriation. 3. States Parties shall promote the strengthening of international cooperation in order to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the sale of chil- dren, child prostitution, child pornography and child sex tourism. 4. States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programmes.
Article 11 Nothing in the present Protocol shall affect any provisions that are more conducive to the realization of the rights of the child and that may be contained in: (a) The law of a State Party; (b) International law in force for that State.
Article 12 1. Each State Party shall, within two years following the entry into force of the present Protocol for that State Party, submit a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol. 2. Following the submission of the comprehensive report, each State Party shall include in the reports they submit to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the present Protocol. Other States Parties to the Protocol shall submit a report every five years. 3. The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of the present Protocol.
Article 13 1. The present Protocol is open for signature by any State that is a party to the Convention or has signed it. 2. The present Protocol is subject to ratification and is open to accession by any State that is a party to the Convention or has signed it. Instruments of ratification or accession shall be deposited with the Secretary- General of the United Nations.
Article 14 1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of rati- fication or accession. 2. For each State ratifying the present Protocol or acceding to it after its entry into force, the Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession.
Article 15 1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary- General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States that have signed the Convention. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. 2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Protocol in regard to any offence that occurs prior to the date on which the denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter that is already under consideration by the Committee on the Rights of the Child prior to the date on which the denunciation becomes effective.
Article 16 1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one
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third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties that have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments they have accepted.
Article 17 1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equal- ly authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States that have signed the Convention.
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4. CRIMINAL CODE of the Republic of Moldova Nr. 985-XV of 18.04.2002 (Excerpts) (published repeatedly in the Official Monitor of the Republic of Moldova, 2009, No. 72–74, art. 195)
Article 90. Condemnation with conditioned suspension of executing the punishment (1) … (6) By applying the condemnation with conditioned suspension of executing the punishment, the court may oblige the condemned person: a) to not change his/her domicile without the consent of the competent body; b) to not visit certain places; c) to undergo treatment in case of alcoholism, drug abuse, abuse of toxic substances or sexual-transmitted disease; c1) to participate in a special treatment or counseling program with a view to reducing violent behavior; d) to offer material support to the family of the victim; e) to repair the caused prejudice in the period established by the court. (7) … [Art.90 completed by Law No. 167 from 09.07.2010, in force from 03.09.2010]
Article 1331. Family member A family member shall have the following meaning: a) in case of joint habitation: persons in relations of marriage, cohabitation, divorced persons, persons in relations of guardianship and trusteeship, their direct or collateral relatives, relatives’ spouses; b) in case of separate habitation: persons in relations of marriage, their children, including adoptive chil- dren, children born out of wedlock and children under trusteeship.
Articolul 171. Rape (1) Rape, meaning the sexual intercourse committed through physical or psychological coercion of the per- son or by taking advantage of his/her impossibility to defend herself/himself or to express his/her will, is punished with imprisonment of 3 to 5 years. (2) Rape: a) committed by a person who previously committed rape provided for in para. (1); b) committed intentionally with a minor; b1) committed intentionally with a pregnant woman; b2) committed with a family member; … is punished with imprisonment from 5 to 12 years. (3) … [Art.171 completed by Law No.167 from 09.07.2010, in force from 03.09.2010]
Article 172. Violent actions with sexual character (1) Homosexuality or satisfaction of the sexual desire in perverse forms, committed through physical or psychological coercion of the person or by taking advantage of her/his impossibility to defend herself/himself or to express his/her will, are punished with imprisonment from 3 to 5 years. (2) The same actions: a) committed by a person who has previously been condemned for an action provided for in para. (1); b) committed intentionally with a minor;
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b1) committed intentionally with a pregnant woman; b2) committed with a family member; … are punished with imprisonment from 5 to 12 years. (3) … [Art.171 completed by Law No.167 from 09.07.2010, in force from 03.09.2010]
Article 173. Sexual harassment Sexual harassment, i.e. manifesting physical, verbal or nonverbal behavior, which infringes upon a person’s dignity or creates an unpleasant, hostile, degrading, humiliating or insulting atmosphere, aimed at compelling a person to assent to sexual intercourse or other unwanted actions of sexual nature, committed by means of threat, constraint or blackmail, shall be punishable with a fine from 300 to 500 conventional units or with un- paid labor for the benefit of the community from 140 to 240 hours; or with up to 3 years imprisonment.
Article 2011. Family violence (1) Family violence, meaning deliberate action or inaction, manifested physically or verbally, committed by a family member against another family member, which provoked physical suffering following minor bodily or health injuries, mental suffering or material or moral damage shall be punished with unpaid labor for the benefit of the community from 150 to 180 hours or with up to 2 years imprisonment. (2) The same deed: a) committed against two or more family members; b) which provoked bodily or health injuries of medium gravity shall be punished with unpaid labor for the benefit of the community from 180 to 240 hours or with up to 5 years imprisonment. (3) The same deed, which: a) has caused grave bodily or health injuries; b) has determined a person to commit suicide or suicide attempt; c) has caused the victim’s death shall be punished with imprisonment from 5 to 15 years.
Article 2081. Child pornography The production, distribution, publication, import, export, offer, sale, exchange, use or possession of images or other representations of one or more children involved in explicit sexual activities, real or simulated, or of images or other representations of the sexual organs of a child, represented in an obscene or lusty way, includ- ing in a electronic form, is punished with imprisonment from 1 to 3 years of term, fine applied to the legal person from 2000 to 4000 conventional units, with deprivation of the right to exercise a certain activity.
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5. CRIMINAL PROCEDURE CODE of the Republic of Moldova No. 122-XV of March 14, 2003 (Excerpts) (published repeatedly in the Official Monitor of the Republic of Moldova, 2003, No. 104–110, art. 447) Article 58. The victim (1) A victim is any physical or legal person, to whom, through a crime, moral physical or material damages have been caused. (2) … (3) The victim also benefits from the following rights: 1) to receive from the criminal investigation body a certificate about the fact that she addressed a complaint or a copy from the minutes about the verbal complaint; 2) …; 6) to submit a request in order to be recognized as a civil party in the criminal suit; 61) to submit a request for the application of protective measures in cases of family violence; … [Art.58 completed by Law No.167 from 09.07.2010, in force from 03.09.2010]
Article 165. Notion of apprehension (1) Apprehension is the deprivation of liberty of a person, for a short period of time, but not more than 72 hours, in the places and conditions provided by law. (2) The following persons can be apprehended: 1) …; 2) the accused, the condemned person who violates the conditions of the preventive measures which do not imply deprivation of liberty, taken in his/her respect, as well as the protection order in the case of family violence; 3) … (3) … [Art.165 completed by Law No.167 from 09.07.2010, in force from 03.09.2010]
Article 185. Preventive arrest (1) The preventive arrest means the detention of the suspect, accused, condemned person in arrest in the places and conditions provided by the law. (2) The preventive arrest can be applied in cases and conditions provided by art. 176, and if: 1) the suspect, accused, condemned person do not have a permanent residence on the territory of the Re- public of Moldova; 2) the suspect, accused, condemned person have not been identified; 3) the suspect, accused, condemned person have violated the conditions of other preventive measures ap- plied towards them or have violated the protective order in the family violence case. (3) … [Art.185 completed by Law No.167 from 09.07.2010, in force from 03.09.2010]
Article 2151. Protective measures applied to victims of family violence (1) The request of the victim of family violence submitted during the criminal trial to the criminal pros- ecution body, the prosecutor or the court, concerning threats of death, violence, deterioration or destruction of assets or other illegal acts shall be examined by the court, which is bound to order measures to ensure the protection of the victim against the suspect, the accused, the defendant, who is a family member, by issuing a protective ordinance. (2) Where the request is submitted to the criminal prosecution body or the prosecutor, such shall immedi- ately forward the request to court for examination, by way of a solicitation.
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(3) Within 24 hours as of the receipt of the request the court shall issue, by way of court order, a protective ordinance, by which shall offer protection to the victim and shall apply to the suspect, the accused or the defen- dant one of the following measures: a) an order to temporarily move out of the common abode or to refrain from approaching the victim’s abode, regardless of the right of ownership over the assets; b) an order to refrain from approaching the victim’s whereabouts, less than a distance, which ensures the victim’s safety; c) an order to refrain from contacting the victim, its children, other dependants of the victim; d) an interdiction to visit the victim’s place of work and abode; e) a limitation of unilateral disposal of joint assets; f) an order to pass a medical exam of one’s mental state and drug/alcohol addiction and, where the medi- cal conclusion confirms drug/alcohol addiction, an order to apply forced medical treatment for drug/alcohol addiction; g) an order to participate in a special treatment or counseling program, where the court determines that this is necessary for the reduction or elimination of violence; h) an interdiction to keep and wear guns. (4) Protective measures shall apply for up to three months. The duration of protective measures may be extended by the court at the repeated request addressed as a result of the committal of acts of family violence or as a result of nonobservance of the conditions established in the protective ordinance. (5) The protective ordinance shall be immediately forwarded to the bodies of internal affairs and the social assistance body at the whereabouts of the suspect, the accused or the defendant. (6) The court order for the application or extension of the protective ordinance is instantly enforceable and may be appealed in the court of higher instance.
Article 276. Starting the criminal investigation based on victim’s complaint (1) The criminal investigation is started only based on the preliminary complaint of the victim in case of crimes provided for in articles:: 152 para.(1), 153, 155, 157, 161, 173, 177, 179 para.(1) and (2), 1852, 193, 194, 197 para.(1), 198 para.(1), 200, 202, 203, 204 para.(1), 2461, 274 from the Criminal Code, as well as in cases of theft of the property committed by a minor, husband, relatives, constituting the damage of the tutor, or by the person who lives together with the victim or is housed by her/him. When the injured party makes up with the suspect, accused, condemned person in cases mentioned in the present paragraph, the criminal investigation is stopped. The procedure in such cases is the general one. (2) … (5) When the injured party makes up with the suspect, accused, condemned person in cases mentioned in para. (1), the criminal investigation is stopped. The making up is personal and produces effects only if it takes place until the sentence becomes final. In cases of family violence, the prosecutor or the court shall determine whether the victim’s willingness to reconcile is expressed freely and shall ensure that the victim has had effec- tive access to assistance and protection. (6) … [Art.276 completed by Law No.167 from 09.07.2010, in force from 03.09.2010]
Article 511. Procedure of conditional suspension of the criminal investigation (1) In case when the prosecutor finds that towards the accused art. 510 has been applied, he, through an ordinance, suspends conditionally the criminal proceedings for a period of 1 year, by establishing one or more of the following obligations: 1) not to leave the place where he/she has the domicile only in the conditions established by the prosecutor; 2) … 5) to participate in a special treatment or counseling program with a view to reducing violent behavior. [Art.511 completed by Law No.167 from 09.07.2010, in force from 03.09.2010]
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6. CIVIL PROCEDURE CODE of the Republic of Moldova No. 225-XV of May 30 2003 (Excerpts) (published in the Official Monitor of the Republic of Moldova, 2003, No. 111–115, art. 451)
Chapter XXX1 APPLICATION OF PROTECTIVE MEASURES IN CASES IF FAMILY VIOLENCE
Article 3181. Submittal of request (1) The request for the application of protective measures shall be submitted to the court by the victim of family violence or by its legal representative, and in respect of minors – by the body of guardianship and trust- eeship. In case of victim’s inability to submit the request, it may be submitted, at the instruction of the victim, by the prosecutor, the social assistance body or the police. (2) The request for the aplication of protective measures shall be submitted to the competent court at the victim’s domicile or at the whereabouts of the victim or of the aggressor, at the place where the victim has so- licited assistance or at the place where the act of violence occurred.
Article 3182. Content of request The request for the application of protective measures shall specify the circumstances of the act of violence, its duration, suffered consequences and other circumstances indicating that the application of protective mea- sures is needed.
Article 3183. Examination of request (1) Upon receiving the request, the court shall immediately contact the district police at the whereabouts of the aggressor and shall request aggressor’s notification about the initiation of the proceedings. (2) The court shall request from the social assistance body or the police, as the case may be, to present a report characterizing the relevant family and the aggressor. The court may also solicit other actes required for the examination of the request. (3) Aggressor’s failure to appear at the court meeting shall not prevent the court from examining the request.
Article 3184. Issuance of protective ordinance (1) Within 24 hours from the receipt of the request for the application of protective measures, the court shall issue an order for the allowance or dismissal of the request. (2) In case of allowance of request, the court shall issue a protective ordinance, applying to the aggressor one or several of the following measures: a) an order to temporarily move out of the common abode or to refrain from approaching the victim’s abode, without deciding on the ownership over the assets; b) an order to refrain from approaching the victim’s whereabouts, less than a distance, which ensures the victim’s safety; c) an order to refrain from contacting the victim, its children, other dependants of the victim; d) an interdiction to visit the victim’s place of work and abode; e) an order to contribute to the maintenance of the common children of the aggressor and the victim, until the solving of the case; f) an order to compensate expenses and damage caused by its acts of violence, including medical expenses and those for the replacement or repairs of destroyed or deteriorated assets; g) a limitation of unilateral disposal of joint assets; h) a temporary regime for visiting its minor children; i) an interdiction to keep and wear guns.
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(3) Protective measures shall be applied for a term of up to three months. (4) The court shall immediately forward the protective ordinance to the police and the social assistance body for immediate execution. (5) The ordinance disposing the protective measures specified in paragraph (2) sections e) and f) shall be forwarded for immediate execution to the executive office, in accordance with legislation on execution of civil judgments.
Article 3185. Extension and revocation of protective ordinance (1) The duration of protective measures may be extended by the court at the repeated request addressed as a result of the committal of acts of family violence or as a result of nonobservance of the conditions established in the protective ordinance. (2) At the grounded request of the victim, the court may revoke the protective measures, after ensuring that the victim’s will has been expressed freely and that the victim has not been subject to pressure from the part of the aggressor.
Article 3186. Appeal against the order for the allowance or dismissal of the request for the ap- plication of protective measures and the appeal against the order for the application of the protective ordinance (1) The court order for the allowance or dismssal of the request for the application of protective measures and the court order for the application of the protective ordinance may be appealed by order of reversal in ac- cordance with this Code. (2) The appeal against the court order for the application of the protective ordinance shall not suspend the execution of measures applied.
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7. Family Code No. 1316-XIV from 26.10.2000*
Article 53. The right of the child to be protected (1) The child is guaranteed the observance of his lawful rights and interests. (2) The observance of the lawful rights and interests of the child is ensured by the parents or by the persons who replace them, and in the cases provided by the law – by the prosecutors, tutorship authority or other en- trusted bodies. (3) The minor who obtained the full exercise capacity until reaching the adult age defends his lawful rights and interests by him/herself. (4) The child has the right to protection against abuses; including against corporal punishment from the parents or of the persons that replace them. (5) In case of violating the lawful rights and interests of the child, including through the non-fulfillment or inadequate fulfillment by the parents (one of the parents) of the duties to bring up, raise and educate, or in case of abuse of the parents’ rights, the child can address independently to the tutorship authority for the observance of his/her lawful rights and interests, and starting from 14 years old – to the court. (6) Persons with decision-making functions and other citizens who are aware of the existence of a danger for the life or health of the child, of violation of his/her lawful rights and interests are obliged to communicate this to the tutorship authority, by undertaking all possible efforts to protect the lawful rights and interests of the child.
Article 67. Deprivation of parental rights Parents may be deprived of parental rights: a) are not willing to exercise the parental duties, including the payment of the alimony; b) refuse to take the child from the maternity house or from another medical, educational, social assistance or similar institution; c) abuse their parental rights; d) have a cruel behavior towards the child, by applying physical or psychological violence, violate the sexual inviolability of the child; e) through immoral behavior have a negative influence over the child; f) suffer from chronic alcoholism or drug abuse; g) have committed intentional crimes against the life and health of the children or spouse; as well as h) in other cases when this is required for the interest of the child.
Article 74. Obligation of the parents to raise their children (1) Parents are obliged to raise their minor children and adult children who are not able to work and who need material support. (2) The modality of paying the alimony is determined based on a contract concluded between the parents or between the parent and the adult child who is not able to work. (3) If such a contract is missing and the parents are not involved in raising the children, the alimony is paid through judicial proceedings, at the request of one of the parents, of the guardian of the child or of the tutor- ship authority.
* Official Monitor of the Republic of Moldova No.47-48/210 from 26.04.2001
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Chapter 17 FINDING, KEEPING EVIDENCE AND PROTECTION OF THE CHILDREN LEFT WITHOUT PARENTAL CARE Article 112. The observance of lawful rights and interests of the children left without parental care (1) The observance of lawful rights and interests of children is the task of the tutorship authorities in cases of death of the parents, of their deprivation of parental rights, of abandonment, of declaring the parents incapable, of illness or prolonged absence, of refusal to raise the children and to observe their lawful rights and interests, including in case of refusal of the parents to take their children from the medical, educational and other institu- tions where the children are placed, as well as in other cases of lack of parental care. . (2) The tutorship authorities identify the children left without parental care, keep their record and, in every single case, depending on the concrete circumstances due to which children were left without parental care, chose the adequate form of child protection, by ensuring the systematic control on the living conditions, their raising up and education. . (3) Other bodies or physical and legal persons, except the tutorship authorities, are forbidden to choose the form of protection of the children left without parental care.
Article 1121. Preventing the separation of the children from the parents (1) The tutorship authority will take all necessary measures for the early identification of the risk situations that may determine the separation of children from the parents. (2) The tutorship authority organizes the functioning of the services for maintaining, recuperation and development of the capacity of the children and parents to overcome the situations that could determine the separation of the children from the parents. (3) The tutorship authority keeps evidence of the children and families that are at risk, monitor and evalu- ate, as the case may be, but not less often than once in 6 months, their situation.
Article 113. Tutorship authorities (1) Tutorship authorities are: a) the central authority for child protection; b) the executive bodies of the local public administration authorities from the territorial-administration units of level II; c) deliberative authorities from territorial-administrative units of level I. (2) The exercise of the function of tutorship authority is incumbent upon: a) district social assistance and family protection sections, Department of child care and protection of the Chisinau municipality – in territorial-administrative units of the second level; b) mayors of villages (communes), towns (municipalities), social assistance and family protection section of the Balti municipality – in the territorial-administrative units of first level.
Article 114. Identification and evidence of the children left without parental care (1) Persons with decision-making functions from the education, medical, social assistance and similar in- stitutions, as well as other persons who have information about the children mentioned in art. 112 par. (1) are obliged to communicate, in a period of 3 days, this information to the tutorship authorities that operate in the locality where the children are found. (2) The tutorship authority which has been informed about the child left without parental care is required, in a period of 3 days, to check the living conditions of the child, and, if the lack of parental care is confirmed, to issue a decision regarding the taking the child under evidence, by ensuring the observance of his/her lawful rights and interests through temporary placement, allowed by the law, until the determination, as provided by the present code, of the adequate form of protection. (3) In a period of 10 days from the moment that the child left without parental care has been taken under evidence, the tutorship authority is required to communicate the respective information to the central author- ity for child protection.
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(4) The activity of tutorship authorities and of the central authority for child protection regarding the iden- tification, evidence and choosing the form of protection of the children left without parental care is regulated by the present code and other normative acts.
Article 115. Forms of protection of the children left without parental care (1) The tutorship authority ensures the maintenance or reintegration of the child left without parental care: a) in the biological family – family in which he/she was born; b) in the extended family – his/her relatives until degree IV including (in case when the placement in the biological family is not possible). (2) In case of impossibility of applying the measures mentioned in par. (1), the child left without parental care will benefit from the following forms of protection, by giving priority to the family-type forms of protec- tion compared to the residential ones: a) adoption; b) tutorship (guardianship); c) professional parental assistance; d) placement in family-type orphanage; e) placement in residential institution of any type; f) other forms of protection, as provided by the law. (3) When choosing the form of protection, one shall take into account as a priority the superior interest of the child, also it is required to take into account the ethnic origin, cultural affiliation, religion, language, health status and development of the child, in order to be able to create living conditions that would ensure continuity in his/her education. (4) The tutorship authority monitors and evaluates, not more rarely than once in 6 months, the situation of the child left without parental care, to whom a form of protection in the conditions of par. (1) and (2) has been applied. (5) Until determining the adequate form of protection of the child left without parental care, the tutorship authority is responsible for the child.
Chapter 19 TUTORSHIP AND GUARDIANSHIP OF THE CHILDREN Article 142. Instituting tutorship and guardianship (1) Tutorship and guardianship are instituted over the children left without parental care with the aim to provide for their raising up and education, as well as for observing their lawful rights and interests. (2) Tutorship is instituted over the children that have not reached 14 years old. When thie child has reached 14 years old, tutorship is transformed in guardianship, and the tutorship authority does not issue a supplemen- tary decision. (3) The guardianship is instituted over the children aged 14 to 18 years old. (4) Tutorship and guardianship is instituted by the local public administration authorities, in a period of at most one month from the moment of the receipt of the respective request, based on the written opinion of the tutorship authority.
Article 143. Persons that can be appointed tutors (guardians) (1) A single physical person or spouses together may be appointed as tutors (guardians) if there is no incom- patibility provided for in par. (4) and they have provided their express consent. (2) When appointing the tutor (guardian) the moral and other personal qualities are taken into account, as well as the possibilities of the candidate to fulfill his/her obligations as tutor (guardian), his/her relations and relations of members of his/her family with the child. (3) The appointment of the tutor for the child who has reached 10 years old is done only with the child’s consent. . (4) The following persons cannot be appointed as tutors (guardians):
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a) minors; b) a person declared incapable or with limited capacity of exercise; c) a person deprived of parental rights; d) a person declared incapable of being tutor (guardian) due to the health situation; e) a person who was an adopter, and the adoption has been annulled due to non-adequate exercise of the adopter’s obligations; f) a person to whom the exercise of certain political or civil rights has been limited, either based on the law, either through court decision, as well as a person with bad behavior; g) a persons whose interests conflict with the interests of the person placed under tutorship (guardianship); h) a person who was sent away, through an authentic act or through will, by the parent who exercised alone, until his death, the parental care; i) a person who, exercised tutorship (guardianship) and was taken away from it; j) a person who is a chronic alcoholic or drug addict; k) a person who has work relations with the institution in which the child is placed and over whom the tutorship (guardianship) is instituted; l) a person who does not reside on the territory of the Republic of Moldova.
Article 144. Tutorship (guardianship) over children who are raised and educated in state institu- tions (1) In case when over the children raised and educated in state institutions tutorship (guardianship) is not instituted, the obligations of the tutor (guardian) are incumbent to the administration of the respective institu- tion. (2) The temporary placement of the child under tutorship (guardianship) in the state institution does not annul the rights and obligations of the tutor (guardian) towards the child. (3) The observance of the rights of the children withdrawn from the state institutions is transferred to the tutorship authorities.
Article 145. The rights of the children under tutorship (guardianship) Children placed under tutorship (guardianship) have the right: a) to live together with their tutor (guardian); b) to normal living, raising up and education conditions; c) to multilateral development and respect for human dignity; d) to alimony and other social benefits; e) to housing space detained previously by their parents or to allocation of housing, as provided; f) to observance of their rights as provided; g) to communication with parents and relatives; h) to expression of their own opinion in the proceedings related to solving the problems related to their lawful rights and interests.
Article 146. Rights and obligations of the tutor (guardian) (1) The tutor (guardian) has the right and is obliged to take care of the education of the child placed under his/her tutorship (guardianship), to take care of the health and physical, psychological, spiritual and moral development of the child. (2) The tutor (guardian) determines by him/herself the means of education of the child placed under tu- torship (guardianship), by taking into account possible recommendations of the tutorship authority and by respecting the provisions of art. 62. (3) The tutor (guardian), by taking into account the child’s opinion, may choose the educational institu- tion and form of studies that the child shall pursue, being required to ensure the attendance by the child of the school until the end of the education year when the child reaches the age of 16 years old. (4) The tutor (guardian) is obliged to request from any person, including close relatives, the return of the child, if these persons keep him/her without legal basis or without an adequate court decision.
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(5) The tutor (guardian) is not entitled to impede the child to maintain contacts with his/her relatives, ex- cept the cases when such relations are contrary to the interests of the child. (6) The rights and obligations of the tutor (guardian) regarding the representation of the interests of the child under his/her tutorship (guardianship) are provided for in the civil legislation. (7) The tutor (guardian) is required to live together with the child under his/her tutorship (guardianship). The guardian and the child under guardianship who reached the age of 14 years old may live separately only with the consent of the tutorship authority. (8) The tutor (guardian) is required to communicate to the tutorship authority information regarding the health status, care and education of the child, as well as regarding the change of domicile.
Article 147. Exercise of the rights and fulfillment of the obligations by the tutor (guardian) (1) The rights and obligations of the tutor (guardian) are exercised exclusively in the interest of the minor placed under tutorship (guardianship). (2) The obligations of the tutor (guardian) are exercised free of charge, except for the cases provided by the law.
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8. Law on the rights of the child No. 338-XIII of 15.12.94 The Official Monitor of the Republic of Moldova No.13/127 of 02.03.1995
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SUMMARY
Chapter I GENERAL PRINCIPLES Article 1. Legal framework Article 2. Bodies for protection of the rights and interests of the child Article 3. Children’s equality of rights
Chapter II FUNDAMENTAL RIGHTS OF THE CHILD Article 4. Right to life Article 5. Child’s right to a name and a citizenship Article 6. Right to personal inviolability, protection against physical and mental violence Article 7. Right to protection of dignity and honour Article 8. Right to freedom of thought and conscience Article 9. Right to development of intellectual faculties Article 10. Right to education Article 11. Right to work Article 12. Right to rest Article 13. Right to association in public organizations Article 14. Child’s duties
Chapter III FAMILY AND CHILD Article 15. Parents’ duty to give birth to a healthy child Article 16. Right to live in a family Article 17. Rights of the child separated from his/her parents Article 18. Family responsibility for the child Article 19. Right to dwelling space Article 20. Right to ownership Article 21. Family protection by the state
Chapter IV CHILD IN UNFAVOURABLE AND EXTREME CIRCUMSTANCES Article 22. Protection of orphan children and children left without parental care Article 23. Children’s maintenance in state institutions for children Article 24. Rights of invalid children and children with physical and mental disabilities Article 25. Rights of children in extraordinary situations Article 26. Interdiction to involve children in military actions
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Article 27. Child’s right to refugee status Article 28. Protecting child’s rights in case of his/her bringing to account Article 29. Protecting child’s rights in special educational institutions Article 30. Child protection from kidnapping, sale and trafficking
Chapter V INTERNATIONAL COOPERATION Article 31. International cooperation
Chapter VI LIABILITY FOR NON-COMPLIANCE WITH THE LAW AND CONTROL OVER ITS IMPLEMENTATION
Article 32. Liability for non-compliance with this law Article 33. Control over the implementation of this law
Note: See Parliament Decision No.339-XIII of 15.12.94 “On the implementation of the Law on the rights of the child “
The Parliament adopts this law.
The protection of the child, family and maternity by the state and the society constitutes a primary political, social and economic concern in the Republic of Moldova. This law determines the legal status of the child as independent subject of law, provides for ensuring the physical and mental health of the child, the emerging of the child’s civic consciousness based on national and universal human values, ensures special care and social protection to children, who are temporarily or perma- nently deprived of family environment or find themselves in other unfavourable or extreme circumstances.
Chapter I GENERAL PRINCIPLES Article 1. Legal framework (1) Rights and duties of the child are regulated by this law and by other legislative acts. (2) In accordance with this law, a person is considered a child from birth until he/she reaches 18 years.
Article 2. Bodies for protecting child’s rights and interests (1) The state guarantees to every child the right to a standard of life that is adequate for the child’s physical, intellectual, spiritual and social development. The state takes action with a view to offering assistance to parents as well as to other persons responsible for the children’s education and development. (2) The protection of child’s rights is ensured by the respective competent bodies and by law enforcement bodies. [Art.2 amended by Law No.1001-XV of 19.04.2002]
Article 3. Children’s equality of rights All children have equal rights, regardless of race, nationality, ethnical origin, sex, language, religion, views, assets or social origin.
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Chapter II FUNDAMENTAL RIGHTS OF THE CHILD Article 4. Right to life (1) A child’s right to life and physical and mental inviolability is guaranteed. (2) No child may be subject to torture, cruel, inhumane or degrading punishments or treatment. (3) The state recognizes the child’s right to the use of the best technologies for treatment, recovery and disease prevention. (4) Where the parents refuse medical assistance for the sick child, such shall be offered against their will, by decision of the medical council, taken in the presence of a public agent. (5) Under the law, in the pre-natal and post-natal periods, the state ensures to the mother the necessary conditions for the healthy development of the child, for his/her reasonable and safe nutrition, qualified and free medical assistance, measures to prevent diseases and to promote a healthy way of living.
Article 5. Child’s right to a name and a citizenship (1) The child has a name from birth and is registered as provided by the Marriage and Family Code. (2) Every child is entitled to a citizenship. The grounds and conditions for acquiring and changing the child’s citizenship are established by legislation.
Article 6. Right to personal inviolability and protection against physical and mental violence The state protects the personal inviolability of the child against any form of exploitation, discrimination, physical and mental violence, prevents cruel, brutal, disparaging behaviour, insults and maltreatment, involve- ment in criminal activity, alcohol consumption, illegal use of drugs and psychotropic agents, practicing of gambling, panhandling, inciting to or forcing any illegal sexual activity, exploitation with a view to practicing prostitution or other illegal sexual practices, pornography and materials with pornographic character, also from the part of the parents, legal guardians or relatives.
Article 7. Right to protection of dignity and honour Every child is entitled to protection of dignity and honour. Any encroachment upon the child’s honour and dignity shall be punished in accordance with the legislation.
Article 8. Right to freedom of thought and conscience (1) Child’s right to freedom of thought and opinion, as well as of religious denomination, may not be breached under any form. (2) The state guarantees to the child, who is capable to express his/her opinions, the right to free expression of such opinions on any issues of relevance to the child. The opinion of the child, who has reached 10 years, shall be taken into account in a mandatory fashion, unless it is in conflict with his/her interests. (3) In this regard, the child shall be offered the possibility to be heard in relevant court or administrative proceedings, either directly or by means of a representative or of an appropriate authority, as provided by law. (4) No child shall be forced to share an opinion or to adhere to a religion against his/her views. The liberty of child conscience is guaranteed by the state and should manifest itself in the spirit of religious tolerance and mutual respect. (5) Parents or legal guardians are entitled to educate the child in accordance with their own views. [Art.8 amended by LawNo.1001-XV of 19.04.2002]
Article 9. Right to development of intellectual faculties The state ensures to all children equal possibilities and conditions for assimilating cultural values; sup- ports the creation of various state and public institutions contributing to the development of children’s creative abilities; ensures children’s access to such institutions; supports, in accordance with the law, the publication of newspapers, magazines and books for children, film-making and broadcasting and radio and television pro- grams for children.
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Article 10. Right to education (1) Every child is entitled to free education in the state language or in other languages in general education schools and to continue education in technical schools, high-schools, colleges, higher education institutions, as provided by law. (2) Children with physical or mental disabilities are entitled to education in special schools, which operate in accordance with the respective regulations. (3) Orphan children and children deprived of parental care are entitled to free education and maintenance in all educational institutions.
Article 11. Right to work (1) The child is entitled to independent work, according to his/her age, health and professional training abilities, remunerated in accordance with labour law. (2) Subject to the consent of the parents or legal guardians, children are admitted to work according to their abilities, combining work with studies from 14 years of age. State bodies create reserve employment places for children and special child employment services. (3) The state protects the child against economic exploitation and performance of any work posing a threat on the child’s health, hindering the educational process or harming the child’s physical, intellectual, spiritual and social development. (4) The work of invalid children and children with physical or mental disabilities is accomplished by creat- ing an adequate network of state enterprises and services. (5) Forced involvement of the child into any form of labour is legally liable.
Article 12. Right to rest (1) Every child is entitled to rest and leisure and to participate in games and recreational activities according to his/her age. The child may also partake in the cultural and artistic life. (2) The state stimulates and offers material support for the creation of a large network of extracurricular institutions, sports installations, stadiums, clubs, holiday camps and other establishments that contribute to strengthening the child’s health; provides facilities for attending cultural, educational, sports and sanitariums , as well as recreation centres during holidays.
Article 13. Right to association in public organizations (1) Children are entitled to associate in public organizations, as provided by law. (2) The state offers material assistance, ensures premises and grants tax incentives to public child organiza- tions. (3) Children’s involvement in political activity and their association in political parties are prohibited.
Article 14. Child’s duties The child is bound to recognize and observe public order and norms of living together, to cherish both na- tional and universal cultural traditions and values, to accumulate knowledge and prepare for useful activity, to take care of parents, the environment, public and private property.
Chapter III FAMILY AND CHILD Article 15. Parent’s duty to give birth to a healthy child (1) Persons filing a request for marriage are bound to pass a medical examination with a view to revealing any diseases or pathogenic agents that may be passed to the children. The results of the examinations shall be made known to the youth that wishes to get married. The detection of any disease or pathogenic agent may not prevent marriage. In case of detecting genetic dysfunctions, which may lead to serious genetic diseases, giving birth to a child is not recommended.
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(2) The pregnant woman shall unconditionally observe medical indications for ensuring the normal develop- ment of the foetus. It is recommended to abstain from alcohol, nicotine and drug consumption during pregnancy. (3) Parents are bound to observe medical recommendations to ensure the normal development of the child in the pre-natal and post-natal period. The observance of all medical requirements is stimulated by the state. (4) The state ensures necessary conditions for medical examination to marrying persons and to young families. [Art.15 amended by Law No. 143-XVI of 02.06.06, in effect as of 30.06.06]
Article 16. Right to live in a family Every child is entitled to live in a family, to know his parents, to benefit of their care and to live together with his/her parents, save for cases when the separation from one or both parents is necessary in the interest of the child.
Article 17. Rights of the child living separately from his/her parents The child separated from one or both parents, who lives in the Republic of Moldova or in any other coun- try, is entitled to maintain personal relations and direct regular contacts with the two parents, unless this is in conflict with his/her interests.
Article 18. Family responsibility for the child (1) Both parents equally or the legal guardians bear the main responsibility for the physical, intellectual, spiritual and social development of the child, taking into account primarily his/her interests. (2) Parents or legal substitutes are liable by law for the lack of permanent supervision of children of an early and preschool age. (3) Where both or one parent, as well as legal guardians do not fulfil their duties regarding the child or abuse of their parental rights, the child is entitled to notify the guardianship and trusteeship bodies, as well as law enforcement bodies, in order to protect his/her rights and interests. (4) Where the child is kept in state institutions for children, due to abandonment or falling ill for reasons of non-observance of medical recommendations, both parents shall compensate his/her maintenance expenses in conformity with the law.
Article 19. Right to dwelling space (1) Children-members of tenant’s family shall have the same rights as other members of the family as re- gards the use of the dwelling space, while children-members of the family of the owner of the dwelling premises have the same rights of use and inheritance of such. (2) The authorities of local public administration shall ensure the maintenance and repairs of the dwelling premises of orphan children and those left without parental care, until they reach adulthood. (3) Children returned from a state institution for children, from relatives or legal substitutes, shall be grant- ed dwelling premises out of turn, where their return to the previously occupied premises is impossible.
Article 20. Right to property Every child has a right to property. A child’s right to property is guaranteed. The child benefits of the right to property within the limits and the order established by legislation.
Article 21. Family protection by the state (1) The family and the child benefit of protection and special assistance in accomplishing their rights. (2) The state supports the family in the maintenance and education of the children, guarantees the payment of allowances at child birth, and offers other aids and compensations provided by law.
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Chapter IV CHILD IN UNFAVOURABLE AND EXTREME CIRCUMSTANCES Article 22. Protection of orphan children and children left without parental care (1) Children, who are temporarily or permanently deprived of a family environment or who, in their own interest, may not be left in such environment, shall enjoy state protection and special assistance, as provided by law. (2) Orphan children and children left without parental care shall be adopted or placed in another family or a state institution for children. (3) Adoption by foreign citizens is performed in conformity with the legislation, where a proper solution may not be found in the Republic of Moldova. Upon choosing a solution, account shall be taken of the need to ensure continuity in the education of the child, his/her ethnic, religious, cultural and linguistic origins and child’s wishes.
Article 23. Children’s maintenance in state institutions for children (1) Where it is impossible to place a child without family in another family, such child shall be institutional- ized into a children’s home or in another similar institution, at full state maintenance. The institutionalization shall be performed in accordance with the law. (2) Institutionalized children shall be ensured all conditions for physical, intellectual and spiritual develop- ment, for preserving one’s mother tongue, culture, national traditions and customs, and, at the same time, for developing abilities for an independent life.
Article 24. Rights of invalid children and children with physical and mental disabilities (1) The state guarantees invalid children and children with physical and mental disabilities free medical assistance, special psychological help, general education and professional training, employment according to one’s abilities, social reintegration, in order for one to enjoy decent life in conditions facilitating an active social participation. (2) The state ensures invalidity pensions to invalid children.
Article 25. Rights of children in extraordinary situations (1) The state offers to children in extraordinary situations (accidents, natural disasters, epidemics, war etc.) free emergency assistance and undertakes urgent measures for their evacuation from dangerous areas and for family reunification. (2) In case of parent loss, the child shall benefit of state social protection, as well as of privileges provided by law.
Article 26. Interdiction to involve children in military actions It is prohibited to involve children in military actions and to promote war and violence amongst children.
Article 27. Child’s right to refugee status (1) The state undertakes measures required to ensure necessary protection and humanitarian aid to the child, who wishes to obtain refugee status or who is considered a refugee, in accordance with the rules and procedures of international and national law, whether the child is accompanied or unaccompanied by parents or any other persons. (2) Where necessary, the state shall offer support to organizations, whose functions include the protection of these categories of children.
Article 28. Protecting child’s rights in case of his/her bringing to account (1) The state protects the child’s right to personal freedom. (2) The detaining or arresting of a child shall apply only as exceptional measures and only in cases provided by law. In case of child’s detaining or arrest, the parents or legal guardian shall be notified immediately. (3) Detained or arrested children shall be kept separately from adults and convicted children.
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(4) Capital punishment and life imprisonment may not be applied for crimes committed by persons less than 18 years. (5) During court pleadings involving children, the defence lawyer and the educational specialist shall par- ticipate in a mandatory fashion. Upon examination by the court of a dispute regarding a child’s education, the participation of the guardianship authority is mandatory. [Art.28 supplemented by Law No.1001-XV of 19.04.2002]
Article 29. Protecting child’s rights in special educational institutions (1) A child’s referral to special educational institutions shall take place only based on a court judgement, at the proposal of bodies of the local public administration authorities. (2) The child held in a special educational institution is entitled to humane treatment, health protection, general or professional training, encounters with parents and other interested persons, vacation and correspon- dence. (3) A mandatory condition concerning children held in special educational institutions is their re-educa- tion with a view to returning to a normal way of living.
Article 30. Child protection from kidnapping, sale and trafficking The state takes all measures necessary to prevent kidnapping, sale and trafficking in children for any pur- pose and in any form.
Chapter V INTERNATIONAL COOPERATION Article 31. International cooperation (1) The state ensures international cooperation in the field of child’s rights protection by means of state and non-state structures. (2) Where an international agreement, to which the Republic of Moldova is party, provides rules different from those contained in this law, the provisions of the international agreement shall apply.
Chapter VI LIABILITY FOR NON-COMPLIANCE WITH THE LAW AND THE CONTROL OVER ITS IMPLEMENTATION Article 32. Liability for non-compliance with this law Natural and legal persons guilty of breaching this law shall be brought to account in conformity with the legislation.
Article 33. Control over the implementation of this law The control over the implementation of this law is performed by state bodies, empowered to this end by legislation.
SPEAKER OF THE PARLIAMENT Petru LUCINSCHI
Chisinau, 15 December 1994. No.338-XIII.
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9. Law on Preventing and Combating Family Violence Law Number 45-XVI of 1 March 2007 Published 18 March 2008 in the Official Monitor Number 55-56/178
Entry into force 18 September 2008
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CONTENTS
Chapter 1 GENERAL PROVISIONS Article 1. Subject matter of the Law Article 2. Principal terms Article 3. Applicability of this law Article 4. Legal framework Article 5. Basic principles of preventing and combating family violence Article 6. Scope of law
Chapter II AUTHORITIES AND INSTITUTIONS RESPONSIBLE FOR PREVENTING AND COMBATING FAMILY VIOLENCE Article 7. Authorities and institutions responsible for preventing and combating family violence Article 8. The role of central and local public administration authorities Article 9. The role of the Penitentiary Institutions Department Article 10. The role of the centers/services for victim and aggressor rehabilitation
Chapter III MECHANISM FOR THE RESOLUTION OF ACTS OF FAMILY VIOLENCE Article 11. The victim’s right to protection Article 12. Persons who may submit claims of family violence Article 13. Submittal of claims Article 14. Examination of the claim Article 15. Protective measures Article 16. Funding Article 17. Sanctions
Chapter IV FINAL PROVISIONS Article 18. Final provisions
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Preventing and combating family violence is part of the national policy for the protection and support of the family and represents an important public health issue. Parliament adopts this organic law to strengthen, protect and support the family and to ensure the obser- vance of fundamental legislative principles regarding the family and the equality of opportunities between women and men regarding their human right to a violence-free life.
Chapter I GENERAL PROVISIONS Article 1. Subject matter of the law This law establishes the legal and organizational framework for preventing and combating family violence, the authorities and institutions responsible for preventing and combating family violence, and the mechanism for identifying and solving cases of violence.
Article 2. Principal terms For the purpose of this law, the following terms shall mean: Family violence – any deliberate action or inaction, except actions taken in self-defense or in defense of other persons, whether physical or verbal, that is manifested through physical, sexual, psychological, spiritual or economic abuse or by causing material or moral damage, committed by a family member against other fam- ily members, including against minors, or against common or personal property; Physical violence – deliberate infliction of bodily injuries or damage to health by hitting, pushing, tossing, pulling by the hair, stinging, cutting, burning, strangling, biting, in any form and of any intensity; by poisoning, intoxicating, or other similar actions; Sexual violence – any violence of a sexual character or any illegal sexual conduct within the family or within other interpersonal relationships, such as marital rape; prohibiting the use of contraception; sexual harassment; any unwanted, imposed sexual conduct; forced prostitution; any illegal sexual conduct with a minor family member, including fondling, kissing, setting the child into poses or other unwanted touching with sexual con- notations; or other similar actions; Psychological violence – imposing one’s volition or personal control by causing tension and mental suffering including ridiculing, swearing, insulting, derogatory nicknaming; blackmailing; the intentional destruction of objects; verbal threats; the demonstrative showing of fire arms or hitting domestic animals; neglect; meddling in the personal lives of others; acts of jealousy; imposing isolation by detention, including detention in the fam- ily dwelling; isolation from the family, community, friends; prohibiting professional accomplishment, prohibit- ing attendance at educational institutions; seizure of identity documents; deprivation of access to information; or other similar actions; Spiritual violence – the underestimation of, or demeaning the importance of, the need to satisfy moral and spiritual needs by prohibiting, limiting, ridiculing or punishing the aspirations of family members, by prohibit- ing, ridiculing or punishing access to cultural, ethnic, linguistic or religious values; by imposing a system of unacceptable personal values; or by other actions with similar effects or repercussions; Economic violence – the deprivation of economic means, including the deprivation essentials such as food, medicine and living necessities; the abuse of a position of authority such as taking away personal property, prohibiting the possession, use or disposal of common property, unfair control over common property and resources; refusal to support the family; imposing hard or harmful labor or damaging health, including such actions affecting minor members of the family; or other similar actions; Moral damage – causing suffering to a family member, including a minor child, within the family or in oth- er interpersonal relationships, which leads to humiliation, fear, abasement, inability to defend oneself against physical violence, or feelings of frustration; Material damage – damage that can be evaluated or estimated in financial/monetary terms, resulting from any act of violence in the family, or in a cohabitation relationship, and to include the costs for examination of the case of family violence; Aggressor – person who commits acts of violence in the family or in a cohabitation relationship;
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Victim – a person, adult or minor, subject to acts of violence within the family or within a cohabitation relationship; Protective order – a legal act, by which the court applies victim protection measures.
Article 3. Applicability of this law (1) This law applies to: the aggressor and the victim citizens of the Republic of Moldova and to foreign citi- zens and stateless persons who live in the Republic of Moldova. (2) This law applies: a. In cases of cohabitation – persons in relationship of marriage, divorce, intimate cohabitation, guardian- ship and tutorship, their direct or collateral relatives, relatives’ spouses, or other persons who are maintained by the such persons; b. In cases of separate habitation – persons in a relationship of marriage; their children, including adopted children; those born outside the marriage; those under guardianship or tutorship; or other persons who are maintained by such persons.
Article 4. Legal framework (1) The legislation on preventing and combating family violence consists of the Constitution of the Republic of Moldova, this law, other normative acts, and international treaties to which the Republic of Moldova is a party. (2) If the international treaty to which the Republic of Moldova is a party contains provisions different from those of this law, the provisions of the international treaty shall apply.
Article 5. Basic principles of preventing and combating family violence (1) Preventing and combating family violence is based on the following principles: a. Legality; b. Equality; c. Confidentiality; d. Access to justice; e. Protection and security of the victim; and f. Cooperation of public administration authorities with civil society and international organizations.
Article 6. Scope of law The provisions of this law are applicable in the same manner to the citizens of the Republic of Moldova, foreign citizens and stateless persons, who live on the territory of the Republic of Moldova.
Chapter II AUTHORITIES AND INSTITUTIONS RESPONSIBLE FOR PREVENTING AND COMBATING FAMILY VIOLENCE Article 7. Authorities and institutions responsible for preventing and combating family violence (1) The authorities and institutions responsible for the administration of this law are: a. Central specialized public administration authorities such as (the Ministry of Labor, Social Protection and Family, the Ministry of Education, the Ministry of Healthcare, the Ministry of the Interior, the Ministry of Justice); b. Specialized local public administration authorities, such as: - The social assistance and family protection sections/departments; - The general education, youth and sports departments; - Healthcare organizations; - Internal affairs’ organizations; c. Local public administration and social issue commissions;
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d. Centers/services for victim and aggressor rehabilitation; e. Other organizations with specialized activities in the field. (2) The Ministry of Labor, Social Protection and Family is the central public authority responsible for the development and promotion of policies in the field of preventing and combating family violence and providing social assistance. (3) A Coordinating Inter-Ministerial Council in the Field of Prevention and Combating of Family Violence shall be created by the Ministry of Labor, Social Protection and Family, consisting of one representative of each central authority specified in paragraph (1), representatives of civil society and other interested parties. The Coordinating Inter-Ministerial Council shall be responsible for ensuring the coordination and collaboration between ministries and other central administrative authorities with functions in the field of prevention and combating of family violence. The Regulation of the Coordinating Inter-Ministerial Council shall be approved by Government decision. (4) The local public authority tasked with the implementation of family violence prevention policies and with social assistance of victims and aggressors is the rayon section/department for social assistance and family protection, within which a specialist responsible for the prevention and combating of family violence shall be appointed. (5) Other local-level public services shall appoint persons tasked with prevention and combating of family violence, responsible for the coordination of specific activities within their institutions and for the collabora- tion upon carrying out joint activities at the level of the administrative-territorial unit, based on established collaboration procedures in the field of prevention and combating of family violence cases.
Article 8. The role of central and local public administration authorities (1) Within the limits of their authority, central specialized public administration authorities such as (the Ministry of Labor, Social Protection and Family, the Ministry of Education, the Ministry of Healthcare, the Ministry of Interior and the Ministry of Justice) are to: a. Ensure the development and promotion of policies in the field of family support, in preventing family violence, and in offering protection and assistance to victims and aggressors; b. Coordinate the field activity of decentralized/deconcentrated structures;* c. Coordinate, assess and monitor the activity of centers/services for victim and aggressor rehabilitation; d. Establish procedures for identifying, recording and reporting cases of family violence according to gen- der statistic criteria; e. Strengthen the capacities of human resources in the field of preventing and combating family violence; f. Collaborate with non-governmental organizations and natural and legal persons involved in activity of preventing and combating violence. (2) Local public administration authorities are to: a. Appoint commissions for social issues and organize their activities at the local level; b. Create multi-disciplinary teams in the field; c. Organize centers/services for victim and aggressor rehabilitation according to international standards; d. Organize awareness campaigns, studies and other actions in the field of family violence prevention; e. Develop social partnerships with non-governmental organizations including foundations, trade unions, employers’ unions and with international organizations that work in the field of preventing and combating family violence; f. Ascertain, through a decision of the commission for social issues, whether the application of protective measures presents danger to the victim’s life or health. (3) Social assistance and family protection sections/departments, through the specialist responsible for the prevention and combating of family violence, are to: a. Collaborate with the administrative bodies of the interior to identify persons inclined to commit acts of family violence; b. Update the database concerning acts of family violence at the territorial level;
* Editor’s Note: This term is from the Law on Local Public Administration and refers to a service that has more independence at the local level and does not report to the central authorities.
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c. If appropriate, place the victim into a rehabilitation center and offer the appropriate assistance; d. Conduct psychological and psycho-social counseling in order for victims to overcome the consequences of acts of family violence, by their own means or by referring the case to the specialists of rehabilitation centers; e. Facilitate the aggressor’s access to rehabilitation programs, at the request of the law enforcement bodies; f. Protect the lawful rights and interests of victims, including minor victims; g. Carry out informational programs to prevent family violence, jointly with other empowered authorities and in collaboration with non-governmental organizations in the field; h. Determine the need to create centers/services for victim and aggressor rehabilitation, ensure that such centers/services have methodology and information support; i. Monitor and coordinate professional activities, to be carried out by social assistants within mayoralties; for preventing family violence, for supporting/counseling victims and for re-socializing aggressors; j. Present mid-year reports to the Ministry of Labor, Social Protection and Family regarding the activities of the sections/departments and social assistants according to established partnerships; k. Monitor victims and offer assistance after victims leave the rehabilitation centers. (4) General education, youth and sports departments are to: a. Ensure that teachers are informed and trained: regarding the classification of acts of family violence; how to apply the methods and means to prevent such acts; and to notify the appropriate authorities; b. Jointly with other authorities with competence in the field and in collaboration with field non-govern- mental organizations, conduct educational programs for parents and children on preventing and combating family violence; c. Ensure counseling activities for the psychological and psycho-social rehabilitation for minor victims of family violence; d. Through teachers, report cases of family violence to the appropriate authorities, including cases of family violence against children; in such instances the guardianship authority and the police are to be appropriately and immediately notified. (5) Medical institutions of all types and levels are to: a. Organize awareness campaigns; b. Report cases of family violence, through medical employees, to the guardianship authority and to the police; c. Ensure medical counseling and assistance for victims; d. Initiate and accomplish programs and services for aggressors; ensure completion of programs for treat- ment of alcoholism, detoxification, psycho-therapeutic treatment, as applicable, at the expense of the abuser or, as applicable, from the funds of mandatory medical insurance; e. Initiate permanent partnerships with all programs dealing with mother and child health; f. Contract for medical services to be provided by centers/services for victim and aggressor rehabilitation. (6) The administrative bodies of the interior, at the specialized unit level are to: a. Identify, record and report cases of family violence; b. Ensure basic records of aggressors; c. Notify the guardianship and tutorship authorities in cases of minor victims of family violence; d. Examine requests and notifications submitted by citizens, medical institutions, forensic medicine centers and other institutions that deal with conflicts within families, acts of violence, death threats or the immediate danger of the same; e. Visit families whose members are on record, perform activities for preventing repeated acts of family violence; f. In emergencies, and contingent on the gravity of the case, ensure the administrative arrest of the aggressor; g. Obtain a protective order from the court in emergencies, based on the victim’s request or on the notifica- tion of the case; ensure the enforcement of the protective order; h. In family violence cases, explain the victim’s rights to the victim and, at the victim’s request, assist them with placement in a rehabilitation center; i. Inform the victim of their right to free legal assistance; j. Ensure access to rehabilitation services for the aggressors, including those under administrative arrest; k. Ensure the security, safety and public order in victim rehabilitation centers;
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l. Monitor and administrate, jointly with social assistants, cases of family violence in the serviced territory and update the field database; m. Collaborate with the appropriate authorities in the field and with civil society to prevent and combat family violence.
Article 9. The role of the Penitentiary Institutions Department The Penitentiary Institutions Department is responsible for: a. Organizing services and programs for the rehabilitation and the re-socialization of imprisoned aggressors; b. Collaboration with other appropriate authorities in the field.
Article 10. The role of the centers/services for victim and aggressor rehabilitation (1) The center for rehabilitation of victims of family violence, hereinafter referred to as the Center, is a specialized institution that offers accommodation, food, legal, social, psychological and medical emergency assistance, safety and protection, and assistance in contacting relatives. (2) Centers may be created: a. By the Government, at the proposal of the Ministry of Labor, Social Protection, and Family; b. By the local public administration authorities, at the proposal of the commission for social issues; c. By international organizations and non-governmental organizations, with the notification of the Ministry of Labor, Social Protection and Family; d. By public administration authorities and non-governmental or private organizations, based on an agree- ment of joint activity. (3) A Center is to: a. Ensure protection and accommodation for the victim, until the resolution of the family situation, but for no more than 3 months; b. Offer psychological, pedagogical, social and legal assistance and medical care for the family members who are or might become victims; c. In emergency cases, when the isolation of the aggressor is necessary as a protective measure, undertake, at the victim’s request, the placement of the victim and, with the consent of the legal representative or of the guardianship authority, the placement of the child; d. Prohibit aggressor access into the premises; e. Notify law enforcement bodies of the acts of family violence; f. Study and summarize the causes and circumstances of the acts of family violence. (4) The founder shall approve regulations for the organization and operation of a Center, based on a frame- work regulation approved by Government decision. (5) The costs of a Center’s activity are to be covered from the founder’s general budget. (6) The organization and operation of the Center may be also materially and financially supported by eco- nomic agents and entrepreneurs as set out by the Law on Philanthropy and Sponsorship. (7) To ensure the security of the premises where victims are accommodated, a Center shall benefit from free police assistance. (8) The aggressor rehabilitation service is to: a. Offer specialized programs for treating alcoholism, detoxification and psycho-therapeutic treatment; b. Offer psychological and social assistance and vocational/career rehabilitation services to the aggressor; c. Collaborate with specialized territorial authorities to promote a healthy lifestyle, to prevent and treat alcohol and drug addiction and sexually transmitted diseases; d. Collaborate with institutions, enterprises and with non-governmental organizations to organize train and retrain aggressors for employment opportunities. e. Inform appropriate authorities about the termination of protective measures and the aggressor’s reinte- gration back into the family; f. Study and summarize the causes and circumstances of the acts of family violence. (9) The Government shall establish and monitor the operation standards for the Centers/services for vic- tims’ and aggressors’ rehabilitation.
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Chapter III MECHANISM FOR THE RESOLUTION OF ACTS OF FAMILY VIOLENCE Article 11. The victim’s right to protection (1) The victim is guaranteed the protection of his/her legitimate rights and interests. (2) Responsible persons and other persons who are aware of a threat or danger to the life or health of a po- tential victim must notify the authorities responsible for preventing and combating family violence. (21) The victim is entitled to assistance for physical, mental and social rehabilitation, through medical, psy- chological, legal and social actions. The rendering of protective services and assistance shall not be conditioned by the victim’s willingness to testify and participate in the judicial prosecution of the aggressor. The right to privacy and the confidentiality of information regarding the victim is guaranteed. (3) Bodies tasked with the prevention and combating of family violence shall be bound to react promptly to any request and to inform victims about their rights, about bodies and institutions tasked with the prevention and combating of family violence; about the types of services and organization that may be addressed for help; about assistance available to the victims; about where and how can they lodge a complaint; about the procedure to be followed after lodging the complaint and about their role in such proceedings; how protection can be ob- tained; to what extent and in what conditions can counseling or legal assistance be accessed; whether there are risks for their life or health in case of release of a an apprehended person or of a convict; whether the protective ordinance has been cancelled. (4) Cases of family violence may be subject to mediation, at the request of the parties. Mediation shall be performed by certified mediators or, absent such mediators, by the commission for social issues, with the par- ticipation of the social assistant, as appropriate. (5) The victim is entitled to free of charge primary and proficient legal assistance, in accordance with legisla- tion on legal assistance guaranteed by the state. (6) The victim shall be offered medical assistance in medical and sanitary institutions, in accordance with the Law on mandatory insurance for medical assistance. (7) The victim’s privacy and identity are protected. Recording, storage and use of the victim’s personal data shall be performed in accordance with the provisions of the Law on protection of personal data.
Article 12. Persons who may submit claims of family violence Persons entitled to submit claims of family violence are: a. the victim; b. in emergencies, family members; c. responsible persons and professionals who come into contact with the family; d. the guardianship authority; e. other persons who are aware of an imminent threat of or potential for acts of violence or of the occurrence of such acts.
Article 13. Submittal of claims (1) A claim regarding acts of family violence shall be submitted: a. To the administrative bodies of the interior; b. To the court; c. To the department of social assistance and family and child protection; d. To the local public administration authority. (2) The claim shall be submitted at the place: a. of victim’s domicile; b. of the victim’s temporary residence, if the victim has left his/her domicile to avoid the continuation of direct violence; c. of aggressor’s residence; d. where the victim has sought assistance; e. where the act of violence took place. (3) No state fee will be charged for the submission of claims to the court regarding acts of family violence.
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Article 14. Examination of the claim (1) The claim submitted to the administrative bodies of the interior shall be examined according to the ap- plicable legislation. (2) The claim submitted to the court shall be examined according to the Civil Procedure and Criminal Procedure Codes. (3) The claim submitted to any authority responsible for preventing and combating family violence shall be referred within one workday to the appropriate authority.
Article 15. Protective measures (1) The court shall, within 24 hours of receipt of the claim, issue a protective order, to assist the victim, by applying the following measures against the aggressor: a. Oblige the aggressor temporarily to leave the joint dwelling or to keep away from the victim’s dwelling, without making any determination as to ownership of property or assets; b. Oblige the aggressor to keep away from the victim’s person; c. Oblige the aggressor to refrain from contacting the victim, the victim’s children or other dependants of the victim; d. Prohibit the aggressor from visiting the victim’s place of work or residence. e. Oblige the aggressor, until the case is resolved, to contribute to the maintenance of his/her and the victim’s children; f. Oblige the aggressor to cover the costs and damages caused by the aggressor’s acts of violence, including medical expenses and the cost of replacing or repairing destroyed or damaged assets; g. Restrict the unilateral disposal of common assets; h. Oblige the aggressor to partake in a special treatment or counseling program, if the court determines this is necessary to reduce or eliminate violence; i. Establish a temporary visitation schedule for the aggressor’s underage children; j. Prohibit the aggressor from keeping or handling fire arms. (2) The sector inspector, in collaboration with the social assistant, is responsible for notifying the aggressor of the protective order and its application. (3) The protective measures specified in paragraph 1 will be applied for up to three months, may be can- celled upon the elimination of the threat or danger that caused the application of such measures, and may be extended in case of a repeated claim or if the conditions set in the protective order have not been observed. (4) The application of protective measures does not prevent the commencement of divorce procedures, division of property, annulment of parental rights, seizure of a child without annulment of parental rights or other actions provided by applicable legislation. (5) The supervision of the execution of the protective measures established by the court is the task of the administrative bodies of interior, the administrative bodies of social assistance and other administrative bodies, as appropriate. (6) If warranted, the court may lift the protective measures at the victim’s request. If the victims are children or infirm persons, the court is obligated to examine the case. (7) An appeal of the protective order may be made according to applicable legislation.
Article 16. Funding (1) The implementation of this law shall be funded from the state budget, the budgets of territorial-admin- istrative units, within the limits of annually established funds, and from other sources that are not prohibited by law. (2) Centers/services for the rehabilitation of victims and aggressors are to be funded from allotments pro- vided from the budgets of territorial-administrative units, from donations, grants, and from other sources, according to applicable legislation.
Article 17. Sanctions (1) Non-observance by the aggressor of the provisions of Article 15 paragraph 1 shall be sanctioned as pro- vided in the applicable legislation.
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(2) When acts of family violence contain elements of an administrative offence or of a criminal offence, ap- plicable legislation shall apply, notwithstanding any applicable protective measures. (3) Non-observance of this law by responsible persons or by professionals in the field is a breach of work discipline and requires disciplinary liability as established by law.
Chapter IV FINAL PROVISIONS Article 18 (1) This law shall take effect six months from the publication date. (2) Within 3 months, the Government: a. Shall submit to the Parliament proposals for bringing existing legislation in conformity with this law; and b. Shall bring its normative acts in conformity with this law.
SPEAKER OF THE PARLIAMENT Marian LUPU #45-XVI, March 1, 2007
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10. Law on Preventing and Combating Trafficking in Human Beings No. 241-XVI of 20 October 2005 Official Monitor of the Republic of Moldova no. 164-167/812 of 9 December 2005
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CONTENTS
Chapter I General Provisions Article 1. Scope of the Law Article 2. Main Terms Article 3. Legal Framework Article 4. Basic Principles of Combating Trafficking in Human Beings Article 5. Non-Discrimination
Chapter II Institutional Framework. Preventing and Combating Trafficking in Human Beings Article 6. Authorities Competent to Prevent and Combat Trafficking in Human Beings Article 7. National Action Plan for Preventing and Combating Trafficking in Human Beings Article 8. National Committee for Combating Trafficking in Human Beings Article 9. Territorial Commissions for Combating Trafficking in Human Beings Article 10. Functions of Public Administration Authorities in the Field of Preventing and Combating Traf- ficking in Human Beings Article 11. Functions of Law Enforcement Bodies in the Field of Preventing and Combating Trafficking in Human Beings Article 12. Activity of Non-Governmental Organizations in the Field of Preventing and Combating Traf- ficking in Human Beings Article 13. Special Provisions in the Field of International Transportation Article 14. Vocational Training and Education of Personnel
Chapter III Protection and Assistance of Victims of Trafficking in Human Beings Article 15. Identification of Victims of Trafficking in Human Beings Article 16. Social Rehabilitation of Victims of Trafficking in Human Beings Article 17. Centres for Protection and Assistance of Victims of Trafficking in Human Beings Article 18. Professional Integration of Victims of Trafficking in Human Beings Article 19. Repatriation of Victims of Trafficking in Human Beings Article 20. Protection and Assistance of Victims of Trafficking in Human Beings Article 21. Confidentiality of Private Life of Victims of Trafficking in Human Beings Article 22. Duties of Diplomatic Missions and Consular Offices of the Republic of Moldova for Providing Assistance and Protection to Victims of Trafficking in Human Beings Article 23. State Guarantees Granted to Victims of Trafficking in Human Beings
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Article 24. Protection and Assistance to Foreign Citizens and Stateless Persons Who are Victims of Traffick- ing in Human Beings
Chapter IV Preventing and Combating Trafficking in Children. Assistance and Protection of Child Victims of Trafficking in Human Beings Article 25. Preventing and Combating Trafficking in Children Article 26. Special Principles for Combating Trafficking in Children Article 27. Presumption of Age Article 28. Repatriation of the Child Victim of Trafficking in Human Beings Article 29. Granting Assistance and Protection to Child Victims of Trafficking in Human Beings
Chapter V Liability for Trafficking in Human Beings Article 30. Liability for Trafficking in Human Beings Article 31. Liability of Legal Entity for Trafficking in Human Beings Article 32. Exemption for Victim of Trafficking in Human Beings for Liability for Crimes Committed in Relation to Such Status
Chapter VI International Cooperation Article 33. International Cooperation Article 34. Liaison Officers
Chapter VII Final and Transitory Provisions Article 35.
The Parliament hereby adopts the present organic law.
Chapter I General Provisions Article 1. Scope of the Law The present Law regulates legal relationships concerning: a) preventing and combating trafficking in human beings; b) assistance framework for preventing and combating trafficking in human beings, for protection, and for granting assistance to victims of such trafficking; c) cooperation of public administration authorities with non-governmental organizations and other repre- sentatives of civil society in preventing and combating trafficking in human beings; d) cooperation with other states and international and regional organizations competent in the field.
Article 2. Main Terms In the present law, the following main terms will be used:
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1) trafficking in human beings – recruitment, transportation, transfer, harbouring or receipt of a person, by means of threat of force or use of force or other forms of coercion, of abduction, fraud, deception, of abuse of authority or a situation of vulnerability, or by means of offering or receiving payments or benefits of any kind in order to obtain the consent of a person who has control over another person for the purpose of exploitation of the latter; 2) trafficking in children – recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, even if these actions were not accomplished through any of the means provided in sub-paragraph 1); 3) exploitation of a person – abuse of a person in order to obtain profit, namely: a) compelling to perform work or services, by use of force, threats or other forms of coercion, in violation of the legal provisions connected to labour conditions, remuneration, health and security; b) slavery, use of certain practices similar to slavery, or resorting to other ways of deprivation of liberty; c) compelling to engage in prostitution, to participate in pornographic performances, with a view to the production, distribution and any introduction into circulation of such performances, the acquisition, sale or possession of pornographic material, or practicing other forms of sexual exploitation; d) compelling harvesting of organs or tissues for transplantation or collection of other component parts of the human body; e) using a woman as a surrogate mother or for reproductive purposes; f) abuse of child’s rights with a view to illegal adoption; g) use in armed conflicts or in illegal military formations; h) use in criminal activities; i) compelling to engage in begging; j) sale to another person; k) compelling to engage in other activities that violate fundamental human rights and freedoms. The consent of a victim of trafficking in human beings to the intentional exploitation, stipulated in sub- paragraph 3), is irrelevant when any of the means of coercion specified in sub-paragraph 1) are employed; 4) child – any person under 18 years of age; 5) document – passport or identity card or any kind of travel documents of the person subject to exploitation; 6) seizure of documents – depriving by any means the person subject to exploitation of the documents mentioned in sub-paragraph 5); 7) debt bondage – the state of a person deprived of freedom, including the freedom of movement or holding hostage until he/she or a third party reimburses a legally or illegally established debt; 8) slavery – state or condition of a person over whom one or all entitlements flowing from a right of owner- ship are exercised; 9) slavery-like practices – state of a person who is kept or forced in a situation in which another person exer- cises mastery over him/her or forces him/her through deception or threats of violence, violence or other means of coercion to offer certain services, including to enter into or to remain as a concubine (i.e., co-habitation, n.a.) or in a marital relationship; 10) state of vulnerability – special state in which a person is found such that he/she is inclined to be abused or exploited, especially due to: a) his/her precarious situation from the standpoint of social survival; b) situation conditioned upon age, pregnancy, illness, infirmity, physical or mental deficiency; c) his/her precarious situation due to illegal entry or stay in a country of transit or destination; 11) victim of trafficking in human beings – a natural person presumed or found to be subjected to acts of trafficking as provided for in sub-paragraphs 1) and 2). 12) trafficker in human beings – a person who participates in the organizing and carrying out of activities of trafficking in human beings; 13) identification of victims of trafficking in human beings – the process of verification of persons pre- sumed to be victims of trafficking in human beings.
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Article 3. Legal Framework The legal framework for the activity of preventing and combating trafficking in human beings and for pro- tection of victims of trafficking is constituted by the Constitution of the Republic of Moldova, the international treaties to which the Republic of Moldova is a party, the present law, and other normative acts that regulate relationships in this field.
Article 4. Basic Principles of Combating Trafficking in Human Beings Combating trafficking in human beings shall be carried out on the basis of the following principles: a) observance of human rights and fundamental freedoms; b) acknowledgment of trafficking in human beings as a crime affecting the fundamental human rights, dignity, liberty and integrity of human beings; c) inevitability of punishment for traffickers in human beings; d) legality; e) free access to justice; f) ensuring security and a fair attitude towards victims of trafficking in human beings; g) holistic use of preventive measures: legal, political, socio-economic and informational; h) social partnership, collaboration of public administration authorities with international organizations, non-governmental organizations, and other representatives of civil society; i) proportionality between the observance of fundamental rights of victims of trafficking in human beings and the conditions of criminal prosecution, in a manner that is not harmful to the rights of the defendant; j) equal treatment of all forms and types of national and transnational trafficking in human beings, whether or not related to organized crime, etc.,; k) collaboration of competent public administration authorities and organizations of other states with inter- national organizations in order to achieve the objectives of combating trafficking in human beings.
Article 5. Non-Discrimination Implementation of the provisions of the present Law, especially measures for the protection of the rights of victims of trafficking in human beings, shall be ensured without discrimination on any criteria, such as: sex, race, language, religion, political or other opinion, social or national origin, citizenship, association with an ethnic minority, etc.,.
Chapter II Institutional Framework. Preventing and Combating Trafficking in Human Beings Article 6. Authorities Competent to Prevent and Combat Trafficking in Human Beings (1) In order to increase the efficiency of activities to prevent and combat trafficking in human beings, especially in women and children, public administration authorities listed in the present chapter, non-govern- mental organizations and other representatives of civil society shall engage, separately or in combination, in such activity. (2) While performing activities to prevent and combat trafficking in human beings, public administration authorities listed in the present chapter shall collaborate among themselves through exchange of information, sharing experts, carrying out joint activities of victim examination and identification, personnel training, con- ducting socio-economic initiatives, as well as through other activities in the field. (3) Non-governmental organizations and international organizations with activities in the field and repre- sented in the Republic of Moldova shall be provided free rein when contributing to shaping the institutional framework and to activity to prevent and combat trafficking in human beings.
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Article 7. National Plan for Preventing and Combating Trafficking in Human Beings (1) For the purpose of preventing and combating trafficking in human beings, as well as for the protection of victims of such trafficking, the Government shall approve the National Plan for Preventing and Combating Trafficking in Human Beings (hereinafter referred to as the National Plan). (2) The National Plan shall be approved periodically for a two–year term. It shall regulate the implementation of holistic measures and the realization of socio-economic initiatives aimed at preventing and combating traf- ficking in human beings as well as at protecting victims of such trafficking, including collaboration with inter- national organizations, non-governmental organizations, other institutions and representatives of civil society. (3) Central and local public administration authorities empowered in the field of preventing and combat- ing trafficking in human beings shall adopt their own action plans for realization of the National Plan in their fields of activity.
Article 8. National Committee for Combating Trafficking in Human Beings (1) Coordination of activity to prevent and combat trafficking in human beings and cooperation of public administration authorities with international organizations, non-governmental organizations, other institu- tions and representatives of civil society [in such activities], shall be carried out by the National Committee for Combating Trafficking in Human Beings (hereinafter referred to as the National Committee). (2) The National Committee is a consultative body of the Government. (3) The nominal composition of the National Committee and its Regulation shall be approved by the Gov- ernment. The procedure for appointment and revocation of the members of the National Committee shall be regulated by the Regulation of the National Committee. (4) The National Committee shall have the following powers: a) to submit to the Government proposals on the fundamental elements of state policy in the field of pre- venting and combating trafficking in human beings and recommendations aimed at improving the activity of detection and elimination of the causes and conditions facilitating the appearance of trafficking in human beings and activities of trafficking in human beings; b) to regulate implementation of the National Plan and observance of legislation on preventing and combat- ing trafficking in human beings by state institutions and organizations, and to report to the Government on the means of implementation of the National Plan; c) to collect and analyse information about the scope, conditions and trends of trafficking in human beings at the national level; d) to submit proposals for legislative improvements in the field of preventing and combating trafficking in human beings and protection of victims of such trafficking; e) to organize public awareness raising campaigns on issues of trafficking in human beings and social dan- gers of this phenomenon; f) to coordinate the activity of territorial commissions for combating trafficking in human beings and spe- cialized institutions with respect to realization of the National Plan and performance of actions to prevent and combat trafficking in human beings; g) periodically to assess and monitor the process of realization of the National Plan and to inform the Gov- ernment and civil society about the results obtained. (5) The National Committee is comprised by representatives of public administration authorities, including law enforcement bodies, and organizations carrying out activities to prevent and combat trafficking in human beings. (6) Representatives of non-governmental organizations and international organizations that have their rep- resentation offices in the Republic of Moldova and are involved in activities to combat trafficking in human beings and grant assistance to victims of such trafficking, may attend the meetings of the National Committee, with the right to a consultative vote, and they shall be included in the composition of the National Committee and the territorial commissions for combating trafficking in human beings. (7) Organizational matters of the National Committee are ensured by a secretary, appointed by its Chairman. (8) The National Committee shall submit to the Government periodically, but not less frequently than once per year, by February1st, as well as upon request, a report on its activity. At any other time central public ad- ministration authorities may request information from the National Committee on the state of observance of legislation on preventing and combating trafficking in human beings.
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Article 9. Territorial Commissions for Combating Trafficking in Human Beings (1) For the purpose of coordination of activities to prevent and combat trafficking in human beings in districts, municipalities, and the autonomous territorial unit of Gagauzia, territorial commissions for combat- ing trafficking in human beings shall be created within the executive bodies of the respective representative authorities. In the Chisinau Municipality, such commissions shall also be created within sectors. (2) The territorial commissions for combating trafficking in human beings shall have the following func- tions: a) to organize and coordinate activity to prevent and combat trafficking in human beings, protection and assistance to victims of such trafficking, and collaboration between local public administration authorities, law enforcement authorities, non-governmental organizations, institutions and other representatives of civil society working in this field; b) to implement the measures set out in the National Plan at the local level; c) periodically to assess and monitor on-site activities to prevent and combat trafficking in human beings carried out by state bodies and to inform and submit proposals regarding improvement of the effectiveness of these activities to the respective representative authorities and the National Committee; d) to grant assistance in drafting research programs and assessments and collecting statistical data regarding trafficking in human beings; e) to implement training programmes regarding preventing and combating trafficking in human beings for vulnerable persons and civil servants involved in such activities. (3) The Regulation of the territorial commissions for combating trafficking in human beings shall be ap- proved, respectively, by district councils, municipal councils, and the General Assembly of the autonomous territorial unit of Gagauzia on the basis of the Framework Regulation approved by Government decision. (4) The territorial commission shall submit to the respective representative authority and the National Committee a periodic activity report not less frequently than once per year, by the 15th of January.
Article 10. Functions of Public Administration Authorities in the Field of Preventing and Combat- ing Trafficking in Human Beings (1) In conformity with their functions: 1) The Ministry of Interior, Ministry of Foreign Affairs and European Integration, Intelligence and Security Service, and National Migration Bureau shall develop a list of states that pose an increased risk of trafficking in human beings and shall bring such list to the attention of interested bodies; 2) The Ministry of Foreign Affairs and European Integration, Intelligence and Security Service, Ministry of Interior, Frontier Guard Service, and National Migration Bureau shall take necessary actions to forbid [presence] on the territory of the Republic of Moldova by foreign citizens and stateless persons, where there is accurate infor- mation that they are traffickers in human beings; 3) The Frontier Guard Service shall undertake measures to prevent and combat trafficking in human beings through prevention, detection, and deterrence of attempted border crossings of the state border by traffickers in human beings, as well as illegal border crossings of the state border by victims of trafficking in human beings; 4) The Ministry of Health and Social Protection: a) shall, with the assistance of the National Employment Agency, implement information activities on topics related to the situation in the labour market, vocational training programmes, or incentives for employment, by offering labour mediation services, professional information and counselling, vocational orientation and training, as well as consultations and assistance in starting a business activity; b) shall, through social assistance bodies, ensure to victims of trafficking in human beings information and counselling and extend to them the facilities provided by law for socially marginalised persons; c) shall develop medical assistance programs, including psychiatric assistance, and designate the medical institutions that will offer such assistance to victims of trafficking in human beings; 5) The Ministry of Education, Youth and Sports shall, in cooperation with other interested ministries, local public administration authorities, and non-governmental organizations working in this field, develop educational and training programmes for teachers, parents, children, and at-risk groups aimed at eliminating all the causes and conditions that encourage trafficking in human beings, especially in women and children; 6) The National Migration Bureau shall issue, as provided by law, immigrant certificates valid for a certain period to foreign citizens and stateless persons who are victims of trafficking in human beings;
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7) The Ministry of Foreign Affairs and European Integration shall contribute to preventing and combating trafficking in human beings, especially through organizing and participating in negotiations in order to con- clude international treaties with other states and international organizations in the field of trafficking in human beings, as well as through granting assistance and protection to trafficked persons abroad, within the limits of international legal provisions; 8) The Ministry of Information Development shall ensure the identification of victims of trafficking in hu- man beings and shall issue residence permits or, as the case may be, identity cards to victims of trafficking in human beings who are foreign citizens or stateless persons, where their stay [in Moldova] is necessary due to their personal circumstances or due to their participation in criminal proceedings against the trafficker, under the conditions stipulated in paragraph (6) of Article 24; 9) The Ministry of Economy and Commerce, together with other interested ministries and departments, shall develop and implement socio-economic programmes aimed at the removal of the economic causes and conditions encouraging illegal migration, including trafficking in human beings; 10) The Ministry of Justice shall submit every 6 months the list of non-governmental organizations engaged in activities to prevent and combat the trafficking phenomenon and to assist and protect victims of trafficking. The Ministry of Justice, jointly with other central public administration authorities specified in this Article, shall prepare draft normative acts to regulate relations in the sphere of preventing and combating trafficking in human beings, as well as granting protection and assistance to victims; 11) The centres for assistance and protection of victims of trafficking in human beings shall issue provi- sional identity documents for the period of accommodation, with the possibility of extension as provided in Article 17. (2) The central public administration authorities competent in preventing and combating trafficking in human beings, the local public administration authorities, and the territorial commissions for combating traf- ficking in human beings shall systematically organize informational awareness-raising campaigns for the pop- ulation and shall develop and distribute publicity materials on the risks that potential victims of trafficking in human beings can be exposed to, in active collaboration with mass-media. (3) The public administration authorities mentioned in the present Article shall periodically inform the National Committee about the actions undertaken to prevent and combat trafficking in human beings, by pre- senting proposals to increase the efficacy of these activities.
Article 11. Functions of Law Enforcement Bodies in the Field of Preventing and Combating Traf- ficking in Human Beings (1) The Ministry of Interior and its central and territorial subdivisions shall: a) carry out activities to prevent and combat trafficking in human beings through prevention, detection, and deterrence of crimes related to trafficking in human beings in accordance with effective legislation by con- ducting criminal prosecution in criminal cases of trafficking and other related actions; b) ensure, upon request, the physical protection of victims of trafficking in human beings throughout crimi- nal proceedings and grant other assistance and protection according to this Law and other normative acts in this field. (2) The Ministry of Interior, through its organizations specialized in preventing and combating trafficking in human beings, shall carry out operative investigative activities, criminal prosecution, international coopera- tion for the identification and protection of victims of trafficking in human beings, analysis and intelligence and shall facilitate the creation of regional centres for preventing and combating trafficking in human beings. (3) The Ministry of Interior, supported by other ministries and departments, shall develop, administer and maintain an updated database regarding the phenomenon of trafficking in human beings, whilst respecting the confidentiality of the personal data of victims of trafficking in accordance with Article 21 o f the present Law. (4) The Ministry of Interior, jointly with the General Prosecutor’s Office, shall carry out studies aimed at detecting and eliminating the causes and conditions encouraging trafficking in human beings and shall publish each semester in the mass media the statistical information and analytical reports on preventing and combating trafficking in human beings and protecting victims. (5) The General Prosecutor’s Office, within the scope of its competence, shall carry out activities to prevent and combat trafficking in human beings in compliance with effective legislation, shall coordinate, conduct, and perform criminal prosecution in cases related to such trafficking, shall represent the state prosecution in
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courts, shall supervise the observance of human rights, including of victims of trafficking, and shall take other necessary measures in this field. Within the General Prosecutor’s Office, a specialized subdivision for prevent- ing and combating trafficking in human beings shall be established. (6) The Intelligence and Security Service and its territorial bodies shall carry out activities to prevent and combat trafficking in human beings through detection of connections of international organizations and orga- nized criminal groups with traffickers in human beings, as well as through other activities carried out within its terms of reference. (7) A coordinating council of law enforcement bodies with functions in the field of combating of trafficking in human beings shall be created by the General Prosecutor. (8) The law enforcement bodies shall submit annually, not later than the 10th of January, to the coordinating council of the General Prosecutor, reports on the observance within the country of legislation on preventing and combating trafficking in human beings; also the General Prosecutor shall submit these respective reports to the National Committee by the 20th of January.
Article 12. Activity of Non-Governmental Organizations in the Field of Preventing and Combat- ing Trafficking in Human Beings (1) In order to prevent and combat trafficking in human beings, to provide protection and assistance to vic- tims, and to coordinate current activities, international organizations represented in the Republic of Moldova and non-governmental organizations active in this field may cooperate with public administration authorities and competent bodies, in compliance with their statutes and regulations, and may organize information cam- paigns on trafficking in human beings and the risks to which victims of such trafficking are exposed. (2) Non-governmental organizations may establish centres for the protection and assistance of victims of trafficking in human beings. (3) Non-governmental organizations shall carry out activities of identification of victims of trafficking in human beings, grant legal and other kinds of protection and assistance to victims, and take other measures and actions to prevent and combat such trafficking in accordance with their statute.
Article 13. Special Provisions in the Field of International Transportation The respective agencies and structures in the field of international transportation are obliged to verify whether all passengers possess the documents necessary to enter the country of destination.
Article 14. Vocational Training and Education of Personnel (1) The state shall guarantee vocational training and education of employees in law enforcement authorities, migration bodies, and other authorities in the field of preventing and combating trafficking in human beings. (2) Such vocational training and education of personnel shall be based on the methods of preventing and combating trafficking in human beings, the most advanced techniques for conducting criminal investigation in cases of trafficking in human beings, including trafficking in children, the observance of the rights and interests of victims of trafficking and on the most advanced forms of their protection. (3) The vocational training and education of personnel shall comprise methods and forms of collaboration of public administration authorities with representations of international and regional organizations in the Republic of Moldova, non-governmental organizations, other institutions and representatives of civil society, as well as methods and forms of cooperation and collaboration of public administration authorities, organizations and institutions of the Republic of Moldova with interested authorities, organizations and institutions of other states and with international and regional organizations.
Chapter III Protection and Assistance of Victims of Trafficking in Human Beings Article 15. Identification of Victims of Trafficking in Human Beings Identification of victims of trafficking in human beings shall be carried out by the competent public au- thorities with the support of non-governmental organizations or by non-governmental organizations that have reasonable grounds to believe that a person is a victim of such trafficking.
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Article 16. Social Rehabilitation of Victims of Trafficking in Human Beings Social rehabilitation of victims of trafficking in human beings shall be carried out in order to reintegrate them back into a normal way of life and shall include the provision of legal and material assistance, psychologi- cal, medical and professional rehabilitation, employment, and a dwelling space.
Article 17. Centres for Protection and Assistance of Victims of Trafficking in Human Beings (1) The centres for protection and assistance of victims of trafficking in human beings (hereinafter referred to as centres) shall be specialized institutions providing civilized conditions of accommodation and personal hygiene, nutrition, emergency legal, social, psychological and medical care, security and protection, as well as assistance with contacting relatives. (2) The centres may be established by: a) the Government, on the proposal of the National Committee; b) local public administration authorities, on the proposal of the territorial commission mentioned in Ar- ticle 9; c) international and non-governmental organizations, with notification to the National Committee; d) public administration authorities and non-governmental or private organizations, on the basis of an agreement on joint activities. (3) The centres shall provide accommodation to victims of trafficking in human beings upon their personal request for a period of up to thirty days. (4) The duration of accommodation specified in paragraph (3) may be prolonged: a) upon the recommendation of the physician during the period of treatment, but not longer than 6 months; b) upon the request of the criminal prosecution bodies or courts during the period of criminal proceedings, and when the life and health of the victim are threatened by real danger, the duration of accommodation may be prolonged even after the termination of criminal proceedings for a period deemed necessary for the protec- tion of the victim, based upon the prosecutor’s request; c) upon the request of the victim of trafficking in human beings, with an indication of the reasoned justifica- tion, for a maximum period of 30 days. (5) Pregnant women, who are victims of trafficking in human beings, shall be entitled to accommodation in the centre for a period of up to one year. (6) The regulation of organization and operation of the centres shall be approved by the founders, based upon the Framework Regulation approved by Government decision. (7) The costs related to the centres’ activity shall be covered from the founders’ joint budgets. (8) The organization and operation of the centres may be supported materially and financially by economic agents and entrepreneurs, according to the Law of Philanthropy and Sponsorship; (9) In order to ensure the security of the premises where victims of trafficking in human beings are accom- modated, the centres may seek free of charge assistance from the police.
Article 18. Professional Integration of Victims of Trafficking in Human Beings (1) Professional integration of victims of trafficking in human beings shall be carried out with the support of employment agencies under the terms of the legislation in force. (2) Employment agencies shall offer victims of trafficking in human beings priority free of charge services in the field of labour mediation, information and professional counselling, professional orientation and voca- tional training, as well as consultancy and assistance in starting up a business. (3) Victims of trafficking in human beings are entitled to undergo a vocational training course financed from the unemployment fund. (4) Beneficiaries of the services provided in paragraphs (2) and (3) shall be victims over the age of 16 years.
Article 19. Repatriation of Victims of Trafficking in Human Beings (1) The Republic of Moldova shall contribute without undue delay to the repatriation and reception of vic- tims of trafficking in human beings, who are its citizens, or stateless persons, who were entitled to permanent residence in the territory of the Republic of Moldova upon entry into the territory of another state, taking into account the need to ensure their security.
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(2) Upon request of a country of destination, the competent authorities of the Republic of Moldova shall ver- ify, without undue delay, whether a victim of trafficking in human beings is a citizen of the Republic of Moldova or whether he/she was entitled to permanent residence in its territory upon entry into the country of destination, and shall so inform the soliciting state and simultaneously undertake measures for the victim’s repatriation. (3) For the purpose of facilitating repatriation of a victim of trafficking in human beings who is a citizen of the Republic of Moldova or who was entitled to permanent residence in the Republic of Moldova upon entry into the country of destination and who does not possess the necessary documents, the competent authorities of the Republic of Moldova, upon request of the country of destination, shall issue travel documents or any other authorization needed for the repatriation. (4) The provisions of this Article shall apply without prejudice to any right granted to the victim of traffick- ing in human beings by any law of the country of destination. (5) The regulation on the procedure of repatriation of victims of trafficking in human beings who are citizens of the Republic of Moldova or who were entitled to permanent residence in the Republic of Moldova upon entry into the country of destination, shall be approved by the Ministry of Foreign Affairs and European Integration, together with the Ministry of Interior and the Ministry of Information Development.
Article 20. Protection and Assistance of Victims of Trafficking in Human Beings (1) Victims of trafficking in human beings shall be offered assistance in physical, psychological, and social recovery through specialized medical, psychological, legal, and social measures. (2) A person who is presumed to be a victim of trafficking in human beings shall be deemed a vulnerable person and shall benefit from the minimum package of social and medical assistance provided by the institu- tions of the Ministry of Health and Social Protection. Persons who are recognized as victims of trafficking must be provided free assistance in the medical institutions defined by the Ministry of Health and Social Protection. (3) The state, through its competent bodies and organizations, shall take prompt adequate measures for the identification and referral of victims of trafficking in human beings to protection and assistance services, offer- ing them a reflection period of 30 days. During this period of time, the implementation of any expulsion order issued against this person shall be prohibited. (4) Providing protection and assistance services shall not be conditioned upon the willingness of victims to make statements and to participate in the prosecution of traffickers. (5) The competent public administration authorities shall inform victims of trafficking in human beings of their rights and about the authorities, institutions, and organizations that are competent in the field of prevent- ing and combating trafficking in human beings and protecting and assisting victims of trafficking. (6) Victims of trafficking in human beings shall be provided protection and assistance by the public admin- istration authorities, the National Committee, and the territorial commissions for combating trafficking in hu- man beings, within the scope of their competencies and in accordance with this Law and other normative acts. (7) Non-governmental organizations active in the field are entitled to grant protection and assistance to victims of trafficking in human beings, including the protection of their interests in a criminal or civil suit. (8) Each time when a competent authority or an international or non-governmental organization active in the field has reasonable grounds to believe that a person is a victim of trafficking in human beings, such person shall be offered all the protection and assistance measures provided for in the present Law.
Article 21. Confidentiality of Private Life of Victims of Trafficking in Human Beings (1) The private life and identity of a victim of trafficking in human beings shall be protected. The registra- tion, maintenance, and use of personal information regarding a victim of trafficking shall be done by taking into account the special rules of confidentiality, with the aim of administration of justice and protection of victims only during criminal proceedings. (2) Disclosure of information on the private life and identity of victims of trafficking in human beings and the conditions of these persons’ trafficking is prohibited. (3) It shall be prohibited to disclose information about state protection measures for victims of trafficking in human beings, about the persons who provide such protection, as well as about the persons who provide assistance in combating trafficking in human beings. (4) Observance of the confidentiality of the information provided in paragraphs (1) to (3) shall be the duty of all persons, including those involved in activities to prevent and combat trafficking in human beings and to
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protect and assist victims, law enforcement bodies, courts, centres provided for in Article 17, as well as social workers. (5) In case the life and health of a victim of trafficking in human beings are threatened by real danger, then she is offered, upon her request, based upon a court ruling, at the request of the prosecutor, of the criminal investigation body, the possibility to change his/her name, surname, date and place of birth, under the terms of the Law on Civil Status Acts and the Law on State Protection of an Injured Party, Witnesses and Other Persons Providing Assistance in Criminal Proceedings. (6) The disclosure of information about safety measures and confidential data regarding victims of traffick- ing in human beings, as well as disclosure of information about criminal prosecution and measures provided to ensure the safety of the participants at criminal proceedings, shall be punished in compliance with legislation on criminal and administrative offences.
Article 22. Duties of Diplomatic Missions and Consular Offices of the Republic of Moldova for Providing Assistance and Protection to Victims of Trafficking in Human Beings (1) The diplomatic missions and consular offices of the Republic of Moldova shall have the following duties: a) to carry out activities to protect the rights and interests of citizens of the Republic of Moldova who have become victims of trafficking in human beings in the country of residence or, in countries where they have accredited missions, to contribute to their repatriation in compliance with the legislation of the Republic of Moldova and the legislation of the country of residence; b) in case of loss or impossibility of recovery of identity documents from the traffickers in human beings, to issue free of charge and in a prompt manner, jointly with the subdivisions of the Ministry of Information Development, documents or any other acts needed for repatriation in the Republic of Moldova by citizens of the Republic of Moldova who have become victims of trafficking in human beings; c) to distribute to those interested informative materials regarding the rights of victims of trafficking in hu- man beings, according to the legislation of the Republic of Moldova and the legislation of the state of residence; d) to provide to public administration authorities and judicial bodies of the state of residence or in coun- tries where they have accredited missions information regarding the legislation of the Republic of Moldova in the field of preventing and combating trafficking in human beings, regarding the rights of victims and their protection and assistance, including addresses for the Centres for the Protection and Assistance of Victims of Trafficking in Human Beings. (2) The chiefs of diplomatic missions and consular offices shall appoint a diplomat from their missions to be in charge of the application of repatriation procedures for Moldovan citizens who are victims of trafficking in human beings, for their protection and assistance during their stay in the country of transit or destination, as well as for cooperation in this field with the authorities and bodies from the Republic of Moldova.
Article 23. State Guarantees Granted to Victims of Trafficking in Human Beings (1) Courts and criminal prosecution bodies shall grant to victims of trafficking in human beings measures to safeguard their physical safety and rights, as regulated by the Criminal Procedure Code and the Law on State Protection of an Injured Party, Witnesses and Other Persons Providing Assistance in Criminal Proceedings. (2) Victims of trafficking in human beings are entitled to compensation for damages, as provided by the law.
Article 24. Protection and Assistance to Foreign Citizens and Stateless Persons who are Victims of Trafficking in Human Beings (1) The Republic of Moldova shall grant assistance to foreign citizens and stateless persons who are victims of trafficking in human beings upon their voluntary repatriation to their country of origin on an emergency basis and shall ensure their transportation in completely safe conditions to the state border of the Republic of Moldova, unless otherwise provided in international treaties. The victim of trafficking in human beings may not be repatriated or expelled to his/her country of origin or to a third state if, upon estimating the risk and safety, reasons are found to presume that his/her personal safety or the safety of his/her family will be endangered. (2) In order to guarantee protection and assistance to foreign citizens and stateless persons who are victims of trafficking in human beings, they may de referred to the centres provided for in Article 17. (3) Foreign citizens and stateless persons who are victims of trafficking in human beings, as specified in paragraphs (1) and (2), shall be informed in a language they can understand of the judicial and administrative procedures enforced in the Republic of Moldova and in the countries of residence.
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(4) Foreign citizens and stateless persons who are victims of trafficking in human beings mentioned in paragraph (1) are entitled to a reflection period of 30 days, to psychiatric and psychological counselling, and to medical and social assistance. These persons may also enjoy free of charge legal assistance for the exercise of their rights at all stages of the criminal proceedings and to pursue their civil claims and lawsuits against the per- sons who perpetrated the crimes connected to trafficking in human beings, as provided by the Criminal Code. In this period of time, the implementation of any expulsion order issued against these persons is forbidden. (5) If foreign citizens and stateless persons who are victims of trafficking in human beings have no iden- tification documents due to their loss, theft, or destruction, the Ministry of Foreign Affairs and European Integration shall grant, upon the request of the foreign state, assistance in receiving such documents or permits necessary for return to their country of residence. (6) When foreign citizens and stateless persons who are victims of trafficking in human beings, due to their status as a victim, are placed in the centres provided for in Article 17 or when they participate in criminal proceedings against the trafficker, irrespective of their placement in these centres, they shall benefit from tem- porary residence permits, which may be prolonged, as the case may be.
Chapter IV Preventing and Combating Trafficking in Children. Assistance and Protection of Child Victims of Trafficking in Human Beings
Article 25. Preventing and Combating Trafficking in Children (1) Preventing and combating trafficking in children and assisting and protecting child victims of traffick- ing in human beings constitute a political, social, and economic concern of primary importance in the Republic of Moldova. (2) The activity of public administration authorities, bodies, and organizations with duties in the field of preventing and combating trafficking in human beings shall focus on the best interests of the child. (3) Public administration authorities, social agencies for healthcare and education, as well as non-govern- mental organizations, other institutions, and representatives of civil society shall, without delay, contact law enforcement bodies when it is known or suspected that a child has been exploited or trafficked or has been exposed to the risk of being exploited or trafficked.
Article 26. Special Principles for Combating Trafficking in Children Besides the basic principles enshrined in Article 4, the following special principles shall be taken into ac- count in the activity of preventing and combating trafficking in children and protecting and assisting child victims of such trafficking: a) strict observance of the rights of the child provided in the UN Convention on the Rights of the Child and the Law on the Rights of the Child of the Republic of Moldova; b) undertaking special protection and assistance measures to a child victim of trafficking in human beings; c) respecting the opinion of a child victim of trafficking in human beings over 10 years old regarding all ac- tions affecting him/her, taking into account the age, degree of maturity, and his/her best interests; d) informing the child victim of trafficking in human beings about his/her situation and rights, protection and assistance measures, available services, repatriation procedure, and family reunification process; e) ensuring that both the identity, as well as any details that may allow for the identification of the child victim of trafficking in human beings, are not made public in any case.
Article 27. Presumption of Age When the age of the victim of trafficking in human beings is not known but there are reasons to believe that the victim has not yet reached 18 years old, it shall be presumed that the victim is a child, and, until final verification of age, the victim shall be treated as a child, by granting him/her all special protection measures provided for in the present Law and other normative acts.
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Article 28. Repatriation of a Child Victim of Trafficking in Human Beings (1) A child victim of trafficking in human beings shall be repatriated to his/her country of origin provided, prior to his/her return, a parent, relative, or legal guardian has given consent to receiving the child into his/her care, or a governmental agency or child protection agency from the country of origin has given consent and is able to undertake responsibility for the child and to grant him/her adequate assistance and protection. (2) Taking a statement regarding a situation of trafficking from children by the criminal prosecution body or the court shall not prevent or delay the family reunification or return of the child victim to his/her country of origin, provided this is in the best interests of the child. (3) When it is not possible to return a child to his/her country of origin or to integrate him/her into the country of destination, or when these solutions are not in the best interests of the child, the authorities of both countries shall secure the relocation of the child victim to a third country, with the approval of the latter. (4) The opinion of the child victim of trafficking in human beings over the age of 10 years shall be taken into consideration when deciding on his/her repatriation or relocation to a third country. (5) The child victim of trafficking in human beings cannot be returned to his/her country of origin or trans- ferred to a third country, if, following the evaluation of the risks and security, there are reasons to believe that the security of the child or his/her family is in danger. (6) Children victims of trafficking in human beings who are foreign citizens or stateless persons are entitled to a temporary visa that ensures their right to legal residence in the territory of the Republic of Moldova until finding a sustainable solution regarding their return to the country of origin.
Article 29. Granting Assistance and Protection to Child Victims of Trafficking in Human Beings (1) The state shall secure the protection and assistance of children victims of trafficking in human beings from the moment when grounds arise to believe that the child is a victim of trafficking until the child’s identi- fication, integration, and his/her complete recovery, irrespectively of their cooperation with the authorities, as provided by Article 20, paragraph (4). (2) After identification as a victim of trafficking in human beings, the child shall be urgently referred to the competent services for child protection, assistance, and rehabilitation. (3) The National Committee, public administration authorities including law enforcement bodies, territo- rial commissions for the combating of trafficking in human beings, centres, non-governmental organizations, and other competent organizations shall be obliged to inform the tutorship and guardianship bodies imme- diately if they have any information about a child victim of trafficking in human beings in order to secure the protection of the child’s rights. (4) Where the child victim of trafficking in human beings is deprived of parental care, the tutorship and guardianship bodies shall appoint, as provided by law, a legal guardian, who will ensure that all decisions are taken in the interests of the child, who will make statements on behalf of the child, and who shall participate with the child in all criminal procedure and judicial actions, until a solution is reached in accordance with the best interests of the child. (5) A child identified as victim of trafficking in human beings shall be granted a reflection period of 30 days in order for him/her to decide personally, through his legal representative or guardian, if he/she will testifies against the trafficker. (6) In case of accommodating children victims of trafficking in human beings in centres, they must be ac- commodated separately from adults. (7) Children victims of trafficking in human beings shall be entitled to accommodation within the centre for a period of up to 6 months or for the duration of the legal proceedings. (8) All the agencies and institutions whose activity is related to children victims of trafficking in human beings shall establish special practices and programmes for their identification, referral, protection and assis- tance, while at the same time observing the confidentiality of the information regarding the personal data and the victim status of the child. (9) Children victims of trafficking in human beings shall be ensured the right to attend state educational institutions under the terms of the Law on Education. (10) When children victims of trafficking in human beings are left without parental care or do not know their parents’ whereabouts, they shall be ensured the possibility of an emergency search for their family or of instituting tutorship or guardianship, as provided by law.
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(11) Children who have suffered from trafficking in human beings are entitled to long-term care and pro- tection until complete recovery. Children deprived of a family environment are entitled to alternative family- type or community-type care.
Chapter V Liability for Trafficking in Human Beings Article 30. Liability for Trafficking in Human Beings (1) Persons participating in the organization and commission of trafficking in human beings activities shall be brought to criminal liability as provided for by the Criminal Code. (2) Crimes of trafficking in human beings have both a national and transnational character. In the latter case, the forms and techniques of investigation and criminal prosecution provided for such crimes by interna- tional and national legislation shall be applied. (3) If any of the methods specified in sub-paragraph 1) of Article 2 have been used, the consent of the vic- tim of trafficking in human beings to the intentional exploitation shall be irrelevant to bring the traffickers to criminal liability, (4) Foreign citizens or stateless persons involved in trafficking of human beings shall be refused entrance to the territory of the Republic of Moldova or their entry visas shall be revoked.
Article 31. Liability of Legal Entity for Trafficking in Human Beings (1) If activities of trafficking in human beings are performed through a legal entity that has a license to conduct business activities, and it is established that these business activities served as a disguise for the com- mission of the above-mentioned illegal actions, then the license shall be withdrawn and the legal entity shall be liquidated based upon a court judgement. (2) The legal entity bears civil liability to the victims of trafficking for the damage inflicted upon them as a result of the actions mentioned in paragraph (1). (3) Bringing a legal entity to justice shall not exclude personal liability of the natural persons who commit- ted the crime of trafficking in human beings.
Article 32. Exemption for Victim of Trafficking in Human Beings for Liability for Crimes Committed in Relation to Such Status A victim of trafficking in human beings shall be exempt from criminal, administrative, and civil liability for actions committed by him/her in relation to his/her status as a victim, if these actions fall under the jurisdiction of the Criminal Code, Code of Administrative Contraventions, or Civil Code.
Chapter VI International Cooperation Article 33. International Cooperation International cooperation in the field of preventing and combating trafficking in human beings and grant- ing protection and assistance to victims of such trafficking, including their repatriation, shall be performed on the basis of international treaties to which the Republic of Moldova is a party.
Article 34. Liaison Officers (1) The present Law establishes liaison officers within the Ministry of Interior, as well as liaison prosecutors within the Prosecutor’s General Office, who shall ensure mutual consultations with liaison officers or, respec- tively, liaison prosecutors operating in other countries, in order to coordinate joint activities during the detec- tion, discovery, and criminal prosecution of cases of trafficking in human beings, as well as during protection and assistance of victims of trafficking in the course of criminal prosecution. (2) With respect to data exchange about investigation and criminal prosecution of crimes stipulated in this Law, liaison officers and liaison prosecutors shall be the contact persons of the respective bodies for their coun- terpart organizations and institutions abroad.
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Chapter VII Final and Transitory Provisions Article 35 (1) The Government, within the period of three months, shall: submit proposals to the Parliament regarding harmonizing current legislation with the provisions of this Law; adopt normative acts for implementation of this Law; bring its normative acts in accordance with the present Law; ensure the revision and abrogation by ministries and other authorities of their normative acts that contra- dict the present Law. (2) Upon the proposal of authorities responsible for implementing this Law, the budget law shall annually provide necessary funds.
SPEAKER OF THE PARLIAMENT Marian LUPU
Chisinau, October 20, 2005. No. 241-XVI.
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11. Law on ensuring equal opportunities for women and men No. 5-XVI of 9 February 2006 Official Monitor of the Republic of Moldova No. 47-50/200 of 24 March 2006
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TABLE OF CONTENTS Chapter I General provisions Article 1. Scope of law Article 2. Basic terms Article 3. Subjects of legal relations in the sphere of equality between women and men Article 4. Legal framework Article 5. Prohibition of discrimination on the criterion of sex
Chapter II Ensuring equal opportunities between women and men in the public domain Article 6. Equal access to public office Article 7. Equal opportunities in the electoral sphere, in the activity of political parties and other socio- political organizations Article 8. Equal opportunities in mass-media
Chapter III Ensuring equal opportunities between women and men in the socio-economic sphere Article 9. Equal access to employment Article 10. Employer’s cooperation with employees and trade union representatives Article 11. Discriminatory actions by an employer Article 12. Equal access to entrepreneurial activity
Chapter IV Ensuring equal opportunities between women and men in education and healthcare Article 13. Equal access to education Article 14. Equal access to healthcare
Chapter V Institutional framework for ensuring equal opportunities between women and men Article 15. Authorities vested with duties in the field of ensuring equality between women and men Article 16. Competence of Parliament Article 17. Competence of Government
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Article 18. Governmental Committee for equality between women and men Article 19. Competence of central specialized public authorities Article 20. Competence of local public administration authorities Article 21. Ombudsmen Article 22. Gender statistics Article 23. Financing
Chapter VI Liability Article 24. Liability for discrimination based on the criterion of sex
Chapter VII Final provisions Article 25. Obligations of Government
The Parliament adopts this organic law.
Chapter I General provisions
Article 1. Scope of law The scope of this Law pertains to ensuring the exercise by women and men of their equal rights in the politi- cal, economic, social, cultural, and other spheres of life, rights guaranteed by the Constitution of the Republic of Moldova, with a view to preventing and eliminating all forms of discrimination based on the criterion of sex.
Article 2. Basic terms In the meaning of this Law, the following basic terms shall mean: complex approach to equality between women and men – integration of the principle of equality between women and men into policies and programs from all spheres and at all levels of adoption and implementation of decisions; affirmative actions – special temporary actions to speed up the attainment of real equality between women and men, intended to eliminate and prevent discrimination or disadvantages that emanate from existent at- titudes, behaviors and structures; discrimination on the criterion of sex – any distinction, exception, limitation, or preference that is aimed at or followed by a limitation or impediment of recognition, exercise, and/or implementation of fundamental human rights and freedoms, based on equality between men and women; direct discrimination on the criterion of sex – any action that in similar situations discriminates against a person in comparison to another person of another sex, also by reason of pregnancy, maternity, or paternity; indirect discrimination on the criterion of sex – any action, rule, criterion, or practice, identical for women and men but that has an effect or result that is unequal for one of the sexes, except for affirmative actions; equal opportunities – absence of barriers in participation in activities from the political, economic, social, cultural, or other spheres of life, based on equality between women and men; equality between women and men – equality in rights, equal opportunities in exercising one’s rights, equal participation in all spheres of life, equal treatment of women and men; gender – social aspect of relations between women and men, which is manifested in all spheres of life; sexual harassment – any form of physical, verbal, or nonverbal behavior, of sexual nature, which abases a person or creates an unpleasant, hostile, degrading, humiliating, or insulting environment;
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sex – the aggregate of anatomic and physiological characteristics that differentiates human beings as women and men; gender unit – a specialist vested with duties to promote equality between women and men in the institution where he/she is employed.
Article 3. Subjects of legal relations in the sphere of equality between women and men The subjects of legal relations aimed at ensuring equality between women and men are: the state, legal per- sons, and natural persons (regardless of age).
Article 4. Legal framework (1) Legal relations in the sphere of equality between women and men shall be regulated by the Constitu- tion of the Republic of Moldova, by this Law, and by other normative acts, as well as by international treaties to which the Republic of Moldova is a party. (2) In case of a discrepancy between the provisions of this Law and those of international treaties to which the Republic of Moldova is a party, the international treaties shall prevail.
Article 5. Prohibition of discrimination on the criterion of sex (1) In the Republic of Moldova, women and men enjoy equal rights and freedoms and are guaranteed equal opportunities to exercise these rights and freedoms. (2) The promotion of a policy or the performance of actions that do not ensure equal opportunities between women and men shall be deemed discriminatory and shall be removed by the competent public authorities, in accordance with the legislation. (3) Discrimination may be direct or indirect. (4) Actions that restrict or exclude in any aspect the equal treatment of women and men shall be deemed discriminatory and are prohibited. (5) Any legal act containing discriminatory provisions, based on the criterion of sex, shall be declared null by the competent bodies. (6) The following shall not be deemed discriminatory: a) measures to ensure certain special conditions for women during the period of pregnancy, recuperation, and/or breast-feeding; b) qualification requirements for activities in which special characteristics based on sex constitute a decisive factor, given the specific conditions and way of carrying out the respective activities; c) special advertisements for employment of persons of a certain sex in the work place where, given the nature or special conditions of performing the job, as provided by law, special characteristics based on sex are decisive; d) affirmative actions.
Chapter II Ensuring equal opportunities between women and men in the public domain Article 6. Equal access to public office (1) When establishing conditions for holding central and local public office, it is necessary to ensure equal opportunities for participation of women and men in the competition for employment. (2) The establishment of direct or indirect restrictions based on the criterion of sex when announcing, orga- nizing, or admitting entry to a competition for public office shall be prohibited, except as provided by this Law. (3) The heads of central and local public administration authorities and other officials must ensure equal access to public office in conformity with professional requirements, without differentiation on the criterion of the sex of the applicants. (4) The announcement and organization of competitions exclusively for persons of a certain sex is not al- lowed.
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Article 7. Equal opportunities in the electoral sphere, in the activity of political parties and other socio-political organizations (1) The Central Election Commission, election councils and district bureaus shall ensure the observance of the principle of equality between men and women in the electoral sphere. (2) Parties and other socio-political organizations must contribute to ensuring equal rights and opportuni- ties between their members, women and men, by means of: a) ensuring representation of women and men in the composition of their management bodies; b) ensuring representation in the lists of candidates of women and men, without discrimination on the criterion of sex.
Article 8. Equal opportunities in mass-media (1) Mass-media shall contribute to the promotion of the principle of equality between women and men within society by developing programs and materials to overcome gender stereotypes. (2) Any public discourse or materials that present the image of women or men in a manner that abases them shall be deemed unacceptable and shall be counteracted in accordance with this Law.
Chapter III Ensuring equal opportunities between women and men in the socio-economic sphere Article 9. Equal access to employment (1) The state guarantees equal rights and opportunities, as well as equal treatment of women and men, in employment. (2) The employer shall perform hiring through methods that ensure equal access of women and men to a position, including through affirmative actions.
Article 10. Employer’s cooperation with employees and trade union representatives (1) The employer shall cooperate with employees and trade union representatives with a view to establishing internal regulations that will prevent and exclude cases of discrimination based on the criterion of sex during work. (2) Procedures necessary to ensure equality between women and men may be included as duties of the employer and the employee in individual labor contracts, in collective bargaining contracts and in collective agreements. (3) In order to ensure equality between women and men, the employer shall: a) ensure equal opportunities and treatment to all persons, corresponding to the profession and without any discrimination on the criterion of sex, upon hiring, upon enhancement of professional skills, and upon promotion; b) apply the same evaluation criteria as regards quality of work, sanctioning, and dismissal; c) ensure equal remuneration for labor of equal value; d) undertake measures to prevent sexual harassment of women and men at their place of work, as well as to prevent persecution for submitting complaints against discrimination to the competent body; e) ensure equal conditions for women and men as regards combining service duties with family obligations; f) introduce provisions prohibiting discrimination based on the criterion of sex into the regulations for organization and operation of the unit.
Article 11. Discriminatory actions by an employer (1) The following actions by an employer shall be deemed discriminatory: a) placing advertisements for employment with requirements and criteria that imply priorities given to one of the sexes, except for cases specified in Article 5, paragraph 6, subparagraph c; b) refusing, without basis, to employ persons of a certain sex; c) establishing a more favorable work schedule for employees, on the basis of their sex, except for cases provided by legislation;
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d) refusing, without basis, to admit a person into a program for enhancement of professional skills based on reasons of his/her sex, or altering or canceling a labor contract or terms of employment based on the same reasons; e) applying different conditions of remuneration for work of equal value, based on the criterion of sex; f) distributing differently labor tasks, based on the criterion of sex, which result in a less favorable status; g) creating impediments or adverse conditions for a person who submitted a complaint of discrimination based on the criterion of sex to the competent body; h) requesting, without basis, information concerning civil status of candidates. (2) Despite compliance with the conditions, the refusal of employment, enhancement of professional skills, or promotion of persons of a certain sex shall be deemed ungrounded if made under the following pretexts: a) requiring the submission of additional documents not specified in the advertisement; b) failing to comply with criteria elaborated at the given moment; c) existence of family obligations; d) nonconformity with other conditions that do not have anything in common with the professional skills required for performing the solicited job, except for cases specified in Article 5, paragraph 6, subparagraph c; e) any other conditions with similar consequences. (3) The employer bears the obligation to prove lack of intention of direct or indirect discrimination of a person who considers himself/herself to have been discriminated against. (4) A person who considers himself/herself to have been discriminated against due to the fact that the em- ployer hired, promoted or granted another person privileges based on the criterion of sex or committed other discriminatory actions, is entitled to request the written submission of the reasons for the decision. (5) The employer is required to answer a person who considers himself/herself to have been discriminated against within 30 days after submission of such request. Otherwise, the person is entitled to initiate a lawsuit, in accordance with the legislation.
Article 12. Equal access to entrepreneurial activity The state shall ensure equal opportunities to women and men to perform entrepreneurial activity.
Chapter IV Ensuring equal opportunities between women and men in education and healthcare Article 13. Equal access to education (1) Educational and training institutions shall ensure equality between women and men: a) by means of access to education and/or training; b) in the educational and/or training process, also through evaluation of accumulated knowledge; c) in didactic and scientific-didactic activity; d) through developing didactic materials and curricula, in conformity with the principle of equality be- tween women and men; e) by including gender education as a component part of the educational system; f) by educating girls and boys in the spirit of partnership and mutual respect. (2) Educational and training institutions may not establish admission principles based upon direct or indi- rect restrictions based on the criterion of sex, except for cases provided for in this Law. (3) In derogation to paragraph 2 above, the state, through educational and training institutions, shall un- dertake affirmative actions to promote balanced participation of women and men in exercising specific profes- sions, where over-representation of persons of a certain sex has been ascertained. (4) This article shall apply as well to the educational and training institutions of force bodies [Translation Note: i.e., institutions of defence, law enforcement, military, security, intelligence].
Article 14. Equal access to healthcare Any form of discrimination based on the criterion of sex is prohibited as regards access of women and men to all levels of medical assistance and all programs for prevention of diseases and promotion of health.
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Chapter V Institutional framework for ensuring equal opportunities between women and men Article 15. Authorities vested with duties in the field of ensuring equality between women and men The following shall be vested with duties in the sphere of equality between women and men: a) Parliament; b) Government; c) Governmental Committee for equality between women and men; d) Ministry of Health and Social Protection (specialized body); e) ministries and other central administrative authorities (gender units); f) local public administration authorities (gender units).
Article 16. Competence of Parliament The Parliament shall be competent to: a) adopt a legislative framework that ensures equality between women and men in all spheres; b) monitor the implementation of the principle of equality between women and men in all directions and at all levels of state policy; c) examine reports of the Government and ombudsmen as regards the situation in the field, in accordance with the legislation.
Article 17. Competence of Government In order to take a complex approach to equality between women and men, the Government shall: a) ensure integration of the principle of equality between women and men into policies, strategies, pro- grams, normative acts, and financial investments; b) approve national plans and programs regarding equality between women and men and monitor their implementation; c) submit periodically to the Parliament reports on the situation and activity in the field, in accordance with the legislation.
Article 18. Governmental Committee for equality between women and men The Governmental Committee for equality between women and men is a consultative body, created by the Government, which operates based upon regulations approved by the latter, with the following duties: a) promoting equality between women and men, with a complex approach; b) coordinating the activity of central and local public administration authorities as regards issues of equal- ity between women and men; c) developing cooperation between state structures and civil society on issues of equality between women and men.
Article 19. Competence of central specialized public authorities (1) The Ministry of Health and Social Protection is the central public authority vested with the duty to de- velop and promote policies in the field of equality between women and men. (2) Within the Ministry of Health and Social Protection, duties specified in paragraph 1 shall be assigned to a specialized body, with the following functions: a) development and coordination of draft normative acts based on the principle of equality between women and men, proposition of amendments to normative acts in order to bring them into conformity with this Law; b) coordination and monitoring of the implementation of international instruments at the national level; c) submission of proposals to integrate the principle of equality between women and men into strategies, programs, and financial investments, as well as reports in the field; d) elaboration and coordination of program implementation, organization of media campaigns, and re- search and other actions as regards equality between women and men;
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e) coordination of activity of gender units; f) collaboration with non-governmental organizations, foundations, trade unions, employers’ unions, and international bodies that contribute to the implementation of equality between women and men; g) performance of other duties in the field, in accordance with the legislation. (3) Gender units shall operate within central public administration authorities. (4) The gender unit shall: a) monitor the observance of legislation in the field of equality between women and men within central public administration authorities; b) submit proposals to integrate the principle of equality between women and men into the policies and activity plans of central public authorities; c) examine petitions of legal entities and natural persons as regards cases of discrimination based on the criterion of sex; d) submit periodically to specialized bodies reports on activity on issues of equality between women and men; e) perform other duties in the field, in accordance with the legislation.
Article 20. Competence of local public administration authorities (1) Local public administration authorities shall be competent to: a) ensure integration of the principle of equality between women and men into policies, programs, norma- tive acts, and financial investments at the local level; b) monitor the implementation of programs, organize awareness campaigns, and perform research and other actions concerning equality between women and men at the local level; c) collaborate with nongovernmental organizations, foundations, trade unions, employers’ unions, and in- ternational organisms that contribute to the implementation of equality between women and men; d) other duties in the field, in accordance with the legislation. (2) Gender units shall operate within the framework of local public administration authorities (bodies of social assistance). (3) The gender unit shall: a) submit proposals to integrate the principle of equality between women and men into policies, programs, and normative acts of local public administration, as well as into the budgets of territorial-administrative units; b) collaborate with nongovernmental organizations and other organizations as regards the problem of equality between women and men; c) examine petitions of legal entities and natural persons as regards cases of discrimination based on the criterion of sex; d) monitor the activity of local public administration authorities in the field; e) submit periodically reports on work performed to local public administration authorities; f) perform other duties in the field, in accordance with the legislation.
Article 21. Ombudsmen The Ombudsmen shall ensure the guaranty and observance of equality between women and men as an integral part of constitutional human rights and liberties, in accordance with the legislation.
Article 22. Gender statistics (1) The National Bureau of Statistics shall collect, process, and summarize statistical data separately by sexes. (2) Central and local public administration authorities, parties, other socio-political organizations, and le- gal and natural persons that carry out entrepreneurial activity shall submit to the National Bureau of Statistics necessary information separately by sexes.
Article 23. Financing (1) Public authorities vested with implementation of this Law shall be funded from the state budget and from the budgets of territorial-administrative units within the limits of financial means established on a yearly basis. (2) Activities in the field may be also funded from other sources that are not legally prohibited.
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Chapter VI Liability Article 24. Liability for discrimination based on the criterion of sex (1) Persons subject to forms of discrimination based on the criterion of sex, as set out in this Law, are en- titled to reparation of damage according to the conditions established by legislation. (2) The subjects of legal relations who commit actions of discrimination based on the criterion of sex shall bear liability established by law for the breach of legislation in the field of equality between women and men.
Chapter VII Final provisions Article 25 Within 6 months, the Government: a) shall submit to the Parliament proposals for bringing effective legislation into conformity with this Law; b) shall draw up and approve all normative acts necessary to implement this Law.
SPEAKER OF THE PARLIAMENT Marian LUPU
Chisinau, 9 February 2006. No. 5-XVI
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12. LAW on the transplant of human organs, tissues and cells No. 42 -XVI from 06.03.2008
Parliament adopts this organic law to protect the rights of potential donors and beneficiaries of organ, tis- sue and cell transplants; to facilitate the transplant of organs, tissues and cells, thus to contribute to saving and improving human life; to prevent the sale of human body parts, acting based on the Article 36 of the Constitu- tion of the Republic of Moldova, The Parliament adopts the present organic law.
Chapter I General provisions Article 1. Scope and Purpose of law (1) This law forms the legal regulatory framework for the transplant of all human organs, tissues and cells; except reproductive organs, embryonic or fetal tissues, cells and organs; or blood or blood derivatives.
Article 2. Principal terms For the purpose of this law, the following terms shall have the following meanings: organ – is a vital and differentiated part of the human body, consisting of various tissues, which has special- ized physiological functions and its own structure with an important level of autonomy. tissues – are all parts (anatomical formations) of the human body that are formed of cells; cells – are individual cells or a conglomerate of cells, which are not connected in any way to adjacent tissues; extraction of human organ, tissue or cell – is a procedure where donated organs, tissues or cells become ac- cessible for transplant; transplant – is medical activity aimed at restoring the function of the human body by the transfer of compat- ible organs, tissues and cells from a donor to a recipient. The transplant may be from one person to another (an allogeneous transplant) or from different parts of the same person (an autologous transplant); donor – is a live or deceased person from whom human organs, tissues or cells are extracted for therapeutic purposes; and recipient – is a person benefiting from the transplant of human organs, tissues or cells. tissue bank – a specialized hospital unit or an institution dealing with processing, preservation, storage and distribution of human tissues and cells.
Article 3. Basic transplant principles Basic transplant principles are: a) protecting the dignity and character of a human being and guaranteeing to every person, without dis- crimination, respect for their integrity and for other fundamental rights and liberties concerning the transplant of human organs, tissues and cells; b) performing transplants of human organs, tissues and cells from a live or a deceased donor exclusively for the therapeutic benefit of the recipient when there are no comparatively efficient alternative therapeutic methods available; c) observing professional standards and duties in any intervention in the field of transplanting human or- gans, tissues and cells; d) Traceability via guarantee of identification of organs, tissues and cells meant for transplant within the process of extracting, stocking and distribution from a donor to a recipient and vice versa. e) protecting personal rights and freedoms and preventing the sale of human body parts; and f) giving patients fair access to transplant services.
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Chapter II Organization of transplant activity Article 4. Transplant Agency (1) The Transplant Agency (hereinafter “Agency”) is a public institution with legal status, subordinated to the Ministry of Healthcare, that is to carry out national policies and programs regarding the transplant of hu- man organs, tissues and cells and to ensure patients’ equal access to transplant services. The Agency is respon- sible for organizing and supervising all transplant activities at national level, including: a) The donation and extraction of organs, tissues and cells; b) The preparation and retention of recipient waiting lists; c) The preparation and retention of the Organ Donors’ Roster d) The distribution of organs, tissues and cells; e) The exchange and transportation of organs, tissues and cells, at the national and international level; f) The selection of transplant institutions and teams; g) The implementation of quality and protection standards regarding organs, tissues and cells; h) The ability to trace all organs, tissues and cells; i) The monitoring and verification of the results of transplant procedures; j) The training of medical employees and informing the public at large about transplant issues; (2) Regulation of the organization, functions, structure and staffing schedule of the Agency is to be estab- lished by the Government.
Article 5. Procedure for the distribution of organs, tissues and cells (1) Organs, tissues and cells shall be distributed to the patients according to the waiting lists, based on dis- tribution rules approved by order of the Minister of Healthcare. (2) When there is no compatible recipient on the list, the Agency may authorize the distribution of the or- gans, tissues, cells to a reputed transplant organization, recognized at national or international level, with which the Agency has signed bilateral agreements. (3) The Agency is exclusively entitled to authorize the import of organs, tissues or cells meant for transplant and will undertake all measures to comply them with the quality and safety standards.
Article 6. Quality control (1) The Agency shall establish and maintain a quality control and testing system for all donation, extraction, preservation, testing, storage and distribution activities, to ensure the quality and security of organs, tissues and cells for use in transplants. Measures of control and procedures of inspection shall be approved by the Agency. (2) To ensure the quality and safety of the organs, tissues and cells, which are to be sampled and transplant- ed, the Agency shall be entitled to organize inspections and apply adequate control measures in the following: a) the activity of tissue banks, including the procedures and activities implemented within such banks in compliance with the present Law; b) documents or any other registrations in compliance with the present Law; c) reaction cases and serious medically adverse effects. (3) Inspections will be carried out as many times as necessary, but not less than once a year.
Article 7. Identifying, reporting and investigating medically adverse transplant cases (1) The Agency shall establish a system for identifying, reporting and investigating serious medically ad- verse cases pertaining to transplant activity. All specialized doctors involved in the transplant, as well as other transplant organizations are to receive information about such cases. (2) Persons or institutions authorized in the field of transplant shall immediately report to the Agency about the cases of identifying any medically adverse transplant cases.
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Chapter III Authorizing transplant activities Article 8. Transplant activity Any activity in the field of transplants must be performed at the highest professional level and be in confor- mity with ethical standards.
Article 9. Authorization of organs extraction and transplant (1) Extraction and storage of organs, tissues and cells in transplant aims are permitted only in medical- sanitary institutions authorized by the Ministry of Healthcare, at the proposal of the Agency. Authorization criteria are to be approved by the Government. (2) The right of organ, tissues and cells transplant shall be granted only to the doctors authorized by the Ministry of Healthcare based on the proposal of the Agency and in accordance with the criteria approved by the Government. (3) Transplants of organs, tissues and cells are permitted only in medical-sanitary institutions authorized by the Ministry of Healthcare, at the proposal of the Agency. Authorization criteria shall be approved by the Government. (4) The healthcare institutions authorized to extract and transplant organs, tissues and cells shall submit reports on this activity in accordance with the procedure established by the Ministry of Healthcare.
Chapter IV Extraction of organs, tissues and cells from a deceased body Article 10. Conditions of extraction from a deceased body Organs, tissues and cells may be extracted from a deceased person only if the death has been confirmed ac- cording to the criteria established by the Ministry of Healthcare.
Article 11. Methods of confirming Death When a potential donor is available, it is necessary to confirm the death of the donor before initiating any donation procedure allowed by law. The death must be confirmed by one of the following procedures: a) After an irreversible cardiac/respiratory arrest, not susceptible of resuscitation, occurring to a person of normal or nearly normal temperature, the death must be confirmed within at least 5 minutes after the perfor- mance of all resuscitation measures, during which all tests must prove without a doubt that there is no blood circulation to the brain and to vital organs; and b) In the case of persons with irreversible changes in the vital centers of the brain, the death must be con- firmed by specific tests (criteria) approved by the Ministry of Healthcare, while the cardiac and respiratory function is maintained artificially.
Article 12. Confirmation of death by authorized medical personnel The doctors that confirm the death of a potential donor must be different from those directly participating in the extraction of an organ, tissue or cell; from those participating in subsequent transplant procedures; or from those responsible for the care of a potential recipient.
Article 13. Consent for donation (1) Extraction is possible only based on the consent of the person before dying, as set forth in compliance with the Law. (2) Extraction is prohibited in any form, where, during their lifetime, the deceased opted against donation, by an act of refusal in holograph or in legal form. (3) Where consent is absent, donation is possible only where the first degree relatives, the spouse or the legal representative of the deceased have not expressed a written refusal regarding donation.
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(4) Donation is possible without the consent of close relatives or of the legal representatives, where no rela- tive or legal representative, who could express the option regarding the donation, has presented themselves the legal declaration on the death and data on close relatives or legal representatives of the person are unavailable. (5) Organ, tissues and cells extracting from a deceased donor in medical and legal cases shall be made upon the consent of the jurist forensic/medical expert.
Article 14. Respect for the human body Specialists that extract organs, tissues and cells from a deceased donor are responsible for the physical re- construction of the body’s exterior by specific means and treatments, including surgical ones, in the event of necessity, in order to ensure worthy appearance of the defunct body.
Chapter V Extraction of organs, tissues and cells from a live donor. Powers of the independent Approval Commission Article 15. Conditions of extraction from a living donor (1) Extraction of organs, tissues and cells from a live donor is allowed only when there are no compatible organs, tissues and cells from a deceased donor. (2) Organs, tissues and cells of human origin may be extracted from adult living persons, with full legal capability, only when they have given their written, free, prior and expressed consent and only when the inde- pendent Approval Commission has granted authorization. (3) The consent shall be signed only after the doctor has informed the donor on possible risks and the physi- cal, mental, family and professional consequences of the act of extraction. (4) The consent for extraction shall be express, as set out in the legislation on the rights and duties of the patient, and shall be drafted as an informed consent, in a template approved by the Government.
Article 16. Transplant conditions (1) The transplant shall be made only in therapeutic purposes provided that there is no any alternative therapeutic procedure of the comparative efficacy. The transplant shall be made upon the consent in writing of the recipient after the latter has been informed of the eventual risks and consequences. (2) In the event of minors or disabled persons the consent shall be given by their parents or their legal rep- resentative. (3) If the recipient is not able to express his/her consent in writing due to some objective circumstances and connection with his/her family is not possible in due time, while delay would inevitably lead to the patient’s death, the transplant shall be made without the recipient’s consent.
Article 17. Independent Approval Commission (1) Extraction of organs, tissues and cells from a live donor is to be performed with the mandatory authori- zation of the independent Approval Commission. (2) The independent Approval Commission is an independent authority, without formal legal status, estab- lished by the Ministry of Healthcare, based on the regulation approved by the Government. (3) The Commission shall consist of members, who are not involved in Agency activities, with the following composition: a representative from the Expert Council of the Ministry of Healthcare; a psychologist; a psychia- trist; a representative from the Ethics Committee; and a representative from the Ministry of Interior, specialized in issues of combating trafficking in human beings and representative of the General Prosecutor’s Office. The actual Commission members shall be approved by the Government.
Article 18. Powers of the independent Approval Commission (1) The independent Approval Commission is to verify the observance of patients’ rights, ascertain the ef- fectiveness of the extraction procedure, and evaluate the legality and the motivation of the donation procedure, ensuring that the donor: a) Has been informed of the nature, impact and possible risks of the procedure;
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b) Is informed of the procedure and eventual risks; c) Has been informed of the illegality of accepting financial benefit for donation and of the right to compen- sation of any loss (damage) that may result from the donation procedure, taking into account certain expenses and losses that must be reimbursed; d) Is not forced in any way to donate organs, tissues or cells; and e) Is aware that he may withdraw his consent freely until the start of the donation procedure. (2) The independent Approval Commission is to examine and ascertain whether the recipient: b) Is aware of the nature and risks of both the procedure of extraction from the donor and the transplant procedure; c) Has been informed that offering incentives for compelling a donation or forcing by violence or threat to apply it for the organ, tissues or cells donation for transplant purposes or any other purposes is illegal; and d) Has been informed that the donor may withdraw his consent for donation freely anytime. (3) The independent Approval Commission is to verify that the donation is for humanitarian purposes, has an altruistic character and is not the object of a pecuniary transaction.
Article 19. Protection of minors and incapable persons regarding the expression of consent to extraction of organs, tissues or cells (1) There may be no extraction of organs, tissues or cells from a person who is not capable of expressing their consent, except the extraction of regenerative tissues or cells. In such cases, the extraction shall be au- thorized by the independent Approval Commission; with the consent of the legal representative of the donor or of the guardianship authority if the donation process is performed in the interests of a person who is a close relative of first degree with the donor (for an underage donor – a brother or sister); and said procedure poses minimal risk to the donor. (2) Extraction of regenerative tissues or cells from minors may be performed only with the consent of the guardianship authority or of each of the minor’s legal representatives. (3) The written or verbal refusal of the minor donor shall prevent any extraction.
Article 20. Authorizing the donation procedure from a live donor The independent Approval Commission shall authorize the donation procedure from a live donor where the proposed donation fulfills legal conditions and is acceptable from an ethical viewpoint.
Chapter VI Selection of donors and storage of tissues and cells
Article 21. Selection and examination of donors (1) All donors selected for extraction must be tested for clinical and laboratory control, which would ex- clude any infectious disease, an eventual contamination or a risk for the recipient. (2) Extraction of organs, tissues and cells is allowed only where the donors have been examined and tested for transmittable diseases, in conformity with international standards in the field.
Article 22. Storage and allocation of tissues and cells (1) When extracted tissues and cells are not used immediately for transplant, they may be stored, processed, deposited and distributed only to tissue and cell banks, authorized by the Agency. The tissue bank shall be liable for the legality of origin and for the control of tissues and cells. (2) Tissues and cells may be imported and exported only by the tissue banks authorized by the Agency. (3) All authorized tissue and cell banks will act according to international standards and be subject to in- spection every two years. (4) Tissues and cells obtained from the authorized tissue banks, including the imported ones, may be used for the transplant purposes.
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Chapter VII Information coding and traceability. Ensuring rights of donors and recipients to information Article 23. Information coding and traceability. (1) To ensure traceability of all tissues and cells, the Agency shall establish a unique coding system, which will provide data pertaining to basic characteristics and properties of tissues and cells. The traceability require- ment shall be applied to all data pertaining to the products and materials, which are in contact with such tissues and cells. (2) The Agency shall set up a system of donor identification, whereby each donation and each product as- sociated to this, will be assigned a unique code. (3) Tissues and cells will be identified by means of a label, which would contain data or references allowing for an establishment of a link with data on the procedures of obtaining tissues and/or cells, takeovers by the tissue banks, as well as on processing, storage and distribution of tissues and cells. (4) Tissue banks shall store the necessary data in order to ensure traceability at all stages. Data required for the complete traceability shall be stored for a period of at least 30 years after the clinical usage. (5) The traceability requirements for tissues and cells, as well as for the products and materials, which are in contact with these and affect their quality or safety, shall be established by the Agency.
Article 24. Offering information on donation and transplant of human organs, tissues and cells (1) Specialized doctors authorized to extract and/or transplant organs, tissues and cells must offer precise information, in a form understandable to the recipient and the donor or by the persons who are their first- degree relatives. (2) Persons who are close relatives to a deceased donor must be informed of the need to perform tests to establish the compatible donor, and about the consequences of the test results. (3) Living donors must be informed of the necessary tests to establish the compatible donor, of the purpose and nature of the extraction, and of the consequences and risks. (4) The recipient must be offered all information on the nature of the procedure, and its consequences and risks.
Article 25. Confidentiality of information (1) All personal data, including genetic data, regarding a person from whom organs, tissues or cells have been extracted and personal data regarding the recipient, collected as a result of activity provided by this law, is confidential. (2) This data may be collected, processed and shared only in conformity with the regulations on profes- sional secrecy and protection of personal data. (3) It is permissible to collect, process and communicate medical information on donors or recipients for medical purposes if this is necessary to ensure traceability.
Article 26. Special cases of information sharing Information about the donor may be shared with the recipient and information about the recipient with the donor, where both parties so agree.
Chapter VIII Prohibition to profit Article 27. Prohibition against financial profit (1) It is prohibited to profit financially from donating human organs, tissues or cells. (2) The donors may receive a compensation, which should be limiting strictly to the coverage of expenses and inconveniences, in particular: a) Compensation to living donors for the loss of revenues (wages, gains) and for other justified expenses, caused by donation or by other medical actions (examinations); and
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b) Payment of justified expenses for lawful medical services or for other technical services rendered in rela- tion to the donation. (3) Donation and transplant of organs, tissues and cells of human origin may not be the subject of a pecuni- ary transaction. (4) It is prohibited to promote the need for transplants of organs tissues and/or cells, for the purpose of of- fering or obtaining financial profit or similar advantage.
Article 28. Prohibition against trafficking in human organs, tissues and cells (1) Trafficking in human organs, tissues and cells is prohibited, as is obtaining financial profit or advantage from trafficking in human bodies and their parts. (2) Trafficking in human organs, tissues and cells qualifies as a criminal offence and is punishable by the effective criminal legislation.
Chapter IX Financing of activities in the field of transplant Article 29. Means of financing (1) The Agency is to be financed from the state budget. (2) The cost of transplants, investigation, hospitalization, surgical operations, medical treatment, sanitary (hygienic) materials, postoperative care and any other expense related to transplants, may be covered: a) By the National Health Insurance Company; b) From the state budget; c) From payments (fees) for medical services that pertain to the patients, as provided by applicable legisla- tion; and d) From donations from charity organizations or from other persons, and from individuals, not involved directly in a specific transplant.
Article 30. Transparency of financing The Ministry of Healthcare and National Health Insurance Agency shall establish a transparent system for the collection of donated funds and payments related to donation expenses.
Chapter X Legal responsibility and resolution of disputes Article 31. Responsibility of medical institutions and their personnel (1) Where the health of the donor or the recipient has been affected due to the nonobservance of the con- ditions and methods of extraction organs and/or tissues or of the conditions and methods of transplant as required by this law, the respective medical institution shall be liable to the affected persons, as provided by law. (2) Where doctors or other persons involved in the process of authorization, approval, donation and trans- plant of human organs, tissues and cells do not observe the requirements of the present law or other normative acts, they shall be liable as provided by law).
Article 32. Resolution of disputes (1) Disputes arising in the process of application of this law shall be solved as provided by effective legislation.
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Chapter XI Final provisions Article 33. Within six months after the effective date of this law, the Government: a) Shall adopt normative acts to implement this law and to ensure the activity of the Transplant Agency; and b) Shall bring its normative acts into conformity with this law.
Article 34. (1) This law takes effect six months after the date of its publication in the Official Monitor of the Republic of Moldova. (2) On the effective date of this law, the Law #473-XIV of June 25, 1999 on the transplant of human organs and tissues human (Official Monitor of the Republic of Moldova, 1999, #94-95, art.474) shall be repealed.
Speaker of the Parliament Marian Lupu Nr. 42-XVI Chisinau, March 6, 2008
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13. LAW on witness protection and protection of other participants in criminal proceedings No. 105-XVI of May 16, 2008 Monitorul Oficial No.112-114/434 of June 27, 2008
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CONTENTS Chapter I GENERAL PROVISIONS Article 1. Regulated area Article 2. Main terms Article 3. Grounds for applying protection actions with respect to a person in criminal proceedings Article 4. Protection of information
Chapter II AUTHORITIES APPROVED FOR PROTECTION OF WITNESSES AND OTHER PARTICIPANTS IN CRIMINAL PROCEEDINGS Article 5. Authority approved for witness protection Article 6. Competencies of approved authority Article 7. Competencies of criminal investigation authority Article 8. Competencies of the prosecutor Article 9. Competencies of the detention site administration
Chapter III PROTECTED PERSONS Article 10. Beneficiaries of the right to protection Article 11. Rights of a protected person Article 12. Obligations of protected persons
Chapter IV EMERGENCY MEASURES, PROTECTIVE MEASURES AND ASSISTANCE MEASURES Article 13. Emergency measures Article 14. Protective measures Article 15. Protection of identity and data of the protected person Article 16. Hearings for persons with special applications Article 17. Change of residence, workplace or place of study Article 18. Change of identity, change of physical appearance Article 19. Installation of an alarm system Article 20. Change of telephone number Article 21. Ensuring protection of property Article 22. Assistance measures
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Chapter V PROTECTION PROGRAM Article 23. Conditions for inclusion in protection program Article 24. Commencement of the procedure for inclusion in the protection program Article 25. Decision on application of protection measures Article 26. Decision of the approved authority Article 27. Protection agreement Article 28. Protection program Article 29. Cessation of protection program
Chapter VI SUPERVISION OF EXERCISING PROTECTION MEASURES Article 30. Supervision by prosecutor Article 31. Supervision by investigative judge
Chapter VII NATIONAL AND INTERNATIONAL COOPERATION Article 32. National cooperation Article 33. International cooperation
Chapter VIII FUNDING FOR WITNESS PROTECTION ACTIVITY Article 34. Expenses
Chapter IX FINAL AND TRANSITORY PROVISIONS Article 35. Enacting. Abrogation Article 36. Duties of the Government
The Parliament adopts this organic Law.
Chapter I GENERAL PROVISIONS
Article 1. Regulated area This Law provides for the security of participants in criminal proceedings when their life, physical integrity, freedom or property are endangered due to knowing data or agreeing to provide to legal authorities data that provides conclusive testimony related to grave, extremely grave or exceptionally grave offences.
Article 2. Main terms (1) For the purposes of this Law, the following main terms shall mean: 1) protected person – a person, who has entered into a protection agreement under this Law and has the legal status of:
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a) a witness in a criminal proceeding during the phase of the legal investigation or a court proceeding in compliance with art. 90 of the Code of Criminal Procedure; b) a damaged party in a criminal case, who is in the phase of a legal investigation or a court proceeding in compliance with art. 59 of the Code of Criminal Procedure; c) a victim in a criminal case, who is in the phase of a legal investigation and agrees to cooperate before the commencement of criminal proceedings; d) a suspect, accused, or an indicted person who agrees to give testimony, which could become conclusive evidence with respect to a grave, very grave or exceptionally grave offence, or who provides data related to the preparation of some grave, very grave or exceptionally grave offences; e) a condemned person during service of a privation of liberty penalty, who agrees to give evidence, which could become conclusive evidence with respect to a grave, very grave or exceptionally grave offence, or who provides data related to the preparation of some grave, very grave or exceptionally grave offences; f) a person with no legal procedure status, who agrees to provide data related to the preparation of some grave, very grave or exceptionally grave offences. Note Upon the request of a person listed in a-f above, close relatives and their family members may also be pro- tected according to this Law; 2) exposure to danger – a situation where the physical integrity, liberty or property of persons listed in item 1 above is threatened due to their provision of data or agreement to cooperate in criminal proceedings; 3) agreement to cooperate – the consent of persons listed in item 1 above to provide data, before the com- mencement of criminal proceedings, that supplies conclusive evidence or other information relating to the commission of some grave, very grave or exceptionally grave offences. 4) protection program – a set of protection measures, applied by the authority approved to protect witnesses and formulated with the consent of the protected person, which is aimed at protecting life, physical integrity and health under the terms of this Law, taking into account the personality of the witness, the information pos- sessed by him/her and the existing or possible danger; 5) protection measures – measures provided for in art. 13, applied within the protection program exclusively by the authority approved for protection of witnesses; 6) emergency measures – specific activities commenced immediately upon finding a person’s exposure to danger, which the criminal procedure authority has undertaken; by the prosecutor who handles the legal pro- ceedings; by the higher prosecutor; by management of the detention site; or, when appropriate, by the authority approved to protect witnesses; 7) protection agreement – a written confidential understanding between the protected person and the ap- proved authority for protection of witnesses regarding the measures to be applied for protection of the person, the competencies of parties and the circumstances calling for cessation of protection; 8) maximum confidentiality – security of information that is in compliance with art. 7 of the Law No. 106- XIII of May 17, 1994 on state secrets; 9) close relatives – persons listed in art. 6, item 41) of the Code of Criminal Procedure; 10) family members – direct relatives, relatives by affinity, tutor, curator, a person under tutorship or cura- torship, fiancees or concubines; 11) decision on application of protection measures – an order of the prosecutor or a court decision on appli- cation of protection measures with respect to participants in proceedings, issued in compliance with the Code of Criminal Procedure; 12) decision of the approved authority – an act issued by the authority approved for protection of witnesses within a protection program. (2) Other terms and expressions used in this Law shall have the meaning designated to them in the Criminal Code, the Code of Criminal Procedure and the Law Enforcement Code.
Article 3. Grounds for undertaking protection measures with respect to a person in criminal pro- ceedings The following may serve as grounds for undertaking protection measures with respect to a person in crimi- nal proceedings:
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a) the exposure to danger for those persons listed in art. 2, item 1); b) giving or agreeing to give testimony related to grave, very grave or exceptionally grave offences or provid- ing or agreeing to provide information before commencement of criminal proceedings; c) testimony, which provides conclusive evidence for determining offenses or for the objective judgment of a criminal case.
Article 4. Protection of information (1) Information about the actual identity or other data related to the protected person shall be stored in maximum confidentiality conditions in compliance with this Law and with art. 215 of the Code of Criminal Procedure. (2) Disclosure of information about the protected person shall be punished according to effective legisla- tion. Persons who take part in the protection program shall sign a confidentiality statement to this end.
Chapter II AUTHORITIES GRANTED COMPETENCIES FOR PROTECTION OF WITNESSES AND OTHER PARTICIPANTS IN CRIMINAL PROCEEDINGS Article 5. Authority approved for protection of witnesses The authority approved for protection of witnesses and other participants in criminal proceedings is to operate as a subdivision of the Ministry of Internal Affairs.
Article 6. Competencies of the approved authority (1) the approved authority has the following competencies: a) to ensure implementation of decisions on the application of protection measures, issued in compliance with art. 215 para. (2) of the Code of Criminal Procedure; b) to issue decisions on the application of protection measures; c) to identify solutions that are necessary and sufficient for the application of optimal protection measures; d) to develop the protection program jointly with the protected person; e) to develop the protection agreement, which the manager the approved authority and the protected per- son should sign; f) to organize a database related to the persons included in the program and to applied protection measures and to ensure the maximum security of confidentiality; g) to apply protection measures according to the protection program; h) to carry out other actions stipulated in the protection program; i) to apply, when appropriate, emergency assistance actions stipulated in this Law; j) to manage funds from the state budget and from external funds, which are needed for implementing the protection program. (2) if no other way exists to achieve its aims, the approved authority may change the identity of its staff members or the real estate items used by the staff while implementing certain measures pursuant to this Law. (3) The approved authority shall cooperate with witness protection authorities of other states; it shall ensure continuing training of its staff. (4) The approved authority shall issue internal documents related to database management, procedures for ensuring maximum confidentiality and data security and other documents aimed at efficient application of the protection measures. The internal documents developed by the approved authority should comply with universally recognized international documents, the Constitution of the Republic of Moldova and the Code of Criminal Procedure.
Article 7. Competencies of criminal investigation authority (1) The criminal investigation authority in legal proceedings can apply ex officio emergency measures or assistance measures as set forth in this Law, provided there is immediate or 24 hour notification given to the prosecutor and the approved authority.
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(2) When the need for application of protection measures is determined, the criminal investigation author- ity shall propose to the prosecutor to issue a decision on application of the respective actions.
Article 8. Prosecutor’s competencies (1) The prosecutor conducting the legal proceedings and the hierarchically superior prosecutor have com- petencies for the application of ex officio emergency measures and assistance measures as set forth in this Law, provided there is immediate or 24-hour notification given to the approved authority. (2) Upon the proposal of the criminal investigation authority or ex officio, the prosecutor conducting the legal proceedings or the hierarchically superior prosecutor shall issue a decision on the application of protec- tion measures according to art. 215 of the Code of Criminal Procedure.
Article 9. Competencies of the detention site management (1) The management of the detention site has the competency to apply emergency measures and assistance measures as set forth in this Law, provided there is immediate or 24 hour notification given to the approved authority. (2) The approved authority shall order protection measures of persons in detention, which will be carried out by the detention site management jointly with the Department for Penitentiary Institutions of the Ministry of Justice.
Chapter III PROTECTED PERSONS Article 10. Beneficiaries of the right to protection Persons listed in art. 2, item 1 have a right to protection.
Article 11. Rights of protected persons: Protected persons have the right to: a) request protection where reasonable grounds exist to believe that the person or his/her family members are threatened with death, violence, deterioration or destruction of property or other illegal action; b) propose to the representative of the approved authority the application of a certain protection measure; c) reject the application of a protection measure if it contradicts his/her moral or religious convictions or ethical norms; d) enter into a protection agreement; e) be informed about any protection measure that may be applied with respect to him/her and about his/ her rights and obligations.
Article 12. Obligations of the protected person (1) The protected person is obliged to: a) provide known information through statements or notifications submitted to the criminal investigation authorities or by giving testimony in court; b) comply with the protection measures included in the protection program and strictly observe them; c) refrain from disclosing data about protection measures or other data referring to the protection program mentioned in the protection agreement; d) refrain from any action that could endanger the implementation of the protection program, including communication with certain persons without the permission of the approved authority; e) inform the approved authority about any change that has occurred in his/her personal life, and about any new circumstances that could endanger the implementation of the protection program. (2) Additional obligations of the participant in the program may be included in the protection agreements by joint agreement of parties, when appropriate.
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Chapter IV EMERGENCY MEASURES, PROTECTION MEASURES AND ASSISTANCE MEASURES Article 13. Emergency measures (1) The criminal investigation authority or the detention site management may take emergency measures, calling for immediate security ensuring measures, with respect to the participant in criminal proceedings who is exposed to danger. (2) When emergency actions have been taken, the prosecutor conducting the legal proceedings or, when appropriate, the prosecutor supervising the law observance in the detention site, shall be notified immediately or within 24 hours. (3) The emergency actions, to be applied by the criminal proceedings authority with respect to the pro- tected person, are: a) assurance of a personal guard and guard for an apartment, residence or property; b) interception of his/her communication in accordance with the provisions of the Code of Criminal Procedure; c) supervision, using audio/video devices, in accordance with the provisions of the Code of Criminal Procedure; d) temporary relocation in a secure place; e) protection of movement or constraint of movement; f) provision of special active and passive means for personal protection; g) installation of special alarm equipment in the detention room. (4) Emergency measures to be applied by the detention site management with respect to the protected per- son are: a) placement in a specially arranged place; b) transfer to another detention site; c) transportation with the application of more rigorous protection measures. (5) When appropriate, the authority that takes emergency measures, may determine their duration. (6) The emergency measures may be taken individually or in combination with other measures and assis- tance actions.
Article 14. Protection measures (1) In criminal proceedings the following protection measures may be taken with respect to the protected person: a) protection of identity data; b) a hearing with the application of special means and methods; c) a change of residence, workplace or place of study; d) a change of identity, change of physical appearance; e) the installation of an alarm system in an apartment or residence; f) a change of telephone number; g) a guard for property. (2) Protection measures may be applied both individually and in combination with other measures, includ- ing assistance actions.
Article 15. Protection of the identity data of the protected person (1) Protection of identity data of the protected person shall be exercised by the non-disclosure of informa- tion related to the person. (2) The decision for application of the respective protection measures shall specify the proportion of non- disclosure of identity data and, when appropriate, the duration of such measures.
Article 16. Hearings for persons with special applications The hearing of a person with a special application shall be exercised in compliance with the provisions of art. 110 of the Code of Criminal Procedure.
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Article 17. Change of residence, workplace or place of study (1) A change of residence is the transfer of the person from his/her permanent residence to another location in the Republic of Moldova. Based on interstate agreements on international legal assistance in criminal mat- ters, the person may be transferred for residence in another country. (2) The person serving a privation of liberty penalty may be transferred to another penitentiary in the Re- public of Moldova or to a penitentiary in another country based on interstate agreements on international legal assistance in criminal matters. (3) When needed, the approved authority may propose to the person a change of workplace or place of study pursuant to the effective legislation. In such cases, the approved authority is obliged to help identify and provide such new workplace or place of study. (4) The conditions for change of residence, workplace or place of study shall be included in the protection agreement.
Article 18. Change of identity (1) A change of identity is changing the personal data and, when appropriate, modification of the social, legal, ethnic, etc. data. The protected person shall determine the amount of change in his/her identity. (2) The new identity may have no impact on the status of the person, nor may it affect any other social, cultural and political rights of the person. (3) Upon expiry of the application term for the protection measures, the person may assume the old iden- tity or may maintain the new one. (4) The protected person may not assume the initial identity, if his/her new identity has significantly af- fected the status of a third person through marriage, paternity, maternity, etc. (5) Change of identity may occur only when no obligation of the protected person exists with respect to third parties. If, upon application of this measure, it is determined that the protected person has certain ob- ligations with respect to third parties, which, while known to him/her, have not been communicated to the approved authority, the person shall be given a certain term to meet such obligations. If the person refuses to meet such obligations, he/she shall be granted other protection measures. (6) If the protected person has committed an offense before a change of identity, the approved authority shall ensure his/her attendance at court proceedings upon the request of the court with use of initial identity, while the court may use special means for hearing the person pursuant to art. 110 of the Code of Criminal Procedure. (7) Change of physical appearance is carrying out some surgery or other action, accepted by the protected person to modify some visible parts of the body. The change of appearance should not affect the cultural and religious convictions of the person. The measure shall be applied only when all the other measures are deemed inefficient and only with the consent of the protected person.
Article 19. Installation of an alarm system The installation of the alarm system means equipping an apartment, residence or other premises with de- vices that ensure the rapid warning of the approved authority and/or of the police about some imminent expo- sure of the person to danger.
Article 20. Change of telephone number (1) The change of the telephone number will be accomplished by changing the fixed or mobile telephone number of the protected person. (2) If the telephone number is changed, the name of the protected person may be deleted from the lists of the telephone operator by decision of the approved authority.
Article 21. Ensuring protection of property Protection of the protected person’s property will be accomplished by guarding the property and by other legal actions included in the protection agreement.
Article 22. Assistance measures The protection agreement may also include other assistance measures, such as:
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a) integration in another social environment; b) training for a new occupation; c) assurance of a decent income until a job is found; d) assistance in obtaining a new occupation; e) healthcare; f) legal assistance; g) psychological and social assistance.
Chapter V PROTECTION PROGRAM Article 23. Conditions for inclusion into a protection program (1) Inclusion of a person in a protection program will happen if all of the following conditions are met: a) a written application toward this end exists; b) the person has the qualities set forth in art. 2 para. 1 item (1); c) the person is exposed to danger as set forth in art. 2 para. 1 item (2); d) a justified decision of the prosecutor or a court decision exists regarding the application of protection measures, issued based on art. 215 of the Code of Criminal Procedure. (2) Inclusion in a protection program of a minor or a person with limited capacity is possible provided a written consent of his/her legal representatives exists.
Article 24. Commencement of the procedure for inclusion in a protection program (1) The person, who is exposed to danger may apply to the prosecutor conducting legal proceedings or, when appropriate, to the court, for inclusion in a protection program. (2) The prosecutor, or, when appropriate, the court, shall review the application in a confidential manner, and shall issue a decision on the application for protection measures. (3) Upon determining, ex officio, the exposure to danger, the prosecutor, or, when appropriate, the court, shall review the case in a confidential manner with participation of the person exposed to danger and shall is- sue a decision regarding application for protection measures. (4) When the prosecutor refuses to review the application for inclusion in the program or to issue a deci- sion regarding the application of protection measures, the person may appeal the refusal with the investigative judge. (5) When the court refuses to review the application for inclusion in the program or to issue a decision regarding application of protection measures, the person may appeal the refusal based on art. 453 para. (2) of the Code of Criminal Procedure. (6) The prosecutor or the court may recommend to the approved authority the application of some specific protection measures.
Article 25. Decision on the application of protection measures (1) The decision on the application of protection measures, issued by the prosecutor or by the court should include the following: a) personal data in compliance with art. 358 para. (1) of the Code of Criminal Procedure, which shall be applied accordingly. The criminal record shall be added to the data listed in art. 358 para. (1); b) reference to the existence of a written application of the person to be protected; c) the legal procedure status of the person or, when appropriate, the lack thereof; d) the description of the case, which is in the phase of criminal proceedings or in court; e) data and information provided by the person, their value as conclusive evidence, the circumstances by which the person obtained the data and evidence; f) data, which confirms the exposure to danger; g) the estimate of opportunities for recovering the damage incurred through the offense;
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h) data related to the financial condition of the person; i) recommendations regarding the application of some specific protection measures, when appropriate. (2) The prosecutor or the court may include in the decision other relevant data, as the case may require. (3) The decision on the application of protection measures shall be immediately sent to the approved au- thority within 24 hours at the latest and its execution is binding as provided in art. 215 of the Code of Criminal Procedure.
Article 26. Decision of the approved authority (1) The decision of the approved authority shall include: a) the date of issue of the decision on the application of protection measures; b) data related to the person included in the program; c) information on the essence of the case that is in criminal proceedings or in court; d) the possible danger to which the person is exposed and with respect to which protection measures are to be applied; e) protection measures which are to be applied. (2) The decision for application of protection measures with respect to a person exposed to danger shall be issued by the head of the approved authority within a reasonable time, but no later than within 30 days from the issue of the decision on the application of protection measures. (3) When the decision on the application of protection measures does not meet the requirements stated in this Law, the head of the approved authority shall request a correction of errors through a decision. The author- ity that has issued the decision is obliged to make corrections within three days.
Article 27. Protection agreement (1) Within three days from the issue of the decision, the head of the approved authority shall conclude a written agreement with the person exposed to danger. (2) When the family members of the protected person are also exposed to danger, the agreement is to be concluded individually with each person. (3) The person acquires the protected person status at the time the agreement is signed. (4) The protection agreement related to a minor is to be signed by the minor and by his/her legal representa- tive. When the representative refuses to sign or, if in some circumstances is unable to sign the agreement, it is to be signed by the representative of the tutorship or the curatorship authority. When the legal representative or the representative of the tutorship or curatorship authority has objections to the contents of the agreement, including, with respect to the protection measure, the agreement shall not be signed before the disagreement is resolved. In such cases, the approved authority may transfer the decision for the application of protection measures to the prosecutor or to the court. In all cases, the interests of the minor shall prevail. (5) The protection agreement shall include: a) general provisions on the parties to the agreement, date and place for signature; b) the applied protection measure and the conditions and duration of its application; c) the rights and obligations of the protected person established in compliance with art. 8; d) the obligations of the approved authority; e) the personal data or data about designated contact persons and the conditions under which such persons will operate; f) a clause stating that the agreement was signed in only one copy to be stored in the approved authority under conditions of maximum confidentiality. (6) If new elements emerge after conclusion of the criminal or court proceedings, a new decision may be issued as set forth in this Law, which may modify the existing protection agreement or conclude and create a new agreement.
Article 28. Protection program (1) The protection program shall be carried out using confidential methods and techniques developed within the approved authority.
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(2) The documents related to inclusion of a person in the program shall be stored under maximum confi- dentiality conditions.
Article 29. Termination of the protection program (1) The protection program shall cease in the event of any one of the following situations: a) the protected person submits a written application to this effect; b) the person refuses to give testimony in the criminal proceedings; c) the person gives false testimony in the criminal proceedings, which is confirmed by a final court decision of a conviction for false testimony; d) the protected person does not observe the obligations stated in the protection agreement; e) the circumstances that gave rise to the inclusion of the person in the protection program no longer exist; f) the protected person dies. (2) In the cases set forth in para. (1) above, the protection program shall terminate upon the issuance of a decision by the prosecutor or the court. (3) In the cases set forth in para. (1) a), d) and f) above, the protection program may terminate upon deci- sion of the head of the approved authority. (4) The prosecutor or the court shall notify the approved authority about the program termination decision immediately or within three days of issuing the decision. Under the circumstances set forth in para. (1) letter f), the application of the program with respect to family members may continue depending on circumstances of the case.
Chapter VI SUPERVISION OF EXERCISE OF PROTECTION MEASURES
Article 30. Supervision exercised by the prosecutor (1) the Prosecutor General and his/her deputies with special competence in this respect shall exercise the supervision of the criminal investigation by approved authorities that have the authority to apply emergency measures, protection measures and assistance measures. (2) The prosecutor with supervision authority has the right to access information, which is granted state secret status pursuant to the Law.
Article 31. Supervision exercised by the investigative judge (1) In the case set forth in art. 24 para. (4), and in other cases when it is believed that rights were infringed, the person may file a complaint with the investigative judge within 10 days. (2) The complaint shall be reviewed within 10 days in under confidentiality and in compliance with the provisions of art. 313 of the Code of Criminal Procedure. (3) The decision of the investigative judge will be binding on the approved authority, which has the right to apply emergency measures, protection measures and assistance measures.
Chapter VII NATIONAL AND INTERNATIONAL COOPERATION
Article 32. National cooperation (1) To ensure efficient witness protection, the approved authority shall cooperate with central and local public authorities, and with nongovernmental organizations. (2) Central and local public authorities shall comply with notification issued by the approved authority aimed at protecting some specific person. The implementation deadline shall be shown in the notification. In
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case the notification is impossible to perform, the respective authority shall notify the approved authority im- mediately or within 72 hours explaining why. (3) The nongovernmental organizations shall provide, within the limits of their authority, support in grant- ing efficient protection and assistance.
Article 33. International cooperation (1) International cooperation in the area of witness protection shall be carried out in compliance with the norms for international legal assistance in criminal matters. (2) The approved authority can conclude agreements to send a protected person to another country or to accept foreign persons in the territory of the Republic of Moldova based on reciprocal agreements between the Republic of Moldova and other states.
Chapter VIII FUNDS FOR WITNESS PROTECTION ACTIVITY Article 34. Expenses (1) The expenses for enacting this Law shall come from the state budget, from external sources and from programs for meeting the needs for the protection of witnesses. (2) The mode of funds management shall be determined by a regulation approved by the Government.
Chapter IX FINAL AND TRANSITORY PROVISIONS Article 35 (1) This Law will be enacted three months after its publication in Monitorul Oficial al Republicii Moldova. (2) On the day of the enactment of this Law, Law No. 1458-XIII of January 28, 1998 on State Protection of Damaged Party, Witnesses and Other Persons, which provide assistance in criminal proceedings with subse- quent ammendments, will be abrogated.
Article 36. Within three months, the Government shall: - submit to Parliament proposals for ensuring compliance of effective legislation with this Law; - approve the legal acts that are necessary for enacting this Law and ensure compliance of its legal acts with this Law; - ensure approval or review of the legal acts of other ministries and other central public authorities.
CHAIRMAN OF THE PARLIAMENT Marian LUPU Chişinau, May 16, 2008. No. 105-XVI. __________ Laws of the Republic of Moldova 105/16.05.2008 Law on Protection of Witnesses and other Participants in Criminal Proceedings//Monitorul Oficial 112-114/434, June 27, 2008
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14. Law on social aid No. 133-XVI of 13.06.2008 20.08.2009 ***
SUMMARY
Chapter I GENERAL PROVISIONS Article 1. Subject matter of the law Article 2. Purpose of the law Article 3. Basic terms Article 4. Scope of the law
Chapter II RIGHT TO SOCIAL AID, AMOUNT AND ORDER OF SOCIAL AID PROVISION Article 5. Right to social aid Article 6. Amount of social aid Article 7. Minimum guaranteed monthly income Article 8. Combined family income Article 9. Provision of social aid
Chapter III ORDER OF SOCIAL AID PAYMENT AND FUNDING Article 10. Payment of social aid Article 11. Modification of social aid amount Article 12. Cessation of social aid payment Article 13. Appeal Article 14. Social aid funding Article 15. Registration of social aid beneficiaries
Chapter IV LIABILITY Article 16. Liability for breaching the provisions of this law Article 17. Control over the correctness of determination of social aid and use of financial resources
Chapter V FINAL AND TRANSITIONAL PROVISIONS Article 18. Taking effect and transitional period
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The Parliament adopts this organic law.
Chapter I GENERAL PROVISIONS Article 1. Subject matter of the law This law regulates the legal framework for guaranteeing equal possibilities for disadvantaged families by granting social aid at a state-guaranteed level.
Article 2. Purpose of the law This law is aimed at ensuring a minimum monthly income guaranteed to disadvantaged families, by provid- ing social aid calculated based on the evaluation of the combined average monthly income of each family and the family’s need for social assistance.
Article 3. Basic terms In this law, the terms used shall have the following meanings: family – two or more persons, residing together and maintaining a joint household, regardless of whether they are related or not. Any adult, who is not part of a family, shall benefit of the rights of a family; applicant – one of the family members, with full legal capability, or the legal representative of the family, who files the application for social aid provision; social aid – monthly monetary payment, provided to the disadvantaged family; monthly minimum guaranteed family income – minimum calculated level of monthly income, guaranteed to each family by the state; average combined monthly family income (hereinafter - combined family income) – monthly average of the sum of means earned by the family; disadvantaged family – family, whose average combined monthly income is less than the minimum guar- anteed monthly income.
Article 4. Scope of the law This law covers families, whose members are citizens of the Republic of Moldova, citizens of other states, stateless persons or refugees, who have their domicile in the Republic of Moldova, in accordance with the law.
Chapter II RIGHT TO SOCIAL AID, AMOUNT AND ORDER SOCIAL AID PROVISION Article 5. Right to social aid (1) Disadvantaged families shall be entitled to social aid, where all adult members of the family fit into at least one of the following situations: a) have reached the age, required by law for the granting of pension; b) are persons with various degrees of disablement; c) are unemployed, duly registered by the territorial employment agency, in whose jurisdiction they are do- miciled and who do not refuse jobs or participation in employment stimulus services, offered by the agencies; d) have a child under 3 years of age in their care; e) take care of a family member/members with Ist degree of disability, who are in need of care in accordance with the conclusion of the Council for the Medical Expertise of Vitality, take care of a disabled child/children from the same family or of a person over 75 years of age from the same family, in accordance with the conclu- sion of the Consultative Medical Council. (2) The families, whose members earn wage incomes, either in full-time or part-time jobs, or incomes from entrepreneurial activities, may apply for being granted the right to social aid, on the condition that the other adult members of the family fit into the situations specified in par. (1).
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(3) Upon determining the existence of the right to social aid, there shall be excluded family members, who: a) are citizens of the Republic of Moldova, but do not have their domicile on its territory; b) serve a prison sentence; c) are enrolled in fixed-period military service; d) are on state maintenance.
Article 6. Amount of social aid The monthly amount of social aid shall be established as the difference between the minimum guaranteed monthly family income and the combined family income.
Article 7. Minimum guaranteed monthly income (1) The minimum guaranteed monthly family income consists of the aggregate of the amounts of minimum monthly incomes, calculated for each member of the family. (2) The amount of the minimum monthly income of each family member is determined as follows: a) 100% of minimum guaranteed monthly income for the applicant; b) 70% of the minimum guaranteed monthly income for every other adult member of the family; c) 50% of the minimum guaranteed monthly income for each child; d) additional 30% of the minimum guaranteed monthly income for each adult with a degree of disability; e) additional 50% of the minimum guaranteed monthly income for each disabled child; f) additional 10% of the minimum guaranteed monthly income, if the person with a degree of disability is the only adult in the family. (3) The level of the minimum guaranteed monthly income shall be established on a yearly basis in the Law on state budget.
Article 8. Combined family income (1) Upon calculating the combined family income, there shall be taken into account monetary revenues earned from paid labor, from all types of entrepreneurial activity, social insurance and social assistance al- lowances, revenues earned from exploiting agricultural lands and land plots, as well as other types of revenue, including revenue from owned assets. (2) Upon evaluating family welfare with a view to determining the social aid, there shall be taken into ac- count family composition, movable and immovable assets, which are owned by the family, together with a set of characteristics for welfare identification. (3) Ownership of certain movable and immovable assets, as well as certain characteristics of the family, expressed in points, shall be considered as indicators of welfare. (4) Where the score exceeds the established limit, the family shall not be eligible for the provision of social aid. (5) The order of evaluation of family welfare and the set of characteristics for evaluating family welfare, expressed in points, shall be approved by the Government. (6) Upon calculating the combined family income, there shall be taken into account the current revenues earned by its members.
Article 9. Determining social aid (1) Social aid shall be provided based on the application for the provision of social aid, filed by one of the family members with full legal capacity, appointed by the family, or, in cases provided by law, by its legal rep- resentative. (2) Social aid is established by the division/section for social assistance and family protection. (3) The division/section for social assistance and family protection performs a selective verification in ap- plicant’s home of the information contained in the application for social aid. (4) Social aid is granted for a period not exceeding 2 years and shall be reviewed upon any change that could influence the amount of the established social aid.
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(5) Social aid is granted starting with the month in which the application for provision of social aid was registered with the division/section for social assistance and family protection.
Chapter III ORDER OF SOCIAL AID PAYMENT AND FUNDING
Article 10. Payment of social aid (1) Social aid is paid on a monthly basis by the National Office for Social Insurance, through financial in- stitutions selected by tender. (2) Where the monthly calculated amount of social aid is less than 25 Lei, it shall be paid once in six months, where the payment shall comprise the amount of the social aid for the respective months. (3) The regulation on the order of establishing and paying social aid shall be approved by the Government.
Article 11. Modification of amount of social aid (1) The amount of social aid shall be modified in the following situations: a) change of the minimum guaranteed monthly family income; b) change of previously filed information. (2) The modification of the amount of social aid shall be performed by the division/section for social as- sistance and family protection.
Article 12. Cessation of social aid payment (1) Payment of social aid shall cease in the following cases: a) the family no longer fulfills the conditions provided by this law; b) the family changes its residence; c) the single person, who benefitted of social aid, is deceased or has been declared missing. (2) In cases provided by par. (1) a) and b), within 15 days as of the issuance of the decision, the division/ section for social assistance and family protection shall notify the beneficiary and the National Office for Social Insurance in writing about the cessation of social aid payment.
Article 13. Appeal The decision on provision or refusal to provide social aid, on its modification or cessation of payment, as well as the decision on recovery of amounts paid without grounds, may be appealed in the administrative court.
Article 14. Funding of social aid Social aid, established under this law, is funded from the state budget, by means of the state social insurance budget.
Article 15. Registration of social aid beneficiaries The records of social aid beneficiaries are kept by the division/section for social assistance and family pro- tection, the National Office for Social Insurance and the Ministry of Social Protection, Family and Child, by means of the creation of an automated informational system.
Chapter IV LIABILITY Article 16. Liability for breaching the provisions of this law (1) Non-compliance with this law shall be sanctioned as provided by law. (2) The applicant is bound to submit complete and truthful information to the authority establishing social aid.
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(3) Where incomplete or erroneous information is submitted or where no information is submitted with regard to the changes arisen as regards the structure or amount of income, which has influenced the amount of social aid, the beneficiary shall reimburse the entire amount, which had been paid to him without grounds.
Article 17. Control over the correctness of determination of social aid and use of financial resources (1) The control over the correctness of determination of social aid and appropriate use of allotted financial resources is performed by competent controlling authorities. (2) The verification of the truthfulness of information submitted for determining social aid is performed by the body, which establishes social aid.
Chapter V FINAL AND TRANSITIONAL PROVISIONS Article 18. Taking effect and transitional period (1) The provisions of this law are applied: a) for families with at least one member with a degree of disability – as of October 1, 2008; b) for families with one or more children – as of 1 January 2009; c) for other families – as of 1 July 2009. (2) Within 6 months as of the adoption date, the Government: a) shall submit to the Parliament proposals on bringing effective legislation into conformity with the provi- sions of this law; b) shall draft and approve normative acts necessary to regulate the mechanism for the implementation of this law; c) shall develop the legal framework and shall provide the necessary conditions for the creation in the Min- istry of Social Protection, Family and Child, of the Social Inspectorate, which shall evaluate and monitor the implementation of this law.
Speaker of the Parliament Marian LUPU
Chisinau, 13 June 2008. No.133-XVI.
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15. LAW on prevention and control of HIV/AIDS nr. 23-XVI of 16.02.2007 Monitorul Oficial nr.54-56/250 of 20.04.2007
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CONTENT
Title I GENERAL PROVISIONS Article 1. Scope and objectives of the law Article 2. Legal framework Article 3. Definitions
Title II PREVENTION FRAMEWORK Article 4. Framework of strategic prevention measures of HIV/AIDS infection Article 5. Education for HIV/AIDS prevention
Title III PREVENTION WORK AMONG GROUPS AT RISK Article 6. Family, children, youth and HIV/AIDS infection Article 7. HIV/AIDS prevention among injecting drug users Article 8. HIV/AIDS prevention among military forces Article 9. HIV/AIDS prevention in penitentiary institutions Article 10. HIV/AIDS prevention among immigrants, migrants, refugees and asylum seekers
Title IV VOLUNTARY COUNSELLING AND TESTING Article 11. Access to testing Article 12. Counseling and testing centers and laboratories Article 13. Consent for HIV testing Article 14. Confidentiality Article 15. Prohibition of mandatory HIV testing Article 16. Sentinel testing
Title V CARE AND TREATMENT Article 17. Medical surveillance Article 18. National protocols for treatment of PLHIV Article 19. Access to ARV and other forms of treatment Article 20. Palliative care of PLHIV Article 21. HIV/AIDS prevention for mother- to- child transmission
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Title VI PROHIBITION OF DISCRIMINATION
Article 22. Prohibition of discrimination at the workplace Article 23. Prohibition of discrimination in educational institutions Article 24. Restrictions to travel and habitation Article 25. Prohibition of discrimination in hospitals and health, public or private institutions Article 26. Prohibition of discrimination in accessing insurance, credit and loan services 2 Article 27. Retributions for violating the rights of HIV positive people
Title VII ACCESS TO LEGAL ASSITANCE FOR PLHIV AND THEIR RESPONSIBILITY
Article 28. Availability of legal support services and confidentiality of legal proceedings Article 29. The responsibility of HIV positive people
Title VIII PREVENTION OF NOSOCOMIAL INFECTING
Article 30. Ensuring the protection of patients Article 31. Ensuring the protection of medical workers Article 32. Access to post exposure prophylactic kits Article 33. Liabilities in case of nosocomial infecting
Title IX FINAL AND TRANSITORY PROVISIONS
Article 34. Final and transitory provisions Paliament adopts the present law.
Title 1 General Provisions Article 1: Scope and purpose of the law 1) The purpose of the present law is to provide an effective framework of legal relations regarding HIV/ AIDS infection aimed at decreasing vulnerability to infection, by stopping the exponential growth of HIV/ AIDS and reducing its impact by ensuring with medical, social, psychological care people living with HIV and their family members; by guaranteeing respecting their rights; as well as sustaining prevention and control ef- forts over this infection. 2) The present law has the following objectives: a) promotion of complex policies aimed at uniting the efforts of governmental, non governmental and international institutions, of PLHIV, of private entrepreneurs and individuals, as well as the application of a monitoring and evaluation system of prevention activities in the field of HIV/AIDS; b) application of prevention measures as part of a response system on the epidemic, based on informational activities for population (including groups at risk), directed towards increasing the level of knowledge of prob- lems pertaining to HIV/AIDS; c) exclude discrimination of people affected by the HIV/AIDS epidemic, guarantee respect for human rights in this context;
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d) development and improvement of programmes pertaining to child protection with the implementation of the educational system based on differentiated programmes, promotion of a healthy lifestyle, including a no-drugs lifestyle, HIV/AIDS prevention measures, as well as informing on problems of protection measures for HIV prevention, by stopping the phenomenon of becoming orphan as a result of AIDS caused death of one parent or both; e) ensure guaranteed access to medical and social care of PLHIV, including treatment, care and support; f) ensure safe conditions for provision of medical care, laboratory diagnosis, prevention of the risk of noso- comial and professional transmission.
Article 2: Legal framework (1) The legislation pertaining to the field of HIV/AIDS prevention includes the Constitution, the present law, other normative acts, as well as other international agreements and treaties to which the Republic of Mol- dova is signatory; (2) If the treaty or international agreement to which the Republic of Moldova is signatory establishes norms different than those of the present law, the former shall apply.
Article 3: Definitions For the purposes of the present law the following definitions shall apply: - HIV – Human Immunodeficiency Virus, which leads to the reduction and destruction of the immune system and provokes AIDS. - HIV-positive status – the presence of HIV markers in the human body, which testify the infection. - AIDS (Acquired Immune Deficiency Syndrome) – disease stage determined by HIV. - ARV treatment - antiretroviral drugs that slow down the replication and, therefore, the spread of the virus within the body. - Post Exposure Prophylaxis (PEP) - short-term antiretroviral treatment to reduce the likelihood of HIV in- fection after potential exposure, in professional services or through forced sexual intercourse/ in case of a rape. - Voluntary counselling and testing (VCT) – Includes both pre-testing and post-testing counseling, including counselling aiming at forming an informed consent to voluntary testing for HIV markers. - Confidentiality - protecting and upholding the right to privacy of an individual who undergoes HIV test- ing or is diagnosed to have HIV; - Country Coordinating Mechanism of national programmes on prevention and control of HIV/AIDS, sexu- ally transmitted infections and control of TB – functional intersectoral body which ensures the direction and monitoring of strategies and activities of national programmes on prevention and control of HIV/AIDS, sexu- ally transmitted infections and control of TB and grants of the Global Fund to combat AIDS, TB and Malaria, World Bank; - Universal standards of precaution – rules which foresee mandatory conditions to prevent infection with HIV virus through blood exposure and other biologic liquids for medical assistance and other services; - Substitution treatment – therapy using methadone maintenance treatment; - Palliative assistance – actions which combine a set of measures and treatments aimed at improving the quality of life of people living with HIV/AIDS; - Nosocomial infection – contracting the HIV-virus through interventions and medical instruments.
Title II PREVENTION FRAMEWORK Article 4: Framework of strategic prevention measures of HIV/AIDS infection (1) The framework of HIV/AIDS prevention measures is established based on the provisions of the current law, other normative acts based on the latter, as well as international treaties which Moldova is signatory; (2) The HIV/AIDS prevention and control programmes are integrated in the national development plan; (3) It is mandatory to promote greater involvement of PLHIV and NGOs from the field in the elaboration and implementation of National plan for prevention and control of HIV/AIDS infection and related programs,
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among which are training programs oriented towards prevention, treatment and care, legal and social assis- tance, including employment policies. (4) Raising public opinion awareness at national level, through extensive information, education and com- munication activities, mass media campaigns aimed at promoting safe lifestyles, health-seeking behaviour, non-discrimination, gender equality and compassion; (5) Education institutions will be ensured with informational materials regarding HIV transmission and promotion of non discriminatory and tolerant attitude towards PLHIV.
Article 5: Education for HIV/AIDS prevention (1) The State is responsible, at national level, for the elaboration and implementation of educational pro- grammes aimed at informing and educating children starting with 12 years old, teenagers and youth about safe and responsible behaviours. (2) HIV/AIDS prevention shall be mandatory incorporated in the life-skills based education course in- cluded in school, professional schools, university and post-university curricula, during official and less official education activities among institutionalized youth, youth with mental and physical disabilities, members of armed forces. (3) Training and promotion of activities related to HIV/AIDS safe and responsible behaviour, ensuring with informational materials the children outside educational institutions, is carried out in Youth Centers, Children Centers and other social oriented institutions. (4) It is compulsory for the Ministries and other central and local administrative authorities to develop and implement activities involving population, mass media resources, associations and other organizations for participation in education and information dissemination programmes about HIV/AIDS as part of medical assistance services, at the workplace and at home. (5) Education programmes are based on the principle of non discrimination, promotion of tolerance to- wards PLHIV, respecting and guaranteeing their rights.
Title III PREVENTION AMONG GROUPS AT RISK Article 6: Family, children, youth and HIV/AIDS infection 1) Children benefit of counselling adapted to their special needs. All confidentiality principles active for adults will be respected. 2) Children and youth affected by HIV/AIDS shall benefit of equal rights as their peers, benefiting of access to educational and HIV/AIDS prevention programmes, social assistance and legal protection, as well as care and treatment, which they require as a result of their status. 3) Children and youth affected by HIV/AIDS from medical, social, education and penitentiary institutions can not be discriminated with regards to their status. 4) Children and youth affected by HIV/AIDS, victims of human trafficking or sexual exploitation, are treat- ed accordingly. 5) HIV positive women benefit of free contraception methods, including voluntary sterilization based on informed consent subsequent to thorough counselling.
Article 7: HIV/AIDS prevention among injecting drug users (1) Ministries and other involved central administrative authorities, decentralized public sanitary services elaborate educational, medical and social programs for injecting drug users, aimed at reducing drug consump- tion, promoting HIV/AIDS prevention among IDUs and informing about the availability of voluntary confi- dential substitution treatment. (2) Ministries and other involved central administrative authorities, local public administrative authori- ties, decentralized public sanitary services implement educational, medical and social programs for injecting drug users, covering a large geographic territory with these programs, as well as ensure greater accessibility to prevention materials. (3) Harm reduction programs include education, prevention, awareness raising and counselling activities.
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(4) Substitution therapy employing methadone maintenance treatment is to be offered on voluntary and confidential basis to all persons asking for such treatment meeting the established selection criteria.
Article 8: HIV/AIDS prevention among armed forces The Ministry of Defense, Ministry of Interior, Border Guard Troops Department shall develop and imple- ment efficient HIV/AIDS prevention programmes through promoting safe and responsible behaviours, shall develop minimal knowledge standards and incorporate such awareness and prevention programmes in the regular staff military training.
Article 9: Prevention activities in penitentiary institutions The Ministry of Justice ensures: a) education and training of staff and inmates, with the purpose to develop skills and knowledge on HIV/ AIDS prevention, safe and responsible behaviors, pre and post voluntary testing, consent for HIV testing; b) harm reduction programs, among which providing bleach and needle exchange supported by free of charge condom distributions in all prisons; c) access to free of charge ARV treatment and treatment for opportunistic infections.
Article 10: HIV/AIDS prevention among immigrants, emigrants, refugees and asylum seekers (1) Ministries and other involved central administrative authorities, decentralized public sanitary services elaborate and implement prevention programmes aimed at developing minimum skills and knowledge on HIV/AIDS among immigrants, emigrants, refugees and asylum seekers and provide them with informational materials. (2) Ministry of Health, in partnership with other ministries and central administrative authorities organize HIV/AIDS prevention activities, provide social and material assistance to immigrants, emigrants, refugees and asylum seekers. (3) Immigrants, emigrants, refugees and asylum seekers benefit of ARV and treatment of opportunistic infections according to the legislation in force.
Title IV VOLUNTARY COUNSELLING AND TESTING Article 11: Access to testing (1) Citizens of the Republic of Moldova, foreign citizens and stateless persons who live or temporarily reside on the territory of the Republic of Moldova shall have the right to a medical test free of charge (anonymously) with the aim to determine as early as possible HIV virus or AIDS epidemic. (2) Testing for HIV markers shall be performed according to the standards and rules for testing, developed and approved by the Ministry of Health in accordance with the present law and upon individual request.
Article 12: Counseling and testing centers and laboratories (1) Pre and post-test to HIV counseling services are conducted in public or private medical sanitary institu- tions accredited and empowered accordingly, as well as by health services for youth certified according to law. Counselors shall be competent enough to meet Ministry of Health standards. (2) Testing to HIV markers is conducted by public medical sanitary institution’s laboratories and by those of Centers of Preventive Medicine of the Ministry of Health accredited accordingly to law.
Article 13: Consent for HIV testing (1) All HIV tests shall be done upon written voluntary and informed consent of the individual. (2) In case of minors, a written informed consent shall be obtained from his/her legal guardian as well as from the child. In case such a written consent cannot be obtained from the legal guardian of the minor, and the test is considered to be in the most interest to the individual, the test can be performed only with voluntary written consent of the minor. (3) The written consent of the mentally incapacitated individual is a precondition for HIV testing.
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(4) For those in the ward of the state, the legal guardian shall bear responsibility for the decision to take HIV test.
Article 14: Confidentiality (1) The right to confidentiality is guaranteed in case an individual undergoes HIV testing or is diagnosed to have HIV. (2) The result of HIV test shall be confidential and shall be released only to the following: a) Person who was tested; b) Parent or legal guardian of a minor who was tested; c) Legal guardian of a person with mental disabilities; d) Head of medical-sanitary institution, where markers to HIV were collected e) Head of public medical-sanitary institution in residential area of the person who have been tested (family doctor); f) Judge that has issued a court order in the conditions described in article 15 below. (3) People diagnosed as HIV positive should be informed in written form by the medical-sanitary insti- tutions on the need to follow the rules for prevention of HIV/AIDS transmission, as well as on the criminal charges for willingly endangering with contamination or for willingly infecting other persons. (4) Any person with HIV shall disclose his/her HIV status and health condition to his/her spouse or sexual partner. (5) Healthcare professionals may notify wife/husband or partner(s) of their patient’s HIV status only if they examine circumstances of each individual case, carefully considering medical ethics and patient-doctor confi- dentiality standpoint, so require, and if the following criteria are met: a) the HIV-positive person has received adequate counseling services; b) counselling of the HIV-positive person has failed to achieve appropriate behavioral changes, aimed at reducing the danger of HIV transmission; c) the HIV-positive person has refused to notify, or give consent to the notification of his/her wife/husband or partner(s); d) a real risk of HIV transmission to the partner(s) exists; e) the advance notice given to HIV positive person to announce his/her status has expired. (6) The medical personnel and other people, who have access to information regarding HIV medical tests and results (AIDS disease) due to their job responsibilities, shall keep such information confidential. Disclo- sure of such information shall be punished by the legislation in force.
Article 15: Prohibition of mandatory HIV testing (1) Policies calling for mandatory testing as precondition for employment, travel, access to medical services, and admission to education institutions are prohibited, except for the cases set in the legislation in force. All forms of hidden HIV testing are prohibited. (2) The following cases refer to compulsory HIV testing: a. Donations of blood, liquids, tissue and organs; b. Upon a court order when a person is charged with the crime of willful transmission of HIV or rape, and when the person responsible for this does not give consent for testing after benefiting of thorough counselling.
Article 16: Sentinel testing (1) Sentinel surveillance is the testing of HIV on blood specimens drawn and collected for another legiti- mate purpose in selected populations, such as pregnant women, IDUs, prisoners, commercial sex workers, with the purpose to determine HIV epidemic trends associated with specific risk behaviours or practices. (2) Before testing, all information which could identify the individual being tested shall be excluded. Public health authorities shall be informed on the number of HIV cases and not on any other information.
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Title V CARE AND TREATMENT
Article 17: Medical surveillance HIV-positive and AIDS affected individuals are subject to medical surveillance.
Article 18: National Protocols for Treatment of PLHIV (1) National Protocols for Treatment of PLHIV and affected by AIDS are developed and approved by The Ministry of Health. The National Protocols shall ensure the accessibility of basic hospital and drugs services. (2) The services shall include: a) diagnosis and treatment of HIV/AIDS, opportunistic diseases, sexually transmitted infections, other in- fections and complications; b) laboratory services; c) emergency treatment; d) psychological assistance; e) social assistance; f) palliative care.
Article 19: Access to ARV treatment and other forms of treatment (1) The State shall ensure universal access of all PLHIV to ARV treatment and treatment of opportunistic infections, based on clinical and immunological indications free of charge through the National Programme on Prevention and Control of HIV/AIDS and STIs. (2) PLHIV and AIDS affected people benefit of primary medical assistance based on the common manda- tory insurance services package according to the legislation in force.
Article 20: Palliative care of PLHIV (1) The Ministry of Health develops standards on palliative care for patients in hospitals and at-home. (2) Ministry of Health and Ministry of Social Protection, Family and Child coordinate at national level pal- liative care services. (3) Doctors inform PLHIV families on palliative care, at request.
Article 21: HIV/AIDS prevention for mother- to- child transmission (1) All pregnant women shall have access to free voluntary counselling and testing to HIV; (2) HIV positive women and their children shall have full access to free of charge ARV treatment; (3) All children born from HIV positive mothers shall be provided with artificial milk formula.
Title VI PROHIBITION OF DISCRIMINATION Article 22: Prohibition of discrimination at the workplace (1) Any form of discrimination based on HIV positive status, at any stage of employment, including hir- ing, promotion or assignment, both in private or public field, including appointment in public positions, is prohibited. (2) HIV positive persons already employed by any public or private company shall be entitled to the same employment rights, benefits and opportunities as other employees. (3) Dismissal from work on the basis of HIV status is prohibited. (4) A list of jobs and professions which cannot hire HIV-positive individuals shall be approved by the Min- istry of Health and Ministry of Social Protection, Family and Child;
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(5) Victims of discrimination are entitled to appeal to a court of law for imposing retributions on respon- sible parties. (6) Depending on the stage of the infection, PLHIV or people affected by AIDS benefit of free professional orientation or reorientation services, according to legislation.
Article 23: Prohibition of discrimination in educational institutions 1) No educational institution shall refuse admission to any prospective student or discipline; segregate, deny participation to activities, including sport ones, deny benefits or services to; or expel any current student on the basis of his/her HIV positive status. 2) Discrimination of PLHIV relatives or partners is prohibited.
Article 24: Restrictions on Travel and Habitation 1) Entrance into the Republic of Moldova for a period longer than 3 months is permitted only upon submis- sion of a medical certificate with a negative HIV test. 2) A person who has not undertaken such a test shall present himself in a period of 10 days from his arrival in the Republic of Moldova to the relevant medical institutions to be tested for HIV. Consequently such proce- dure shall be performed once a year 3) The person in charge, the entrepreneur or an individual person who is hosting the foreign citizen shall be responsible under the law for verifying the possession of a medical certificate for HIV test, and in case the foreign citizen does not have such a certificate, the host shall be responsible for assisting him to access the rel- evant medical institution in order to perform an HIV test.
Article 25: Prohibition of discrimination in hospitals and health institutions either public, depart- mental or private 1) Each individual shall have equal access to medical services, regardless of perceived or actual HIV status. 2) No hospital or other health institution, private, departmental or public, shall deny access to health care services to PLHIV or those perceived or suspected to be HIV-infected, nor charge the said persons higher fees.
Article 26: Prohibition of discrimination in accessing credit, insurance and loan services All credit, loan or insurance services (health, accident, life etc.) access shall not be denied to a person on the basis of his/her HIV positive status. These people shall not conceal or misrepresent his or her HIV status to the insurance company upon application. Extension and continuation of credit and loan shall likewise not be denied solely on the basis of said health condition.
Article 27: Retributions for violating the rights HIV positive people Violation of the rights of people living with HIV, on behalf of heads of enterprises with any form of propri- ety or company type, educational institutions, private, public and departmental sanitary-medical and health institutions, as well as infringement of PLHIV interests shall be punished according to the existing legislation.
Title VII ACCESS TO LEGAL ASSITANCE FOR PLHIV AND THEIR RESPONSIBILITY Article 28: Availability of legal support services and confidentiality of legal proceedings (a) HIV positive people benefit of free legal assistance upon request for filing suit with respective complaint units or filing suit in front of a court of law. Legal assistance in court is free of charge. (b) All court and public administration authorities’ sessions involving people infected with HIV shall be secret, at the latter request.
Article 29: The responsibility of HIV positive people 1) HIV-positive people shall act responsibly to protect their personal state of health and prevent HIV trans- mission.
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2) A person aware of his/her HIV status and knowingly endangering the contamination of another person can be charged with a criminal offence.
Title VIII PREVENTION OF NOZOCOMIAL INFECTING Article 30: Ensuring the protection of patients The heads of private, public and departmental medical and sanitary institutions are required to ensure the adequate conditions to prevent the infection of patients with HIV: (a) During laboratory and medical tool examination, including testing for HIV, surgical, gynecological, dental interventions, medical procedures and instruments; (b) Through blood transfusion, blood components and eradicators.
Article 31: Ensuring the protection of medical workers 1) The Ministry of Health shall develop universal precaution measures for prevention of infection. 2) Following universal standards mentioned in point (1) is a mandatory condition for medical assistance services, for other services which involve exposure to blood and other body fluids. 3) Training of medical personnel in this field shall be performed by the administration in public medical institutions and by the patron of private institutions. 4) Availability of the necessary inventory (disposable syringes, sterilisers, cleaning utensils, gloves) are a precondition for the accreditation and re-accreditation of the respective institutions.
Article 32: Access to post-exposure prophylactic (PEP) kits Victims of rape and those exposed through occupational exposure to HIV shall have access to free-of- charge post-exposure prophylactic (PEP) kits in all public medical institutions.
Article 35: Liabilities in case of nosocomial infecting 1) The citizens of the Republic of Moldova who have been infected as a result of blood transfusions, medical interventions and tools are guaranteed a handicap pension caused by work accident; 2) Moral and materials damages shall be compensated to the infected person by the medical institutions where the infection occurred; 3) Contraction of the HIV virus by medical personnel as a result of professional activity is considered a professional illness.
Title IX FINAL AND TRANSITORY PROVISIONS Article 34. The Government: a) Shall present the Parliament proposals on amending the existing legislation in accordance with the present law; b) Shall ensure the revision and abrogation by all ministries and departments of all normative acts, which are not in accordance with the present law; c) At the date the current law enters into force, Law nr. 1460-XII as of May 25 1993 regarding the prevention of AIDS is abrogated.
Chisinau, 16 February 2007 Nr. 23-XVI
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16. DECISION OF THE PLENUM of the Supreme Court Of Justice of the Republic of Moldova on application of legislation concerning trafficking in human beings and trafficking in children No. 37 of November 22, 2004
Bulletin of the Supreme Court of Justice of the Republic of Moldova, 2005, No. 8, page 4
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Trafficking in human beings, in its various forms, including trafficking in children, comprises dangerous crimes that essentially lead to the violation of personal rights and freedoms. In order to ensure correct and uniform application of legislation concerning trafficking in human beings, while being aware of the increased social danger of such crimes and reasoning from the need to protect the legal personal rights and interests, based on Article 2 let. e), Article 16 let. d) of the law on the Supreme Court of Justice and Article 39 of the Code of criminal Procedure, by means of this decision, the Plenum offers the following explanations: 1. In the meaning of Articles 165, 206 of the Criminal Code, in the light of international legislation in this area, specified in the annex, which is an integral part of this decision, the Plenum explains the meaning of the following terms and expressions: a) “Trafficking in human beings” means the recruitment, transportation, transfer, harboring or receipt of a person for the purpose of sexual commercial or noncommercial exploitation, through forced labor or services, in slavery or in conditions similar to slavery, use in armed conflicts or in criminal activity, removal of organs or tissues for transplantation, performed through: threat with the use or actual use of physical or mental violence not dangerous to the life and health of the person, including kidnapping, seizure of documents and bondage, aimed at the repayment of a debt, the amount of which is not reasonably established; deceit; abuse of the vulnerable condition or abuse of power, offering or acceptance of payments or other benefits in order to obtain the consent of a person detaining control over another person, with the use of violence dangerous for the life and physical or mental health of the person; torture, inhuman or degrading treatment, in order to ensure the obedience of the person, or rape, taking advantage of physical dependence, use of arms, threat of disclosure of confidential information to the family of the victims or to other persons, as well as through other means; b) „Child trafficking” means recruitment, transportation, transfer, harboring or receipt of children, as well as the offering or acceptance of payments or other benefits in order to obtain the consent of a person detaining control over the child, with a view to: sexual commercial or noncommercial exploitation, through prostitution or in the pornographic industry; exploitation through forced labor or services; exploitation in slavery or in conditions similar to slavery, also in cases of illegal adoption; use in armed conflicts; use in criminal activity; removal of organs or tissues for transplantation; abandonment abroad. The same actions, accompanied by: use of physical or mental violence against the child; sexual abuse of the child, his/her sexual commercial or non- commercial exploitation; subjecting the child to torture, inhuman or degrading treatment, in order to ensure his/her obedience, or accompanied by rape, profiting of the child’s condition of physical dependency, use of arms, threat of confidential information disclosure to the family of the child or to other persons; exploitation in slavery or conditions similar to slavery; use of the child in armed conflicts; removal of organs or tissues for transplantation. c) Upon qualifying the actions of the perpetrator based on Articles 165 and 206 of the Criminal Code, the consent of the victim as to his/her recruitment, transportation, harboring or receipt, shall not be held account of, even if the victim had been informed about the aims to which he/she was to be used, as well as about the means employed in trafficking; d) The recruitment, transportation, transfer, sheltering or receipt of a child, for the aims specified in Ar- ticle 206 CC, shall be deemed “trafficking in human beings”, where neither of the specified means had been employed; e) The term “child” shall mean any person under the age of 18 years;
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f) “Victims of trafficking” are persons who have suffered, either individually or collectively, damage, in- cluding physical or mental injuries, material or moral losses, essential violations of their fundamental rights and freedoms, through acts or omissions specified in letters a) and b) of this item. 2. The provisions of Articles 165 and 206 CC set out the following criminal actions: a) recruitment; b) transportation; c) transfer; d) harboring; e) receipt of a person. 2.1. Such actions are committed with an aim of: a) sexual commercial or noncommercial exploitation; b) forced labor or services, in slavery or conditions similar to slavery; c) use in armed conflicts or in criminal activity; d) removal of organs or tissues for transplantation. 2.2. Actions specified with regard to child trafficking are also performed with an aim of: a) prostitution or use in the pornographic industry; b) illegal adoption; c) abandonment abroad. 2.3. The said criminal actions are committed by employing the following means: a) threat with application of physical or mental violence, not dangerous to the life and health of the person, including kidnapping, seizure of documents, bondage aimed at the repayment of a debt, the amount of which is not reasonably established; b) deceit; c) taking advantage of vulnerability condition or abuse of power; d) offering or receipt of payments or benefits in order to obtain the consent of a person detaining control over another person; e) application of violence dangerous to the life, physical or mental health of a person; f) torture, inhuman or degrading treatment, in order to ensure the person’s obedience, or rape, taking ad- vantage of physical dependency, use of arms, threat of confidential information disclosure to the victim’s family or to other persons, as well as other means; In order for the actus reus of trafficking in human beings to be deemed as existing, it is sufficient for at least one of the above-mentioned criminal actions (inactions) to have taken place, with at least one of the aims enu- merated and at least one of the specified means to have been employed. 3. Upon construing trafficking actions the following explanations must be taken into account: 3.1. Recruitment aimed at trafficking human beings implies involving persons through selection into a certain activity, determined by the aims provided in Articles 165 and 206 CC. The circumstances, in which recruitment occurred, are irrelevant, whether this happens in recreational places, unconventional networks, by offering jobs or opportunities for study, by pro forma marriage etc. The means for recruitment may be constraint, kidnapping, total or partial deceit, etc. 3.2. Transportation is the shift of a person from one place to another within one state or by border-crossing, by using various transportation means or on foot. 3.3. Transfer of a person is the transmittal of the victim from one person to another through sale and purchase, exchange, rent, concession against a debt, donation and other similar transactions, with or without reward. 3.4. Harboring of a victim is his/her placement in a hidden place, in order not to be detected by the repre- sentatives of state bodies or third parties, who could denounce the act of trafficking. 3.5. Receipt of the victim is the trafficked victim’s taking over by another person from the person, who con- veyed him/her through sale and purchase, exchange, rent, concession against a debt, donation and other similar transactions, with or without reward. 4. The aims specified in Articles 165 and 206 CC shall be construed as follows:
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4.1. Sexual exploitation means forcing the person to engage in prostitution or other actions of a sexual character. Commercial sexual exploitation means profit-bringing activity, which results in the increase of the assets of the perpetrator or of other persons, expressed in the use of the victim, through constraint to engage in pros- titution or in the pornographic industry. Noncommercial sexual exploitation means such activity, which has no direct impact on the assets of the perpetrator or of other persons, expressed in marriage (including polygamous marriage), cohabitation and other such forms of living together, etc. 4.2. Exploitation through forced labor or services, as provided by the Convention on forced or compul- sory labor of the International Labor Organization, means: a) constraining the victim to perform work, which he/she would have not performed of his/her own initiative; b) to bring the victim into a condition of perform- ing work, which he/she was not bound to perform; c) keeping a person in bondage for repayment of a debt; d) obtaining performance of work or services through deceit, constraint, violence or threat of violence; 4.3. Slavery is the state or condition of a person, over which one or all powers, deriving from the right of ownership, are exercised; Conditions similar to slavery mean bringing or keeping a person in such condition, where another person has mastery over him/her or where he/she is compelled, through the use of force or constraint, deceit or threat of violence, to render certain services, including engaging or remaining in relations of cohabitation or marriage; 4.4. Use of victim in armed conflicts means his/her forced engagement in military actions; 4.5. Use in criminal activity means forced engagement in committing deeds that constitute crimes; 4.6. Removal of organs or tissues for transplantation takes place in the case of concussing the victim for the removal of organs, tissues or other elements of the human body for transplantation, in breach of the Law on transplant of human organs or tissues (Official Monitor of the Republic of Moldova No. 94-95/474 of 26.08.1999); 4.7. Child’s abandonment abroad, provided in Article 206 CC, means child’s dereliction on the territory of a foreign state and failure to return him/her to the territory of the republic of Moldova. Abandonment may take place as a consequence of illegal removal of the child from the Republic of Moldova. 5. The means of performance of trafficking in human beings shall be construed as follows: 5.1. Physical violence not dangerous for the life and health of the person is the deliberate causation of cor- poreal injuries, which do not result in short-term health disturbance or an insignificant, but stable disturbance of labor productivity, or the deliberate battery or committal of other acts of violence, which have caused physi- cal pain, where these have not posed a threat to the life or health of the victim. Norms are provided by the Regulation on medico-legal estimation of gravity of bodily injuries (Official Monitor of the Republic of Moldova No. 170-172 of 08.08.2003). 5.2. Mental violence consists of a mental threat towards a person, under which the victims cannot direct their will freely, and perform actions at trafficker’s will. 5.3. Violence dangerous for the life and mental or physical health of a person means deliberate grave or medium injury, provided by Articles 151 and 152 CC. Where the violence exercised in connection with trafficking in human beings consists in the deliberate grave injury of body integrity or health, the acts shall qualify as cumulative crime, under Article 165 or, as the case may be, Articles 206 and 151 of the Criminal Code. Such dangerous actions as those mentioned above are injuries, which are dangerous for the life of the vic- tim, by themselves, at the very moment of their infliction, or which may bring or actually bring to the victim’s death, according to their usual evolution, if left unattended. 5.4. The kidnapping of a person implies actions contrary to the wish or the will of the victim, accompanied by change of his/her residence or temporary whereabouts, accompanied by victim’s confinement. The capturing, forced change of residence, accompanied by the victim’s confinement, constitute mandatory elements as means of committing human trafficking through kidnapping. The kidnapping of a person implies the existence of the following successive stages: a) capturing the victim; b) taking the victim and transferring him/her from his/her permanent or temporary whereabouts (place of living, working, resting, treatment etc);
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c) person’s confinement against his/her will or by disregarding his/her wishes. 5.5. Seizure of documents means depriving the victim of his/her identity, travel and other documents (passport, identity card, residence permit, travel documents etc.). 5.6 Bondage (state of dependency) means the situation when the victim is confined, including deprivation of the freedom of movement, taken as hostage, until he/she or a third party repays a debt, either legally or il- legally established. 5.7. Deceit consists in misleading of and causing damage to a person by representing sham or distorted facts as true, with the aim to accomplish trafficking in human beings for oneself or for another person. Deceit as means of committing a crime may consist either of actions, by communicating false information on certain circumstances or facts, or of inactions that reside in holding back real circumstances or facts (for instance, false promises to offer a legal job, dissembling the real conditions, in which the victim is forced to work etc.). 5.8. Taking advantage of vulnerability condition (Article 165 para.(1) let.c) consists of trafficker’s taking advantage of the special state in which a person finds himself/herself, as a result of: a) an insecure situation from the viewpoint of social survival; b) a condition due to pregnancy, illness, infirmity, physical or mental disability; c) an insecure and illegal situation in connection with entering or residing in a transit or destination coun- try. The state of vulnerability may be conditioned by various factors: the victim’s isolation, his/her difficult ma- terial or mental state, family problems or the lack of social resources etc. The abuse of the state of victim’s vulnerability is an element of trafficking. The victim’s state of vulnerability shall mean any kind of vulnerability: mental, affective, family, social or economic. It encloses the range of des- perate situations that may make a human being accept his/her own exploitation. 5.9. Abuse of power is the exaggerated use by a special subject – responsible person, representing the public authority – of his/her powers, he/she has been vested with by law. In such case there is no need for supplemen- tary qualification under Article 327 of the Criminal Code. 5.10. Offering or receiving payments or benefits, in order to obtain the consent of a person holding control over another person consists of an understanding between the persons mentioned, interested in ob- taining the consent regarding the transfer of the victim and his/her use for the ends mentioned in Articles 165 and 206 CC. A person holding control over another person is such a person that legally or illegally keeps under control the victim’s activity and profits by such power in the process of trafficking. 5.11. The term “torture”, as a means of trafficking, consists of any acts, by which strong suffering or intense physical or mental pain is caused to a person. Torture is deliberate causation of strong suffering or great physical or mental pain, for the aims specified above. The distinction between torture and other form of maltreatment must be made in accordance with the in- tensity of the pain caused. The gravity or the intensity of pain caused may be determined by several factors: du- ration; physical or mental consequences; sex, age and victim’s state of health; means and manner of execution. Physical and mental violence caused to a person, considered in its entirety, may qualify as acts of torture in the meaning of Article 165 CC, where it caused grave pain or suffering and has been extremely rough and cruel (deprivation of sleep, food and water, thermic or chemical burns, intimidation, deprivation of medical help, of toilet facilities etc.). Torture is an aggravated and deliberate form of inhuman and degrading treatment. Inhuman treatment in the meaning of Article 165 CC is a totality of operations applied to a person, aimed at obtaining his/her obedience. Inhuman treatment is any treatment, other than torture, which is likely to cause deliberately terrible physical or mental suffering, which cannot be justified. Degrading treatment is any treatment, other than torture, which gravely humiliates a person in front of other persons or forces him/her to act against his/her will and conscience, or which is likely to cause feelings of fear, inferiority or anxiety to the victim, to abase and break down his/her physical and moral resistance, in order to ensure victim’s obedience.
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5.12. By use of rape in human trafficking one understands attempting by the trafficker at the social relations concerning sexual liberty and inviolability of a person, regardless of gender, with the aim to exploit human be- ings. Such actions do not require additional qualification under Article 171 of the Criminal Code. Sexual abuse of a child means violent actions of sexual character, constraint to actions of sexual character, perverse actions and other such acts, which do not require additional legal qualification under Articles 172, 173, 175 CC. 5.13. Physical dependency means the physical or mental state which results from the interaction of the victim’s body with narcotic or psychotropic substances, characterized by alterations of behavior and other reac- tions, always accompanied by the need to use such substances continuously or periodically, in order to experi- ence the mental effects and, sometimes, to avoid suffering. 6. According to paragraphs (2) and (3) of Articles 165 and 206 CC, criminal liability may ensue, where the provisions of paragraphs (1) of these Articles are accompanied by the respective qualifications. 6.1. The crime shall be deemed repeated where two or more crimes of trafficking were committed by a person, who has not been convicted, and the term of limitation for criminal accountability had not expired Any other persons participating in the committing of a crime appear as organizers, instigators, accomplices and co-authors. 6.2. Human trafficking is deemed to have been deliberately committed with regard to a pregnant woman, where the perpetrator knew about the victim’s pregnancy. Where the trafficker did not know at the time of committal that the victim was pregnant, such acts, commit- ted in the absence of other aggravating circumstances, must qualify as ordinary trafficking in human beings. 6.3. Use of arms in the meaning of letter f) para.(2) of Article 165 consists in the use of any arm, including fire-arms, cold steel or other forms of arms, since the legislator did not specify the type of arm employed. The use in human trafficking of other objects, employed as arms, may not serve as grounds for aggravating criminal liability under para.(2) of Articles 165 and 206 CC. By use of arms one must understand their use with a view to the destruction of the victim or the persons try- ing to free the victim (targeted shots, stab with cold steel, demonstrating an arm with the aim of intimidation, setting an arm against the victim’s throat, shooting a gun in the immediate vicinity of the victim etc). 6.4. Threatening with confidential information disclosure consists of the use of certain confidential data for intimidation of the victim, as a mechanism of control over him/her (threatening a person to disclose inti- mate information to his/her family etc.). 6.5. Organized criminal group or criminal organization, as provided in para.(3) of Article 165 CC, is deemed the criminal association that encompasses the specifics provided in Articles 46 and 47 CC. Under the UN Convention on transnational organized crime, of November 15, 2000, an organized criminal group is the structured group of 3 and more persons, which functions for a certain amount of time and acts in order to commit one or several grave crimes, defined by the Convention, with the aim to obtain, directly or indirectly, pecuniary benefits or any other material benefits. 7. Any form of participation in human trafficking shall be incriminated in accordance with the provisions of Chapter IV of the Criminal Code, General Part. 8. The preparation and attempt of committing trafficking in human beings shall qualify in the light of Ar- ticles 26 and 27 of the Criminal Code. 9. Where other acts attempting at other social relations have been committed at the same time with human trafficking, and they do not qualify under Articles 165 and 206 CC, such actions shall be qualified separately, as cumulated offences, including trafficking. 10. Human trafficking, as well as child trafficking, are deemed as formal crimes and are considered consum- mated as of the committal of any action specified by Articles 165 and 206 CC, regardless of the occurrence of damaging consequences. 11. The subjective aspect of human trafficking is direct intention. 12. The subject of crimes provided by Articles 165 and 206 CC shall be any natural person of sound mind, over the age of 16 years. The special subject of the crime provided by Article 206 CC is the person of sound mind, who has the child entrusted for care or supervision at the moment of committing crimes provided in para.(1) letter g) – abandon- ment of child abroad.
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13. The legal object of the crime provided by Article 165 CC consists of the social relations, the normal development of which depends on the liberty of a person. 14. The legal object of the crime provided by Article 206 CC consists of the social relations concerning the normal physical and mental development of the child and his/her personal liberty. 15. Under Article 220 CP pimping implies unlawful actions of the pimp, who mediates prostitution in order to gain personal material benefits from such occupation. Such activity is accomplished through: a) abetment or prompting to engage in prostitution; b) facilitating engagement in prostitution; c) taking advantage from engagement in prostitution; d) recruitment of persons for engagement in prostitution. In the case of pimping, the prostitute is not a victim. In such a case, there are certain voluntary relations between the pimp and the prostitute. Pimping is a crime against public health and social cohabitation. This is how pimping should be distin- guished from trafficking in human beings. 16. Distinguishing human and child trafficking from illegal border-crossing lies in the object of such of- fences and, namely, illegal border-crossing violates the normal activity of public authority and state security, while trafficking is a crime against a person. The objective side of illegal border-crossing, in the meaning of Article 362 CC, consists of the illegal border- crossing of the state (guarded) frontier, on land, water or by air, without necessary documents, required permis- sion or in unauthorized places. In the case of trafficking, the transfer of persons across the border may take place either legally or illegally. 17. Under Article 23 of the Criminal Procedure Code, courts shall undertake concrete actions, based on law, to ensure the rights and protection of the victim, taking into account the specifics of examination of crimi- nal cases concerning trafficking in human beings, the need to impede the re-victimizing of the person by tact- fully offering him/her the help required, and by being aware of the need of psychological, medical and social rehabilitation from the traumatic stress. The law enforcement bodies and courts must undertake adequate measures in order to ensure the security and efficient protection of the victim and witnesses from repressions and possible intimidation and avoid the influence of traffickers on such persons. Legal assistance to the victim shall be ensured by an appointed attor- ney, where needed. 18. Appeal and cassation courts must undertake necessary measures as regards the improvement of admin- istration of justice in cases of human trafficking and the remedying of possible non-administration of justice.
Chairman of the Supreme Court of Justice Valeria Şterbeţ
Chisinau, November 22, 2004 No. 37
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17. GOVERNMENT Decision No. 472 of 26.03.2008 on approval of nominal composition of the National Committee on Combating Trafficking in Human Beings, Regulation of the National Committee and National Plan for Prevention and Combating Trafficking in Human Beings for 2008-2009 Published: 04.04.2008 in Official Gazette No. 69-71, art. No. 453 Under the Law No. 241-XVI of 20 October 2005 on Prevention and Combating Trafficking in Human Be- ings (Official Gazette of the Republic of Moldova, 2005, No. 164-167, art.812), the Governments decides on the following: It is approved : Nominal Composition of National Committee on Combating Trafficking in Human Beings, according to Annex No. 1; The Regulation of the National Committee on Combating Trafficking in Human Beings, according to An- nex No.2; National Plan for Prevention and Combating Trafficking in Human Beings for 2008-2009, according to Annex No.3 2. Ministries, other central and local public administrative authorities, responsible for the implementation and carrying out of planned actions, will submit to the Government reports on the implementation of the Na- tional Plan for Prevention and Combating Trafficking in Human Beings for 2008-2009, on a six-monthly basis. 3. It is established that, in case of dismissal of the members of the National Committee, their functions will be performed by persons newly appointed for these positions, without issuing a new Government decision. 4. The Government decision No. 1219 2001 “On the approval of nominal composition of the National Com- mittee on Combating Trafficking in Human Beings and National Action Plan for Combating Trafficking in Human Beings” (The Official Gazette of the Republic of Moldova, 2001, No. 136- 138 art. 1274), with its further amendments and completions.
Prime Minister Vasile TARLEV
Countersigns: Deputy Prime Minister Victor Stepaniuc Deputy Prime Minister, Minister of Foreign Affairs and European Integration Andrei Stratan Minister of Social Protection, Family and Child Galina Balmoş Minister of Interior Gheorghe Papuc Minister of Education and Youth Victor Ţvircun Minister of Health Ion Ababii Minister of Culture and Tourism Artur Cozma Minister of Information Development Vladimir Molojen Minister of Finance Mihail Pop
No. 472. Chisinau, 26 March 2008.
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Annex No.1 to the Government Decision No.472 of 26 March 2008
NOMINAL COMPOSITION Of the National Committee on Combating Trafficking in Human Beings
Stepaniuc Victor - Deputy Prime Minister, Chairman of the National Committee Balmoş Galina - Minister of Social Protection, Family and Child, Deputy Chairman of the National Committee Papuc Gheorghe - Minister of Interior, Deputy Chairman of the National Committee Focşa Ion - Main inspector, Centre for Combating Trafficking in Human Beings, Minister of Interior, Secretary of the National Committee. Gurbulea Valeriu - Prosecutor General Reşetnicov Artur - Head of the Information and Security Service Pîrlog Vitalie - Minister of Justice Cozma Artur - Minister of Culture and Tourism Guznac Valentin - Minister of Local Public Administration Ababii Ion - Minister of Health Ţvircun Victor - Minister of Education and Youth Molojen Vladimir - Minister of Information Development Kistruga Eugenia - Deputy Minister of Foreign Affairs and European Integration Colenov Igor - Director General of Border Guard Service Chistruga Zinaida - Director General of Licensing Chamber Domenti Oxana - Councilor of the President of the Republic of Moldova on social developmentissues. Plop Petru - Chairman of the Centre for Combating Trafficking in Human Beings, Ministry of Interior
Annex No.2 To the Government Decision No.472 Of 26 March 2008
REGULATION Of the National Committee on Combating Trafficking in Human Beings
1. National Committee for Combating Trafficking in Human Beings (hereinafter referred to as National Committee) is a consultative body of the Government, set in order to coordinate the activity of prevention and combating trafficking in human beings. 2. National Committee includes representatives of the public authorities, including law enforcement bod- ies and other organizations that carry out activities of prevention and combating trafficking in human beings. 3. The Committee shall be formed of representatives of: Ministry of Interior; Ministry of Justice; Ministry of Health; Ministry of Social Protection, Family and Child; Ministry of Foreign Affairs and European Integration; Ministry of Education and Youth; Ministry of Information Development;
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Ministry of Culture and Tourism; Ministry of Local Public Administration; Border Guards Service; Licensing Chamber; Apparatus of the President of the Republic of Moldova; General Prosecuting Office; Information and Security Service. 4. Representatives of non-governmental and international organizations that are present in the Republic of Moldova and carry out activities of combating trafficking in human beings and providing assistance to the victims of trafficking in human beings, may participate in National Committee’s sessions with the right to a consultative vote. 4. National Committee has the following functions: - submits to the Government proposal on the principles of the state policy in the field of prevention and combating trafficking in human beings and recommendations directed to improve the activity of identification and liquidation of causes and conditions that contribute to the appearance of trafficking in human beings and carrying out activities of trafficking in human beings; - monitor the performance of actions provided in National Plan for Prevention and Combating Trafficking in Human Beings for 2008-2009 (hereinafter referred to as National Plan) and of the legal provisions on pre- vention and combating trafficking in human beings by the state organizations and institutions; - collects and reviews data about the proportions, status and trends of trafficking in human beings at the national level; - develops proposal to improve the legislation in the field of prevention and combating trafficking in human beings and victims’ protection; - organizes awareness-raising campaigns for the population on problems related to the trafficking in hu- man beings and social danger of this phenomenon; - coordinates the activity of territorial committees and specialized institutions regarding the implementa- tion of actions stipulated in the National Plan, as well as other actions of prevention and combating trafficking in human beings; - periodically evaluates and monitors the implementation process of the National Plan and informs the government and civil society about the obtained results. 6. National Committee is chaired by a Deputy Prime Minister. The Chairman represents the National Com- mittee in its relations with public authorities from the country, as well as in international relations. 7. The Chairman of National Committee performs the following basic functions: - ensures the fulfillment of the National Committee’s functions; - approves the agenda and schedule of the sessions; - convenes and chairs the sessions of the National Committee; - signs invitations for the representatives of non-governmental and international organizations for their participation in the sessions of the National Committee; 8. In the Chairman’s absence, the activity is performed by the Deputy Chairman of the National Committee. 9. The organizational activity is provided by the Secretary. 10. The Secretary of the National Committee: - develops proposals on agenda and schedule of the sessions of the National Committee; - prepares the sessions of the National Committee, holds the secretarial work; - organizes actions of collaboration with other state’s bodies, non-governmental and international organiza- tions; - performs other duties, according to his/her functions. 11. The Correspondence regarding the issues within the National Committee’s competence is held by the Secretary, through Chairman of the Committee. 12. The National Committee may create permanent or temporary experts groups, to examine problems and to find solutions related to the specific area of its activity. Experts groups will include members of the National Committee, national experts in relevant field from the ministries and other central administrative authorities,
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as well as, where appropriate, representatives of non-governmental and international organizations that per- form their activity in this field. 13. National Committee’s sessions are convened according to a planned schedule, but not less than once in four months. In case of necessity, sessions are held more often. 14. The presentation of the issue for examination by the National Committee is done by the Committee members, as well as by the heads of the ministries, other central administrative authorities and interested bod- ies. The agenda of the sessions is distributed to the members of National Council with at least 3 days before the sessions. 15. The sessions of the National Committee are registered in minutes, signed by the Chairman of the Na- tional Council and by the Secretary. 16. The decisions are adopted by the majority of votes of the present members of the National Committee, provided that at least 2/3 of its members attended it. If a member of the National Committee cannot participate in the sessions due to well-found reasons, he/she presents, in written to the Chairman of the Committee his/her opinion on the issues discussed. 17. The decisions of the National Committee are obligatory for the public authorities and institutions, pro- vided that they are signed by the Prime Minister. 18. National Committee presents periodically to the Government, at its request, but not less than twice a year, by 1 February and 1 August, a report on its activity. Central administrative authorities can request from the National Committee information on the observance of the legislation on prevention and combating traf- ficking in human beings and other cases.
138 Annex No.3 To the Government Decision No.472 Of 26 March 2008 NATIONAL PLAN for prevention and combating of trafficking in human beings for the years 2010-2011
Term for Funds Expected results Strategic objec- Specific goals and Activities / Structures responsible Partners accomplish- tives objectives Sub-activities for implementation Budgetary Other sources ment 1 2 3 4 5 6 7 8 1. ASSISTANCE FRAMEWORK 1.1. Coordinating structures 1. Improvement a) Instituting (of- 1) Appointing persons Authorities respon- Quarter II, Budgetary Responsible persons of measures to ficially approved) responsible for collabora- sible under Law No. 2010 allocations from line ministries combat traffick- tools and mecha- tion between ministries, 241- XVI of October ing by coordi- nisms meant to nongovernmental and 20, 2005 nating activities ensure cooperation international structures of involved between state and in the field of prevention parties nongovernmental and combating of traf- entities ficking in human beings b) Coordination 1) Creation of the Per- NCCTHB NGOs Quarter I, Budgetary OSCE, An operational Sec- of anti-trafficking manent Secretariat of the 2010 allocations ILO, retariat, activities of involved National Committee for IOM, A developed and ap- parties. Combating Trafficking in IC „La Strada” proved operational Human Beings, develop- framework ment and approval of its operational framework
2) Organizing technical OSCE MLSPF, NCCTHB 2010-2011 OSCE 11 TCMs in Chi- coordination meetings Secretariat, sinau, 8 regional in the field of anti-traf- NGO TCMs, 8 meetings ficking in the Transnistrian region 1.2. Legal and regulatory framework 1. Improvement a) Development 1) Amendment of leg- PGO, MoI, MoJ Quarter II, Budgetary Draft law on amend- of legal and nor- of legal provisions islative criminal frame- 2010 allocations ments of certain mative frame- ensuring access of work with a view to spe- legislative acts work in respect persons subject to cial confiscation of the of prevention trafficking to com- offender’s assets in favor and combating pensation from the of the state only after the of trafficking in traffickers and/or the compensation of injured human beings, state parties
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as well as in respect of b) Amendment 1) Amendment and sup- AT, MEC (LCh), MoI, Semester II, Budgetary Draft law on amend-
140 protection and of existent legisla- plementing of the Law MoJ IOM, 2010 allocations ments of certain assistance for tive and normative on tourism No. 798-XIV CPTW, legislative acts the victims of framework in the of February 11, 2000 LC, IC „La Strada” trafficking field of tourism with a view to introduc- ing more efficient re- quirements in order to ensure stricter records of persons returning to the country, within the terms established in the contracts for touristic services for tourists gone abroad 2) Continuous develop- MoE, MYS, MoI, Semester II, Budgetary Developed and ap- ment of legal framework MEC(LCh), IOM, 2010 allocations proved legislative to regulate interme- MoJ CPTW, and normative acts diation activity under LC, IC „La Stra- Summer Work & Travel da” . Programs Trafficking in human beings and gender equality in Moldova
c) Setting standards 1) Continuous devel- MAEIE, MLSPF, MoI, NGO Semester II, Regulation on pre- in the field of pre- opment of normative PGO, MoJ 2010 vention and com- vention and combat- framework concerning bating of trafficking ing of trafficking in implementation of the in human beings human beings provisions of the Law No.241-XVI of October 20, 2005 on prevention and combating of traf- ficking in human beings d) Improvement of 1) Creation of a program MLSPF, MF MoI, Quarter IV, Budgetary Draft Government legal framework in to offer support to vic- IOM, 2011 allocations Decision on creation respect of protection tims of trafficking in hu- CPTW, of fund and approv- and assistance for man beings on account LC al of its regulation the victims of traf- of assets (immovable as- ficking sets, financial means and other property) obtained as a result of illicit ac- tivities pertaining to traf- ficking in human beings and confiscated based on court judgments, as well as on account of dona- tions 2. Development of CCTP/MoI, IC „La Strada” 2011 IC „La Strada” Developed and standards / instruc- PGO tested standards tions for interviewing children-victims acting as witnesses (concerning interviewing techniques, requirements towards specialists involved in the interviewing process, requirements concerning the premises where the interview is held) e) Creation of a 1) The Plenum of the Supreme Court of Quarter II, Budgetary Adopted and pub- mechanism for uni- Supreme Court of Justice Justice 2010 allocations lished decision of form implementa- shall analyze the judicial the Plenum of the tion and application practice in cases of traf- Supreme Court of of legislation on ficking in human beings Justice prevention and com- and related cases, and bating of trafficking shall indicate the reasons in human beings for the reclassification of defendants’ actions on other articles of law, providing for a less harsh sentence, including cases when defendants have been acquitted or when criminal prosecution against them has been discontinued 1.3. Consolidation of capacities 1. Increasing a) Organizing con- 1) Organizing seminars, MoE, MLSPF, MYS, INJ, IOM Permanent IOM Two organized the capacities of tinuous training in training courses, round- MoI, PGO UNFPA roundtables governmental order to increase the tables, topical conferenc- and nongovern- level of knowledge es concerning prevention mental entities of the aspects of traf- and combating of traf- in the field of ficking in persons ficking in human beings, prevention and from the part of state with the participation combating of and nongovernmen- of the representatives of trafficking in tal entities relevant institutions human beings 2) Development of con- MLSPF IC „La Strada” Quarter IV, IOM Developed draft by means of tinuous training strategy CPTW, 2010 training procedure. human rights- for specialists in the field LC, TdH, based and of social protection con- ILO, victim-oriented cerning identification, IOM, approaches assistance and protection UNDP/BOYW
141 Updated normative acts of victims of THB. Ap-
142 proval of draft training procedure by means of a special seminar with the participation of repre- sentatives of the associa- tive sector in the field b) Consolidation 1) Development of MoI, PGO OSCE, Quarter II, IOM Developed practi- of capacities of law practical guide for the ILO, 2010 cal guides applied enforcement bodies application of proactive IOM, in the training and with a view to the investigation techniques CI„La Strada” enhanced training application of proac- adjusted to effective leg- CPTW, LC process tive investigation islation and to the new techniques aspects of manifestation of trafficking in human beings c) Increasing capaci- 1) Organizing seminars MoI, OSCE, ILO, IOM, 2010-2011 IOM, IC „La Strada” Seminars held ties of law enforce- with representatives of MLSPF IC „La Strada” , ment bodies, of regional CPTW Trafficking in human beings and gender equality in Moldova
governmental and law enforcement bod- nongovernmental ies in order to facilitate entities in the field identification of victims of identification of of all forms of trafficking victims of all forms 2) Inclusion of the THB MLSPF OSCE, Quarter II, TdH, IOM Subject training of trafficking identification, assistance ILO, IOM, 2010 component included and protection compo- IC „La Strada” , in the MLSPF Train- nent in the continuous CPTW, TdH ing Curriculum training plan for special- ists within MLSPF 3) Organizing and hold- MoI, PGO OSCE, 2010 Budgetary Improvement of ing seminars for train- ILO, IOM, allocations knowledge of rep- ing representatives of CI„La Strada”, resentatives of law law enforcement bodies CPTW enforcement bodies. concerning interviewing children victims/wit- nesses 4) Organizing study CCTP/MoI, PGO IC „La Strada” 2010-2011 IC „La Strada” Number, composi- tours, workshops, re- , INJ tion, goals of study gional and international tours and work- seminars for sharing shops. Number and good practices in the content of estab- field of combating THB lished collaboration and identifying and pro- relations tecting trafficked persons d) Strengthening in- 1) Organizing confer- PGO, MoI NCCTHB 2010-2011 Budgetary Number of orga- ternational coopera- ences, workshops, study allocations nized conferences, tion, including with tours. study tours; number EUROPOL, SECI, of trained officials INTERPOL and EUBAM in respect of THB combating 2. Increasing a) Consolidation 1) Development of ca- MLSPF, ILO-IPEC, IOM 2010-2011 Budgetary ILO-IPEC, IOM, Number of children the capacities of of capacities of pacities of the group of territorial employment allocations TdH and adults benefit- governmental governmental and specialists in territorial agencies ting from educa- and nongovern- nongovernmental employment agencies tional and profes- mental entities entities in the field of with a view to counseling sional counseling in the field of prevention and com- graduates of educational services prevention and bating of trafficking institutions, youth, un- combating of in children employed persons and trafficking in persons seeking a job. children 2) Developing profes- MoE NCPAC, UNDP/ Quarter II, Budgetary SOROS Moldova 30 psychologists sional skills of psycholo- BOYW, IOM 2010- Quarter allocations Foundation, UNDP/ in child protection gists, social assistants, I, 2011 BOYW, IOM services of Moldova medical employees and 10 psycholo- from NGOs and state gists in reintegration institutions with a view centers (BOYW), to assisting victims trained social as- and aggressors in case sistants and medical of family violence, employees children-victims of abuse and neglect, including trafficking b) Increasing ca- 1) Organizing a seminar MLSPF IOM, IC „La Quarter I, IOM Organized and held pacities of repre- on the subject of „Stan- Strada” , CPTW, 2010 seminar. Number of sentatives of entities dardization and unifica- LC, OSCE, ILO participants at the involved in the tion of forms used within seminar National Referral the NRS” System for the pro- 2) Organizing the MLSPF IC „La Strada” , Quarter II, Budgetary Organized and held tection and social seminar on the subject of CPTW, 2010 allocations seminar within assistance of victims „Transnational Referral LC, OSCE, the Program for and potential victims Mechanism for victims ILO Supporting and of trafficking in hu- of trafficking in persons. Development of man beings International standards” the Transnational Referral Mechanism for victims of THB in South-Eastern Europe. Number of participants at the seminar
143 Updated normative acts 3) Organizing and MLSPF IOM, IC „La Quarter IV, IOM Organized and held
144 holding „The regional Strada” , 2010 conference. Devel- workshop for govern- CPTW, LC, oped and distrib- mental agencies in tar- OSCE, ILO uted report geted countries Belarus, Ukraine, RM, concern- ing national referral mechanisms” 3. Encouraging a) Awareness-raising 1) Organizing national MLSPF, AT, CCTP/ IC „La Strada” 2010-2011 IC „La Strada” Number, content the Moldovan and consolidating and international semi- MoI and objective of business en- capacities of Moldo- nars and conferences in seminars and con- vironment to van businesses in the the field, with a view to ferences; number efficiently con- field of tourism con- the promotion, signing of participants and tribute to the ef- cerning the issue of and implementation of actors. forts to combat trafficking in human the Code of Conduct for trafficking in beings, especially in the prevention of sexual human beings, children, as well as exploitation of children especially in sexual exploitation 2) Carrying out activi- MLSPF, AT, CCTP/ IC „La Strada” 2010-2011 IC „La Strada” Number and type children of children ties for the prevention of MoI of carried out ac- Trafficking in human beings and gender equality in Moldova
trafficking and sexual tivities; content and exploitation of children type of spread out messages 1.4. Informational management and research 1. Ensuring a) Creation and 1) Establishing an ef- MoI, PGO, MoJ, ML- OSCE, ILO, IOM, Quarter II, Budgetary Collaboration agree- access to in- development of a ficient data exchange SPF IC „La Strada” , 2010 allocations ments and proto- formation and centralized national mechanism between CPTW, LC cols, containing data exchange data records center relevant institutions and provisions on data at national and concerning traffick- involved nongovernmen- exchange international ing in human beings tal organizations level in the field 2) Establishing common MoI, MLSPF, PGO ILO, IOM, CI„La Quarter II, Budgetary Added, modified of prevention indicators to keep track Strada” 2010 allocations and eliminated indi- and combating of data regarding traf- CPTW, LC OSCE cators. of trafficking in ficked persons human beings b) Consolidating 1) Expanding CCTP MoI, PGO ILO, Semester II, Budgetary Ensuring CCTP CCTP’s role as spe- capacities in the field d of IOM, IC „La 2010 allocations with technical cialized subdivision analysis, monitoring and Strada” means and human in the field of pre- evaluation of the phe- CPTW, LC, OSCE resources required vention and combat- nomenon of trafficking to organize and ing of trafficking in in human beings carry out analyti- human beings cal, monitoring and evaluation activities. Carrying out train- ing sessions for CCTP personnel 2) Establishing efficient MoI MLSPF, PGO, Permanent Budgetary Signed protocols, collaboration mecha- MoJ, MH, MoC, allocations developed common nisms between CCTP MAEIE, OSCE, projects and accom- and partners from state ILO, plished common institutions and local and IOM, IC „La activities foreign nongovernmen- Strada” , tal organizations CPTW, LC 3) Periodical collection NCCTHB Secretariat MLSPF, PGO, Quarterly Budgetary Periodical reports by the NCCTHB Secre- MoJ, MH, MoC, allocations drafted by the tariat of statistical data MoE, MAEIE, NCCTHB Secre- and analytical informa- BS, SIS, MoI, tariat tion concerning traf- MYS, MTIC, UTA ficking in human beings Gagauzia, MF, from relevant institutions OSCE, ILO,IOM, and nongovernmental IC „La Strada” organizations CPTW, LC 4) Creation within CCTP MoI, PGO ILO,IOM, IC „La Quarter II, Budgetary Created database. of a centralized database Strada” 2010 allocations Ensuring technical on trafficking in persons CPTW, LC, OSCE and human resourc- es required for man- aging the database 5) Connecting the MoI, PGO, ILO, Quarter II, Budgetary Operation of an au- central database with MLSPF, MoJ IOM, CI„La 2010 allocations tomatic network for institutions involved Strada” the collection and in the prevention and CPTW, LC , distribution of data combating of trafficking OSCE in persons and offering assistance to the victims of trafficking 6) Creating the NCCTHB Quarter II, Budgetary Operational NCCTHB’s webpage 2010 allocations NCCTHB webpage that would reflect the Committee’s activ- ity and will contain relevant information in the field c) Organizing and 1) Organizing and car- MLSPF OSCE, ILO, Quarter II, IC „La Strada” Formulating recom- performing the rying out research of IOM, IC „La 2010 mendations and research of ad- advanced international Strada” establishing best op- vanced international practices and analysis CPTW, LC, TdH portunities to create practices and their of national legislation the NRS monitoring implementation at concerning mechanisms mechanism in Mol- national level to monitor and evaluate dova. Establishing the efforts/services in the concept of the NRS field of social protection monitoring mecha- of THB victims nism in Moldova
145 Updated normative acts 2) Development of an MLSPF, High Level IC „La Strada”, Quarter II, IC „La Strada” Developed draft law.
146 accreditation mechanism Group for Moldova’s IOM, OSCE, ILO, 2010 Criteria and indi- for social service render- Children CPTW, LC cators for the ac- ers creditation of social service renderers 3) Piloting the NRS MLSPF IC „La Strada” 2010-2011 IC „La Strada” Tested monitoring monitoring mechanism mechanism by testing it in NRS rayons 1.5. Analysis, monitoring and evaluation 1. Research a) Evaluation of the 1) Accomplishment of MoI, MLSPF, PGO, ILO, Half-yearly Developed evalua- and periodic scope and trends of periodic evaluations to MoJ IOM, CI„La tion reports monitoring of trafficking in human identify evolutionary Strada”, characteristics, beings tendencies of the phe- CPTW, LC , dimensions and nomenon OSCE evolution of the 2) Informing the civil so- MoI, MLSPF, PGO, ILO, IOM, IC „La Half-yearly Organized and held phenomenon ciety on a regular basis MoJ Strada” , public meetings of trafficking in about the phenomenon, CPTW, LC, OSCE (press-conferences, human beings following its research published articles Trafficking in human beings and gender equality in Moldova
and periodic evaluation etc.) 3) Accomplishment of MoI 2010-2011 Budgetary A published practi- scientific research in the allocations cal scientific work field of anti-trafficking and published re- reactions and research sults of the study, for the evaluation of the number of accom- scope and tendencies of plished studies trafficking and publica- tion of results 4) Accomplishment of ESI, MYS 2010-2011 Budgetary Number of per- scientific research in the allocations formed researches, field of prophylaxis, pre- an organized uni- vention and combating versity contest of of trafficking in human scientific works, an beings, under economic, organized scientific legal and psychological university confer- aspects ence 2.Continuous a) Ensuring sys- 1) Development of NCCTHB Secretariat Half-yearly Budgetary Half-yearly reports improvement tematic monitoring monitoring and evalu- allocations developed and dis- of the strategic and evaluation of ation indicators, based tributed at Commit- and operational activities carried out on which reports will be tee meetings anti-trafficking under the National developed response by Plan adjusting it to new tendencies of trafficking b) Ensuring continu- 1) Drafting informative NCCTHB, central NGOs; Interna- Half-yearly, Budgetary Drafted and distrib- ous analysis of the notes/reports concerning public authorities with tional organiza- until January allocations uted report activity of parties planned and accom- powers in the field tions 15 and July 15 involved in the fight plished activities in the against trafficking in field of combating traf- human beings ficking in human beings 2) Drafting a general NCCTHB, central and NGOs; Interna- Annual, until Budgetary Drafted general report on actions ac- local public authori- tional organiza- February 15 allocations report complished and results ties with powers in the tions obtained by involved field institutions 3) Monitoring judicial PGO NGOs 2010-2011 OSCE Developed recom- sessions mendations; num- ber of monitored cases 2. PREVENTION 2.1. Awareness-raising and education 1.Reduction of a) population in- 1) Developing aware- LPA, MoE, MYS IC „La Strada” 2010-2011 Budgetary IC „La Strada” , Number and type expansion of forming and aware- ness-raising activities for , CIJ „Winrock allocations USAID, „Regina of activities, num- trafficking in ness-raising with a the general public con- International”, Pacis” Foundation, ber and profile of human beings view to realizing the cerning the danger of the AWLC/CPTW, OSCE, MEA of the informed persons, by consolidating risks associated with phenomenon of traffick- „Regina Pacis”, Kingdom of Den- number and type the self-protec- trafficking in human ing in human beings Foundation mark, of instruments/ tion capacities beings and strength- OSCE, LC ,TdH IOM, TdH messages used/cir- of individuals ening the self- culated and the society protection capacities against the against the threats of threats of this this phenomenon phenomenon 2) Publishing periodical NCCTHB CIJ, „Winrock 2010-2011, USAID Periodical publica- informational bulletins International” Quarterly tion of informative of the National Commit- bulletins tee and their distribution among the public 3) Organizing sessions to MoE, MYS IC „La Strada” , 2010-2011 OSCE, Number of seminars inform children, youth, OSCE, ILO-IPEC, ILO-IPEC, and participants; parents and school per- „Regina Pacis” „Regina Pacis” number and type of sonnel on the subject of Foundation, Foundation, IC „La institutions where trafficking and of other CNPAC, LC, Strada” seminars were held; forms of exploiting child LADOM UNFPA covered regions; labor and family violence content of conveyed messages
147 Updated normative acts 4) Development and MYS OSCE, 2010-2011 OSCE, Launching advertis-
148 distribution of informa- „Regina Pacis” ILO-IPEC, ing materials, dis- tional materials Foundation IOM, IOM, tributed brochures CPTW, CI„La Strada”, concerning child IC „La Strada” , „Regina Pacis” labor, booklets, AWLC/CPTW, Foundation, MEA informational bul- LC of the Kingdom of letins, displayed Denmark advertising post- ers, produced and broadcasted docu- mentary, a published compilation of ser- mons, projections of the play „Nobody’s people”, distribution of informational materials regarding the hotline in youth resource centers b) Increasing aware- 1) Implementation of MLSPF, MYS NGO 2010-2011 UNFPA Programs addressed Trafficking in human beings and gender equality in Moldova
ness of groups at programs for reduc- to groups at risk risk in respect of the ing the vulnerability of dangers associated to groups at risk, including trafficking and illegal programs for the cre- migration ation of services for vic- tims of family violence and for aggressors 2) Organizing awareness- LPA CCF Moldova, 2010-2011 German Society for Instructed youth, raising campaigns for CNPAC Technical Coopera- informed children, youth, including cultural tion (GTZ), organizing and activities for children ILO - IPEC holding art contests, developed, financed and implemented mini-projects, a video movie, a publication, mobile exhibitions in rural localities, an evalua- tion conference 2. Reduction of a) Increasing the 1) Organizing public MLSPF, PGO, MAEIE, NGO 2010-2011 Budgetary Organized and held vulnerability to degree of awareness campaigns on preven- LPA allocations campaign, devel- trafficking and in the field of pre- tion and combating of oped and distributed recurring traf- vention and combat- THB and the elimination materials, reports on ficking ing of trafficking in of stigmatization of THB the evaluation of the human beings victims impact of campaign implementation 2) Organizing regional MYS „Regina Pacis” 2010-2011 „Regina Pacis” Organized and held conferences for youth Foundation Foundation conferences 3) Increasing the ca- MAEIE ILO, IOM 2010-2011 European Commis- Distributed in- pacities of 3 existent pilot NEA sion Government formational and centers within territorial of the Republic of training materials. employment agencies in Ireland, Informational and Chisinau, Balti and Ca- training activities for hul rayon potential migrants, a produced and broad- casted informational documentary 4) Development and MoE, NEA CI„La Strada”, 2010-2011 CI„La Strada”, Organizing and implementation of train- Independent USAID, Ministry of holding annual train- ing programs for staff Journalism Cen- Exterior of the King- ing courses, trained involved in activities for ter, dom of Denmark, instructors, trained prevention of trafficking „Winrock Interna- Medecins du Monde young girls, accom- in human beings tional”, IOM plished seminars, trained voluntaries, informed youth, dis- tributed materials 5) Advanced training of MYS, MoI, MLSPF AWLC/CPTW, 2010-2011 IC „La Strada” Number of trained mobile groups of peer- CI„La Strada”, lecturers, number to-peer lecturers and „Regina Pacis” and type of activi- educators in the field of Foundation, ties, which involve prevention of trafficking CIJ„Winrock In- lecturers in human beings ternational” 6) Training represen- PAA, MLSPF OSCE, ILO, 2010 TdH, Number of trained tatives of LPA and of IOM, IC „La UNFPA specialists, number professional groups in Strada” CPTW, of seminars and the regions on the issue LC, TdH their content, num- of THB , family violence ber of rayons where and their role in combat- training took place ing these phenomena b) Awareness-raising 1) Introducing into the INJ NGO Quarter II, Budgetary Topics on the issue and training of training programs of in- 2010 allocations of THB introduced representatives of stitutions of central public into the training governmental and administration of topics programs for the nongovernmental on the issue of la traffick- staff of relevant state structures, which ing in human beings institutions work with “groups 2) Organizing consulta- MLSPF ILO-IPEC 2010-2011 ILO-IPEC Organized and held at risk” in respect of tive meetings and train- meetings, informed trafficking in human ing seminars in the field persons, increased beings of child labor, including level of awareness child trafficking, for the concerning child labor
149 Updated normative acts members of the National
150 Steering Committee (NSC), ILO-IPEC, the Secretariat of the Na- tional Committee for the Protection of Child’s Rights and the National Committee for Consul- tations and Collective Negotiations c) Rendering more 1) Monitoring the imple- MoE, MLSPF, MoI OSCE, ILO-IPEC, 2010-2011 Budgetary Specific developed efficient activities mentation of specific na- „Regina Pacis” allocations and approved nor- for the prevention of tional legislation and its Foundation, mative and depart- trafficking in human permanent adjustment CNPAC, LC, mental acts, annual beings with the aim to improve LADOM MoE activity reports assistance rendered to reflecting monitor- child-victims of traffick- ing activity in respect ing in human beings of implementation and adjustment of national legislation Trafficking in human beings and gender equality in Moldova
1) Organizing instructor- MLSPF, MoI, PGO, NGO 2010-2011 Budgetary Organizing training programs for MAEIE, LPA allocations instructor-training specialists of relevant programs in the field institutions in the field of THB. Number of of trafficking in human specialists, who ben- d) Continuous train- beings efitted of organized ing of specialists of instructor-training relevant institutions programs in the field in the field of pre- of THB. Develop- vention and combat- ment of the report ing of trafficking in on the results of spe- human beings cialists’ participation in the sessions of organized instructor- training programs in the field of THB e) Reduction of so- 1) Developing and im- NEA 2010-2011 Unemploy- Circa 19 000 per- cial and economic plementing yearly action ment fund sons supported an- vulnerability of plans for the promotion nually upon being potential victims of of policies on the labor hired into a job trafficking and po- market tential migrants 2) Developing an infor- NEA 2010-2011 Unemploy- 200 persons access- mational system on the ment fund ing daily the portal labor market and web page 3) Orientation, profes- MEC ILO-IPEC, 2010-2011 Unemploy- European Commis- 96 organized train- sional training and em- CNPAC, IOM, ment fund sion, Government ing courses, 2100 as- ployment of graduates of AWLC/CPTW, of the Republic of sisted beneficiaries, educational institutions, UNDP/BOY- Ireland, 936 professionally youth, unemployed per- WICJ, „Winrock USAID, trained beneficia- sons and persons looking International”, ILO-IPEC, ries, 624 employed for a job, potential vic- National Swedish IOM, beneficiaries, 40 tims, as well as victims Council for Labor MoI of the Czech employed children, of trafficking from non- Market, Associa- Republic, 9 created training integrated groups tion for Women UNDP/BOYW and professional „Art-Elegant”, integration services, Republican Soci- 100 new jobs will e ety for Social Pro- created tection of Minors and Youth „Insula Speranţelor” 4) Ensuring access of NEA, MEC, MYS ILO, AWLC / 2010-2011 Unemploy- European Commis- Number of started victims and potential CPTW, UNDP / ment fund sion, Government and financed small victims of trafficking in BOYW, of the Republic of businesses human beings to train- Ireland, ing programs in the field UNDP of entrepreneurship and UNFPA granting micro-credits for business startup 5) Offering methodologi- MLSPF UNDP/BOYW 2010-2011 UNDP Created social rein- cal support to social re- tegration center integration and maternal centers 6) Implementing a MEC, MYS CIJ, „Winrock 2010-2011 USAID 48 beneficiaries monitoring program International” to sustain youth in the development of own businesses 7) Counseling and in- MLSPF IC „La Strada” 2010-2011 MEA of the King- Number and profile formational support on dom of Denmark, of counseled per- secure migration, risks IC „La Strada” , sons. associated with illegal „Regina Pacis” migration and the dan- Foundation, USAID ger of trafficking/exploi- tation
151 Updated normative acts f) Reducing chil- 1) Ensuring tutoring for MoE, CNPAC, 2010-2011 IOM, 275 children reinte-
152 dren’s vulnerabil- children with poor re- LPA IOM , TdH ILO-IPEC, TdH grated into the edu- ity to trafficking by sults in order to prevent cational system as a ensuring access to leaving school / non- result of tutoring various educational attendance services 2) Ensuring access to CNPAC, IOM 2010-2011 ILO-IPEC, IOM 152 children rein- educational system by LPA tegrated into the granting material sup- educational system port as a result of granted material support 3) Organizing weekly LPA CNPAC 2010-2011 ILO-IPEC Increased amount counseling sessions on of knowledge and life skills for children abilities in the field from groups at risk and of life skills of 250 victims of trafficking children as a result of partaking in the counseling sessions g) Reducing dis- 1) Organizing informa- MLSPF, CIJ,UNFPA, Quarter II USAID, Number of organized crimination of tional and promotional BNS LC 2010 OSCE, campaigns. Recom- Trafficking in human beings and gender equality in Moldova
women, minorities, campaigns in the field Quarter IV UNDP mendations for pre- children, migrants of gender equality and 2011 UNIFEM, UNFPA vention and combat- and other vulnerable combating family vio- ing of family violence groups lence developed and used in policy planning 3. Ensuring ac- a) Ensuring access of 1) Complete schooling of LPA LPA 2010-2011 Budgetary Rate of children’s cess of all chil- children from rural children between 7 – 16 allocations enrollment into dren to qual- regions to basic edu- years of age educational institu- ity educational cation tions services 2) Ensuring food for LPA LPA 2010-2011 Budgetary Rate of students children in the I-IV allocations ensured with food grades and those from socially vulnerable fami- lies in grades V-IX 3) Ensuring school trans- LPA LPA 2010-2011 Budgetary Number of means of portation for children allocations transportation in- from localities with no volved in the school schools transportation process 4) Increasing access to MoE MLSPF 2010-2011 Budgetary Number of enrolled professional, vocational allocations persons, number of and higher education equipped institu- – by consolidating infra- tions structure in conformity with labor requirements 4. Increasing a) Modernizing the 1) Modernizing the MoE 2010-2011 Budgetary Evaluation study, the quality of school curriculum in implementation of disci- allocations number of reviewed the educational the context of pre- plines „Civic education”, programs process vention of trafficking moral-civic education, in human beings form-master classes on the subject of prevention of the phenomenon of THB 2) Introducing special MoE 2010-2011 Budgetary Number of devel- modules on combating allocations oped modules trafficking in persons in secondary, professional and secondary profes- sional education 3) Increasing the qual- MoE Project “Quality 2010-2011 Budgetary Number of trained ity of the initial and education in the allocations and instructed continuous training of Moldovan rural teachers, improved teachers at all stages of regions” services education, by improving offered quality educa- tional services 4) Training and instruc- MoE UNDP, Center 2010-2011 Budgetary Number of trained tion of teachers at all „La Strada” allocations and instructed stages of education in the teachers field of prevention and combating of trafficking in human beings 5) Developing didactic MoE NGO 2010-2011 Budgetary Number of devel- materials in the field of allocations oped and distribut- trafficking in persons ed didactic materials (guides for teachers, form masters, students etc.) b) Promotion in 1) Launching the human MoE, MoC LPA, UNDP 2010-2011 Budgetary Organizing and educational institu- rights’ week allocations holding exhibi- tions of democratic tions of materials values and interna- in the field of hu- tional standards in man rights, polls, the field of human informational cam- rights paigns concerning protection of human rights, including prevention of THB
153 Updated normative acts 2) Organizing round- MoE, MoC LPA, UNDP 2010-2011 Budgetary UNFPA Number of accom-
154 tables, conferences, de- allocations plished activities bates, creative contests in the field of human rights and prevention of THB c) Consolidating 1) Ensuring students’ MoC NGO 2010-2011 Budgetary Number of accom- mechanisms for right to information allocations plished activities youth participation through the Inter- in decision-making net, opening libraries equipped with modern systems, organizing ra- dio- and TV-shows for youth and with the par- ticipation of youth 2) Developing the system MoE NGO 2010-2011 Budgetary Number of youth- of social services for allocations beneficiaries of students, also by means services of local/regional hotlines and on-line Trafficking in human beings and gender equality in Moldova
2.2. Specialized control 1. Prevention a) Reducing unregu- 1) Developing capacities NEA ILO, 2010-2011 European Commis- Organized and car- of trafficking in lated activities in the of workshops for en- Private abroad sion; ried out efficient human beings field of employment couraging private abroad employment Government of the activities within through various abroad employment agencies to agencies Republic of Ireland workshops administrative create an association and methods develop an ethical code 2) Organizing a train- NEA, ILO, 2010 European Commis- Organization and ing course based on the LCh Private abroad sion, carrying out of the service standards manual employment Government of the training course, for private abroad em- agencies Republic of Ireland number of trained ployment agencies, for specialists representatives of private agencies and for govern- mental officials 2. Informing a) Facilitating iden- 1) Developing capaci- Labor Inspection, Unit CNPAC 2010-2011 ILO-IPEC Functional local sys- and population tification/self-identi- ties of local systems for for monitoring child tems for monitoring awareness-rais- fication of trafficked monitoring child labor, labor child labor ing with a view persons, especially of including trafficking, in to acknowledg- children order to identify cases of ing risks associ- forced labor ated to traffick- 2) Organizing infor- MH NGOs 2010-2011 Budgetary Carried out activi- ing in human mational, educational, allocations ties beings and communication activi- strengthening ties, especially for young self-protection people, on issues of skills against the health education, healthy threats of this way of life, prevention phenomenon of sexually transmitted diseases and HIV/AIDS, risks and consequences of trafficking 3. Rendering a) Ensuring imple- 1) Developing instruc- MoI 2010–2011 Budgetary Developed and ap- more efficient mentation of laws/ tions for granting the allocations proved instructions activity for as- provisions offering a reflection period sisting victims reflection period of of trafficking in at least 30 days for human beings all trafficked persons b) Ensuring imple- 1) Issuance of the MoI 2010–2011 Budgetary Number of traf- mentation of laws/ residence permit and allocations ficked persons, to provisions concern- identity documents to whom temporary ing issuance of the persons without identity, residence permits temporary residence in accordance with effec- have been issued permit to all iden- tive legislation tified trafficked persons, after the expiry of the reflec- tion period 2) Development and MoI 2010–2011 Budgetary Developed instruc- adoption of instructions allocations tions on the evaluation of risks until the return to the country of origin or until taking the decision to request the permanent residence permit for humanitarian purposes (shelter request)
155 Updated normative acts 4.Stimulating a) Consolidation 1) Drafting a report on Territorial commis- IC „La Strada” , 2010–2011 Funds from IC „La Strada” , Drafted reports and
156 the activity of of efforts of bodies activities undertaken sions for combating IOM, CPTW, ILO the budgets IOM, CPTW, ILO plans, proposals territorial com- tasked with the com- during the year 2009 trafficking in human of territori- made, organized missions for bating of trafficking beings al-adminis- campaigns, seminars combating traf- in human beings 2) Development of trative units and meetings ficking in hu- from territorial- half-yearly plans, with man beings administrative units. their approval by the Informing the NCCTHB chairman population on the 3) Organizing infor- consequences of mational campaigns, illegal migration and seminars and meetings trafficking in human in cities and settlements beings. of the territorial-admin- istrative unit 4) Implementing training programs for the pre- vention and combating of trafficking in human beings for persons from Trafficking in human beings and gender equality in Moldova
vulnerable groups and officials involved in such activities 5) Making proposal to NCCTHB concerning rendering more efficient activities for the combat- ing of trafficking in hu- man beings 3. ASSISTANCE AND PROTECTION OF VICTIMS AND WITNESSES 3.1. Identification of victims 1) Early identi- a) Facilitating iden- 1) Applying and moni- MLSPF IC „La Strada” , 2010-2011 CI„La Strada” Number of identi- fication of traf- tification/self-identi- toring the implemen- IOM, CPTW, ILO, fied and referred ficked persons fication of trafficked tation of provisions UNDP/BOYW victims, analytical from Moldova persons, especially of concerning identifica- reports concerning children tion and referral of the implementation of victims of trafficking in normative provi- human beings sions 2) Local-level extension MLSPF, Labor Inspec- CNPAC 2010-2011 Within the ILO-IPEC Local operational of systems for monitor- tion limits of systems for moni- ing grave forms of labor, LPA, Unit for monitor- available toring child labor including trafficking in ing child labor extra- human beings budgetary resources 3) Facilitating access of CCTP/MoI IC „La Strada” 2010-2011 IC „La Strada” Number and profile trafficked persons and of identified and supposed victims to as- assisted persons sistance by means of im- mediate identification
3.2. Social assistance and protection of victims 1. Ensuring so- a) Implementation 1) Offering free of charge MLSPF, MH, IOM, 2010-2011 Budgetary IOM, MEA of the Number of persons cial protection of legal provisions assistance to victims in MoI AWLC/CPTW allocations Kingdom of Den- that benefitted of the and assistance for ensuring neces- crisis, taking into ac- mark services to victims of sary social assis- count the specifics of dif- UNDP/BOYW trafficking, re- tance, medical, psy- ferent categories of vic- gardless of their chological and legal tims (accommodation, willingness to services legal and psychological cooperate in the services) criminal pros- 2. Persons established to MH, MLSPF, IOM, 2010-2011 Budgetary IOM, Number of persons ecution process be victims of trafficking MoI AWLC/CPTW allocations MEA of the King- that benefitted of in human beings shall be dom of Denmark services ensured with medical as- sistance in public medi- cal and sanitary institu- tions, in accordance with effective legislation 3) Offering medical MH 2010-2011 Budgetary Number of assisted assistance to children- allocations children victims of trafficking, in accordance with the Clinical Protocols and Medical Standards, ap- proved by the Ministry of Healthcare b) Guaranteeing the 1) Placement of traf- MLSPF, MH, LPA IOM, BOYW 2010-2011 IOM, Number of persons physical security of ficked persons into / UNDP, CIJ, UNDP, temporarily placed the victims of traf- secure national and local „Winrock Interna- CIJ, „Winrock Inter- in assistance centers ficking social centers with a view tional” national” and assisted to rehabilitation c) Informing traf- 1) Rendering legal coun- MoI, AWLC/CPTW, 2010-2011 Budgetary MEA of the King- 340 beneficiaries ficked persons with seling services, inform- MAEIE IC „La Strada” , allocations dom of Denmark, of legal counsel- regard to their rights ing victims with regard LC, IOM IC „La Strada” , IOM ing (CPTW), 1000 to their rights and risks distributed copies of criminal procedure, of informational development and distri- materials bution of informational materials
157 Updated normative acts 3.3. Protection of witnesses and judicial approach to trafficked persons
158 1) Ensuring spe- a) Developing an 1) Including victims that MoI 2010-2011 Budgetary Efficient special pro- cial protection efficient mechanism have decided to cooper- allocations tection mechanism to victims, who for accomplishing ate in bringing traffickers for victims willing wish to partake measures of state to account, into the pro- to partake as wit- as witnesses in protection of the vic- tection system nesses in judicial judicial pro- tims of trafficking, proceedings ceedings in line with interna- tional standards 2) Protection of vulner- MoI 2010-2011 Budgetary Number of assisted able witnesses in the allocations chidren process of criminal prosecution by offer- ing mediation services, socio-psychological sup- port and representation of interests upon hearing vulnerable witnesses, especially children Trafficking in human beings and gender equality in Moldova
3) Creation of rooms for MoI, PGO IC „La Strada” 2010-2011 IC „La Strada” Operational room as interviewing/hearing a result of creation children-victims, who and proper endow- act as witnesses ment, development of regulatory frame- work, adequate training of the team 3.4. Repatriation, rehabilitation, reintegration 1) Reduction of a) Facilitating social 1) Involving victims of NEA, IOM, UNDP/ 2010-2011 Budgetary IOM, UNDP/BOYW Number of em- the risk of traf- reintegration of traf- THB in active measures LPA BOYW allocations ployed victims ficked persons ficked persons on the labor market: job within one year after to be subject to fairs, „Labor Club” work- reintegration repeated victim- shops, public works ization and/or 2) Organizing profes- NEA, MLSPF IOM, UNDP/ 2010-2011 Unemploy- IOM, UNDP/BOYW Number of benefi- recurring traf- sional training courses, BOYW ment fund ciaries of respective ficking offering minimal allow- services, at least 70 ances, accommodation, persons assisted by scholarships and human- means of services itarian aid to the victims created by UNDP/ and their children BOYW 4. INVESTIGATION AND PROSECUTION OF TRAFFICKERS 4.1. Proactive and reactive investigation 1. Extending a) Increasing skills 1) Planning and inclu- MoE, 2010-2011 Budgetary Developed cur- the application and knowledge of sion into the curricula of MoI Academy „Ştefan allocations riculum, additional of proactive law enforcement higher legal educational cel Mare” study time included investigation officers in respect of institutions of additional into the curriculum techniques prospective inves- study time regarding tigation techniques prospective investigation and their importance techniques in trafficking for the investigation cases of trafficking cases b) Consolidating 1) Organizing round- MoI, PGO, 2010-2011 Budgetary Organized round- collaboration be- tables in the field of CS, BS, SIS CCCEC allocations tables, developed tween law enforce- combating of trafficking and implemented ment bodies with in human beings with efficient mecha- functions in the field the participation of rep- nisms for combating of prevention and resentatives of coercive trafficking in human combating of traf- structures, with a view beings ficking in human to the development and beings consolidation of efficient collaboration mecha- nisms 2) Detaching liaison offi- MoI, BS, CS, SIS, 2010-2011 Budgetary Liaison officers cers within CCTP of the CCCEC allocations detached in order Ministry of Interior to consolidate coop- eration 4.3. Criminal prosecution and sentencing of criminals 1. Increasing a) Increasing the 1) Evaluating training MoI, INJ ILO 2010-2011 European Commis- Evaluation report, the number of knowledge of law necessities of law en- ICMPD, IOM sion, compiled training cases of judicial enforcement and forcement bodies and Government of the materials prosecution judicial authority developing pilot train- Republic of Ireland and sentencing employees with re- ing courses in respect of of persons in- spect to trafficking identification of traffick- volved in THB in human beings ing in human beings 2) Organizing training MoI, INJ AWLC/CPTW 2010-2011 Budgetary MEA of the King- Number of accom- courses for the represen- allocations dom of Denmark, plished training tatives of regional law courses, number of enforcement bodies in participants what regards the inves- tigation of cases of traf- ficking fo the purpose of forced labor
159 Updated normative acts b) Providing effec- 1) Performing an analy- SCJ, MoJ IOM 2010 Budgetary Accomplished study
160 tive and proportion- sis of the causes and allocations ate sanctions for the punishments applied for crime of trafficking the crime of trafficking in human beings in human beings 4.4. Legal rehabilitation and compensation to the victims 1) Awarding a) Informing the 1) Ensuring victims of BA, NCLA AWLC/CPTW, 2010-2011 Budgetary MEA of the King- Number of the vic- damages for victims of the pos- trafficking with free of LC, IOM allocations dom of Denmark tims of trafficking trafficked per- sibility to obtain charge legal assistance at that benefitted of sons damages all stages of the criminal the services of an trial attorney 4.5. Treatment of the victims/witnesses from the part of the police and the judiciary 1) Ensuring ad- a) Ensuring adequate 1) Instituting a profes- MoI, PGO AWLC/CPTW, 2010-2011 Budgetary MEA of the King- Created multidisci- equate and non- and nondiscrimi- sional multidisciplinary IOM allocations dom of Denmark plinary team discriminatory natory treatment, team (legal representa- treatment of the based on human tive/social assistant/psy- victims from rights by all entities chologist) for interview- the part of law involved in work- ing victims of trafficking enforcement ing with trafficked in human beings Trafficking in human beings and gender equality in Moldova
bodies and the persons judiciary 5. INTERNATIONAL COLLABORATION 5.1 Intensification of international collaboration 1. Consolidation a) Developing col- 1. Negotiating the MAEIE, MoI, IOM, ILO, IC „La 2010-2011 MLSPF, Execution and of the Republic laboration with Agreement between MLSPF, MoE Strada” , MLSPF, MAEIE, implementation of of Moldova as member-states and the Government of the MAEIE, TdH IOM, TdH collaboration agree- trustworthy specialized foreign Republic of Moldova ments with similar partner in the structures in the and the Government of foreign institutions, global effort of field of prevention the Russian Federation organizing and reducing the and combating of on collaboration in the holding seminars, phenomenon trafficking in human field of repatriation of conferences, work- of trafficking in beings and of offer- victims of trafficking in shops reunions with persons ing necessary assis- human beings, child traf- international par- tance to its victims ficking, illegal trafficking ticipants of immigrants, unac- companied children and immigrants in difficulty, approved by Govern- ment Decision No.926 of December 31, 2009 2) Finalizing and pro- MAEIE, MoI, IOM, ILO, IC „La 2010-2011 MLSPF, MAEIE, Number of partaken moting the draft Govern- MLSPF Strada” , MLSPF, IOM programs, number ment Decision on initiat- MAEIE of training/instruc- ing negotiations on the tion/information draft Agreement between sessions organized the Government of the for staff participat- Republic of Moldova and ing in specific pro- the Government of the grams and activities, Republic of Italy on co- number of proposals operation in the field of and recommenda- protection of Moldovan tions made follow- unaccompanied children ing participation in or children in difficulty programs and ac- on the territory of the tivities organized by Republic of Italy foreign institutions with a view to pre- venting and combat- ing trafficking in human beings 3) Development and pro- MoI, PGO, CS, BS, SIS MLSPF, MAEIE, 2010-2011 IOM Number of executed motion of the Agreement IOM, TdH and implemented between the Government agreements, number of the Republic of Mol- of reports contain- dova and the Govern- ing transmitted/ ment of the Republic of received operative Ukraine on cooperation information, num- in the field of repatria- ber of experience tion of victims of THB, sharing meetings child trafficking, illegal trafficking of migrants, unaccompanied children and migrants in difficulty and initiation of relevant negotiations 4)Participating in the MLSPF, PGO IC „La Strada” Quarter IV Number of partaken works of the ad-hoc 2011 in meetings Committee for the de- velopment of the Euro- pean Convention for the prevention and combat- ing of violence against women, including family violence.
161 Updated normative acts 5.2. International cooperation of police and judiciary bodies
162 1.Expanding a) Guaranteeing 1) Ensuring international MoI, IOM, ILO, IC „La 2010-2011 Budgetary Number of actions international international legal legal assistance in crimi- PGO, CS, MoJ Strada” allocations carried out jointly cooperation in assistance in crimi- nal matters by means of with foreign bodies, investigating nal matters on cases rogatory commissions number of submit- cases of traffick- of trafficking in per- on cases of trafficking ted and performed ing in human sons, cooperation in human beings and rogatory commis- beings with EUROPOL, exchange of operative sions INTERPOL and information SECI b) Increasing capaci- 2) Establishing mecha- SCJ, 2010-2011 Budgetary Developed mecha- ties of employees of nisms for collaboration SCM, MoJ allocations nisms and instru- law enforcement and and experience sharing ments the judiciary in re- with homologous judges spect of cooperation from other states and with respective au- with international struc- thorities from other tures (European Legal states Network) c) Improving data 3) Signing international MAEIE, PGO, MoJ IOM 2010-2011 Budgetary IOM Signed international Trafficking in human beings and gender equality in Moldova
exchange with other agreements on mu- allocations agreements, number countries tual legal assistance with of traffickers an- states, with whom such nounced as wanted agreements have not at general level, been signed so far number of extradit- ed traffickers, num- ber of repatriated victims, number of witnesses participat- ing in trials in tran- sit and destination countries Updated normative acts
List of abbreviations
PAA- Public Administration Academy by the President of the Republic of Moldova LPA- Local Public Authority NEA– National Employment Agency AT- Agency for Tourism AESM– Academy of Economic Studies of Moldova
AWLC- Association of Women of Legal Career BA – Bar Association NCCTHB – National Committee for Combating Trafficking in Human Beings SCJ – Supreme Court of Justice, CCTP- Center for Combating Trafficking in Persons SCM – Supreme Council of Magistrates, NCLA– National Council for Legal Assistance NCPCR – National Commission for Protection of Children’s Rights, NCCCN - National Commission for Collective Consultations and Negotiations;
IC „La Strada” – International Center for Protection and Promotion of Women’s Rights LC – Law Center LCh – Licensing Chamber CPTW – Center for Prevention of Trafficking in Women CCF Moldova – Children, Community, Family Moldova NCPAC– National Center for Prevention of Abuse against Children IEG– Inter-ministerial Expert Groups NJI– National Justice Institute ILO – International Labor Organization ESI- Educational Science Institute MoJ – Ministry of Justice MoC – Ministry of Culture MEC – Ministry of Economy and Commerce MoE – Ministry of Education MYS - Ministry of Youth and Sports MH – Ministry of Healthcare MEAEI– Ministry of External Affairs and European Integration MLSPF – Ministry of Labor, Social Protection and Family MoI – Ministry of Interior IOM – International Organization for Migration OSCE – Organization for Security and Cooperation in Europe BOYW – Project “Better Opportunities for Youth and Women” UNDP – United Nations Program for Development PGO – Prosecutor General’s Office SIS – Service for Intelligence and Security CS – Customs Service BS – Border Service NRS - National Referral System TdH- Terre des Hommes THB – Trafficking in human beings UNIFEM- United Nations Development Fund for Women UNFPA – United Nations Population Fund
163 Trafficking in human beings and gender equality in Moldova
DECISION approving the Specific Additional National Plan for Prevention and Combating of Trafficking in Human Beings for the years 2010-2011 No. 1170 of December 21, 2010 Official Monitor No.259-263/1315 of December 31, 2010
*** Pursuant to the Law No. 241-XVI of October 20, 2005 on prevention and combating of trafficking in human beings (Official Monitor of the Republic of Moldova, 2005, No.164-167, art.812), with subsequent amend- ments and additions, the Government
DECIDES:
1. To approve the Specific Additional National Plan on Prevention and Combating of Trafficking in Human Beings for the years 2010-2011 (annexed). 2. Funds necessary to accomplish objectives provided in the Specific Additional Plan approved under Sec- tion 1 of this Decision shall be ensured by each line institution, in correlation with accomplishment terms, priorities and available resources, and will be included in their budgets. 3. Ministries, other central administrative authorities and local public administration authorities, respon- sible for the implementation of the planned measures, shall present to the National Committee for Combating Trafficking in Human Beings quarterly reports on the accomplishment of the National Plan on Prevention and Combating of Trafficking in Human Beings for the years 2010-2011.
PRIME MINISTER Vladimir FILAT
Countersigned: Deputy Prime Minister, Minister of Exterior and European Integration Iurie Leanca Deputy Prime Minister, Minister of Economy Valeriu Lazar Minister of Interior Victor Catan Minister of Labor, Social Protection and Family Valentina Buliga Minister of Education Leonid Bujor Minister of Healthcare Vladimir Hotineanu Minister of Culture Boris Focsa Minister of Informational Technologies and Communications Alexandru Oleinic Minister of Finances Veaceslav Negruta
Chisinau, 21 December 2010. No.1170.
164 Approved by Government Decision No.1170 of December 21, 2010 SPECIFIC PLAN additional to the Plan for Prevention and Combating of trafficking in human beings for 2010-2011 Structures responsible Sources Specific goals and Activities/ Term for accom- Strategic goals for Partners Expected results objectives sub-activities plishment budgetary other implementation 1 2 3 4 5 6 7 8 9 1. Investigating cases of involvement of public servants in trafficking in human beings, charging and convicting such persons Investigating Proving guilt and Consolidating the capaci- Ministry of Interior/ Permanent Investigated and cases of com- convicting public ties of law enforcement Center for Combating convicted cases of plicity by public servants, who have bodies in identifying Trafficking in Persons; trafficking in human servants in facilitated the crime public servants involved General Prosecutor’s beings crimes relating of trafficking in hu- in cases of trafficking in Office; Intelligence and to trafficking in man beings human beings Security Service human beings Collecting during crimi- Ministry of Interior/ Permanent Firm evidence col- nal investigation firm evi- Center for Combating lected dence proving the guilt of Trafficking in Persons; public servants involved General Prosecutor’s in cases of trafficking in Office; human beings Creating and monitoring General Prosecutor’s Quarterly Report Monitoring and an evaluation mechanism Office evaluation report for criminal proceedings submitted to the of trafficking in human National Commit- beings (commenced, tee for Trafficking in discontinued, finalized by Human Beings issuance of a sentence), where crimes have been facilitated/assisted by public servants, which would include keeping record of complaints/no- tices of such cases Intensifying cooperation Ministry of Interior/ International Permanent Civil society, includ- of law enforcement bodies Center for Combating Organization for ing mass-media, with the mass-media and Trafficking in Persons; Migration; cooperating with civil society in respect of Ministry of Labor, Center for law enforcement preventing impunity and Social Protection and Prevention of bodies in respect of combating corruption in Family; Trafficking in preventing impunity cases of trafficking in hu- General Prosecutor’s Women; and combating cor-
165 Updated normative acts
man beings Office civil society ruption in cases of organizations trafficking in human
166 and associations; beings mass-media in- stitutions Analyzing the causes and Ministry of Justice International 2010-2011 Accomplished study punishments applied for Organization for the crimes of trafficking Migration, Su- in human beings, also in preme Court of the light of the involve- Justice ment of public servants in facilitating/assisting crimes Creating an in- Improving the ex- Reviewing and, as the General Prosecutor’s Supreme Court Semester I Budgetary Developed draft laws tolerant attitude istent investigation case may be, making Office; of Justice 2011 funds towards any mechanism both proposals for legislation Center for Combating illicit involve- under legislative amendment (legislative Economic Crimes and ment of public and institutional review in respect of ap- Corruption; servants in perspective, in ac- plying proactive investi- Intelligence and Secu- cases of traffick- cordance with the gation measures, devel- rity Service; ing in human following principles: oping draft laws for the Ministry of Interior; Trafficking in human beings and gender equality in Moldova
beings efficiency, prompt- amendment of the Law on Ministry of Justice ness, complex (mul- investigation and search tidisciplinary) ap- activity and of the Crimi- proach, legality, ob- nal Procedure Code) servance of human rights and freedoms, continuity of crimi- nal proceedings Improving the exis- Reviewing the existent Ministry of Interior; Supreme Court Semester I Budgetary Accomplished stud- tent criminal pros- criminal prosecution Center for Combating of Justice 2011 funds ies; draft laws ecution mechanism system: evaluating the Economic Crimes and under legislative and possibility to exclude the Corruption; institutional per- criminal prosecution Customs Service; spective, with a view body from criminal pro- General Prosecutor’s to excluding useless ceedings; increasing the Office; elements leading and coordinating Ministry of Justice role of the prosecutor in criminal proceedings Improving Creating a function- Presenting to the National National Committee for 2011 Extra-budgetary Created and func- the informa- al centralized data- Committee for Trafficking Trafficking in Human sources tional database; tion collection base, operated by in Human Beings propos- Beings; members of Na- process with the Secretariat of the als for creating a mixed Ministry of Interior; tional Secretariat respect to cases National Commit- working group, formed Intelligence and Secu- trained in database of trafficking in tee for Trafficking in of representatives of the rity Service; management human beings Human Beings General Prosecutor’s Of- Frontier Guard Service; at all stages of fice, the Ministry of Inte- Ministry of Justice; criminal pro- rior, the Permanent Secretariat ceedings, in- Intelligence and Secu- cluding investi- rity Service, the Frontier gation, prosecu- Guard Service, with a tion, conviction view to examining the and sentences possibility to create a joint established for database of law enforce- persons found ment bodies, meant to guilty of crimes support the efforts to related to traf- collect information on ficking in hu- cases of trafficking in hu- man beings man beings at all stages of criminal proceedings, including information from state border-cross- ing spots Ensuring ac- Creating and devel- Developing an efficient General Prosecutor’s Semester I Budgetary Collaboration agree- cessibility and oping the national mechanism for informa- Office; 2011 funds ments and protocols exchange of centralized record- tion exchange between Ministry of Interior; containing provi- information keeping system for tasked institutions and Ministry of Justice; sions on data ex- on preventing data on trafficking in involved nongovernmen- Ministry of Labor, change and combating human beings tal organizations Social Protection and trafficking in Family human beings at national and international levels Establishing joint indica- Ministry of Interior; Established joint tors for keeping track of Ministry of Justice; indicators data on persons involved Ministry of Labor, in trafficking in human Social Protection and beings Family; General Prosecutor’s Office
167 Updated normative acts Creating an intercon- General Prosecutor’s Semester II Budgetary Developed system
168 nected system between Office; 2011 funds institutions tasked with Ministry of Interior; the investigation, criminal Center for Combating prosecution and trial of Economic Crimes and criminal cases relating Corruption to trafficking in human beings 2. Assistance and protection of victims of trafficking in persons Granting as- Identifying and pro- Increasing financial al- Ministry of Finances; 2011 An increase Increased financial sistance and tecting children and lotments for the co-fi- Ministry of Labor, by 555,1 allotments protection to adults – victims of nancing of the Center for Social Protection and thous Lei victims of traf- trafficking in human assistance and protection Family ficking in hu- beings of victims and potential man beings victims of trafficking in human beings in accor- dance with the Budgetary Framework for the years 2011-2013 Allotting financial means Ministry of Finances International 2011 100 thous Allotted funds Trafficking in human beings and gender equality in Moldova
in accordance with the Organization for Lei Budgetary Framework for Migration; the years 2011-2013 for “Terre des Hom- the purpose of repatriat- mes” Founda- ing unaccompanied chil- tion; Interna- dren, as well as children tional Center “La and adults - victims and Strada” potential victims of traf- ficking in human beings and trafficking in illegal migrants Expanding international Ministry of Interior; International 2010-2011 Concluded and collaboration in the field Ministry of Labor, Center “La executed bilateral with a view to identifying Social Protection and Strada” agreements; devel- and protecting possible Family; oped international victims of trafficking in Intelligence and Secu- collaboration human beings, also by rity Service means of entering into bilateral agreements in this respect Rendering repatriation Ministry of Labor, 2010 100 thous Rendered repatria- services to unaccompa- Social Protection and Lei tion services nied children, as well as Family 2011 100 thous to vulnerable persons Lei abroad, to victims of traf- ficking in human beings (adults and children) and of trafficking in illegal migrants Institutional protection of Causeni Rayon Council; 2011 373,5 thous Ensured institutional persons from the Transd- Territorial Causeni Lei protection for vic- niestrian region who have Commission for com- tims of trafficking in suffered from trafficking bating trafficking in human beings from in human beings human beings the Transdniestrian region Improving the pro- Operating amendments Ministry of Interior 2011 Number of reviewed tection system for in legislative and nor- and adjusted legisla- children-victims of mative acts in order to tive acts in respect trafficking in human regulate and adjust proce- of the hearing pro- beings, encouraging dures for hearing minors- cedure for victims of law enforcement victims of trafficking in trafficking in human bodies to request human beings in special- beings consultations from ly-equipped premises, NGO experts by means of a specialist (psycho-pedagogue) and, as the case may be, with the participation of the criminal prosecution of- ficer, of the prosecutor or of the judge 3. National and international cooperation Improving co- Implementing the Expanding the National Ministry of Labor, International 2010 Extra-budgetary Training person- operation be- provisions of the Referral System to five Social Protection and Organization for sources nel and accordingly tween territorial National Referral rayons Family Migration; equipping workplac- commissions System (NRS) Strat- UN Population es for five multidisci- for combating egy for the protec- Fund plinary teams trafficking in tion and assistance human be- of the victims and ings and law potential victims of enforcement trafficking in human bodies beings, approved by Parliament Decision No. 257-XVI of De- cember 5, 2008
169 Updated normative acts On-going monitor- Continuing joint work Secretariat of the Na- International Permanent Extra-budgetary Number of work
170 ing of the activity of sessions of territorial tional Committee for Organization for sources sessions within terri- territorial commis- commissions with the Trafficking in Human Migration; torial commissions; sions for combating representatives of law Beings; Organization number of minutes; trafficking in human enforcement bodies, lo- territorial commissions for Security and number of on-site beings and training cal public authorities andfor combating traffick- Cooperation in visits their members civil society ing in human beings Europe Organizing training and Secretariat of the Na- International Permanent Extra-budgetary Number of trained good practice exchange tional Committee for Organization sources members of territo- seminars for territorial Trafficking in Human for Migration; rial commissions commissions Beings; Organization territorial commissions for Security and for trafficking in human Cooperation in beings Europe Signing multilateral Developing and applying National Committee for Semester I Developed and ap- cooperation memo- a template multilateral co- Trafficking in Human 2011 proved template randums between operation memorandum Beings; multilateral coopera- entities in the field of (typified document) territorial commissions tion memorandum prevention and com- for combating traffick- bating of trafficking ing in human beings; Trafficking in human beings and gender equality in Moldova
in human beings Ministry of Interior; (territorial commis- Center for Combating sions for combating Trafficking in Persons; trafficking in human Ministry of Labor, beings, multidisci- Social Protection and plinary teams and Family; NGOs present with- nongovernmental orga- in the territories) nizations and law enforcement bodies of territorial level Negotiating and adopting National Committee for 2010- 2011 Number of negotia- the multilateral coopera- Trafficking in Human tions; adopted mul- tion memorandum Beings; tilateral territorial commissions memorandum for combating traffick- ing in human beings; Ministry of Interior; Center for Combating Trafficking in Persons; Ministry of Labor, Social Protection and Family; nongovernmental orga- nizations Organizing periodi- Holding periodic meet- National Committee for Permanent Number of work cal meetings of ter- ings with the participa- trafficking in human sessions; number of ritorial organizations tion of territorial com- beings; meetings; experience in the field of anti- missions for combating territorial commissions sharing between trafficking with a trafficking in human be- for combating traffick- territorial commis- view to coordinating ings and law enforcement ing in human beings; sions for combating actions and improv- bodies, during which Ministry of Interior; trafficking in human ing collaboration there should be addressed Center for Combating beings problems and/or system Trafficking in Persons; innovations pertaining Ministry of Labor, to prevention and com- Social Protection and bating of trafficking in Family human beings, requiring interventions at the level of municipal/ rayon poli- cies and/or at legislative level Discussing/joint solving National Committee for Permanent Work sessions; of cases of trafficking in Trafficking in Human roundtables; sharing human beings which, Beings; good practices due to their complexity territorial commissions or gravity, require the for combating traffick- intervention of decision- ing in human beings; makers from territorial Ministry of Interior; commissions for combat- Ministry of Labor, ing trafficking in human Social Protection and beings Family 4. Awareness-raising and information Organizing Awareness-raising Accomplishing aware- Ministry of Labor, International 2011 From partner Children from resi- awareness- of public at large on ness-raising measures in Social Protection and Organization for resources dential institutions raising and prevention of traf- residential institutions Family Migration; informed on the population in- ficking in human for children, by means of Center of child’s subject of preven- formation cam- beings social theatre (interactive rights informa- tion of trafficking in paigns, targeted peer-to-peer educational tion and docu- human beings and at children tool) on the subject of mentation violence from residential trafficking in human be- institutions and ings and violence most vulner- able population layers
171 Updated normative acts Organizing informative Ministry of Labor, International 2011 Informative ma- Children from resi-
172 and orientation sessions Social Protection and Organization for terials offered by dential institutions with regard to the dangers Family; Migration the International informed on the of trafficking in human territorial multidisci- Organization for dangers of traffick- beings for graduates of plinary teams Migration ing in human beings residential institutions; distributing informative materials Society awareness-raising Ministry of Culture 2010-2011 Number of shows with regard to traffick- and spectators, of ing in human beings by exhibitions and visi- means of cultural and tors artistic works Organizing and holding Ministry of Interior; 2011 Number of orga- awareness-raising cam- Ministry of Labor, nized and held paigns for minors with Social Protection and awareness-raising respect to the risks and Family campaigns consequences of traffick- ing in children Informative campaign Ministry of Youth and Members of the 2010 30 thous Lei Central and local Trafficking in human beings and gender equality in Moldova
“Youth is a resource” Sports National Com- public authorities; mittee for coor- institutions in the dinating activi- field of education ties dedicated to and science, com- the International mercial entities, Year of Youth entrepreneurs and (2010-2011) businessmen in- formed and aware of the possibility to ex- ploit the potential of children and youth; informed children and youth on the subject of trafficking in human beings Updated normative acts
18. DECISION regarding the approval of the National Programme on Ensuring Gender Equality during 2010-2015 No. 933 of 31.12.2009 Published : 19.01.2010 in Monitorul Oficial No. 5-7 art. No.: 27
*** Pursuant to art.17 of the Law no.5-XVI dated 9 February 2006 on ensuring equal opportunities between women and men (Monitorul Oficial of the Republic of Moldova, 2006, no.47-50, art.200), with further amend- ments, and in order to ensure gender mainstreaming in policy documents of all areas and all levels of decision making and enforcement, Government DECIDES:
1. To approve: National Programme on Ensuring Gender Equality during 2010-2015, pursuant to Annex 1 herewith; Action plan for implementation during 2010-2012 of the National Programme on ensuring gender equality during 2010-2015, pursuant to annex 2 herewith. 2. It is set forth that fulfilment of this National Programme shall be ensured by means of two mid-term action plans, that whill be implemented by line authorities during 2010-2012 and 2013-2015. 3. Ministries, other central public authorities will implement provisions of the National Programme on en- suring gender equality during 2010-2015 and inform, on an yearly basis, the Ministry of Labour, Social Protec- tion and Family about the level of its implementation (by 15th of February). Concurrently, it is recommended to local public authorities to ensure implementation of afore-mentioned Programme at local level. 4. Upon presentation (by 1 December 2012) of a summarized report on the implementation of the first action plan, the ministries and other central public authorities will submit to the Ministry of Labour, Social Protection and Family proposals for the development of the second action plan for 2013-2015 in view of ensur- ing full implementation of strategic objectives of the National Programme. 5. The Ministry of Labour, Social Protection and Family shall bear responsibility for monitoring and co- ordination of the implementation of the National Programme on Ensuring Gender Equality during 2010-2015 and shall report to the Government on its implementation once per year (by 1 March). 6. The Governmental Committee for equality between women and men shall be responsible for the fulfil- ment of this decision.
PRIME MINISTER Vladimir FILAT
Countersigned: Deputy Prime Minister Ion NEGREI Minister of Labour, Social Protection and Family Valentina BULIGA Minister of Education Leonid BUJOR Minister of Interiors Victor CATAN Minister of Health Vladimir HOTINEANU Minister of Finance Veaceslav Negruţă
Nr. 933. Chişinău, 31 December 2009
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Annex no.1 to Government Decision No.933 of 31 December 2009
NATIONAL PROGRAM on ensuring gender equality in the Republic of Moldova for the period 2010-2015
I. PROBLEM IDENTIFICATION
1. The national Program on ensuring gender equality in the Republic of Moldova for the period of 2010- 2015 (hereinafter referred to as national Program) provides for a comprehensive gender equality mainstream- ing in the policy documents in all areas and at all levels of decision making and implementation. The goal of this program is to ensure promotion of gender equality in economic, political and social life of women and men, being fundamental for ensuring human rights for all citizens in the country. 2. The need for elaboration of the present national Program is defined by the visible deficiencies in the field of ensuring equality between women and men as well as by the need of the implementation of multi- sectoral policy documents, which would take into account women’s and men’s needs in society and reduce the existing imbalance in the context of national efforts to eradicate poverty and reform the public sector as a means of promoting and guaranteeing fundamental human rights. 3. Implementation of the national Program will foster de jure and de facto gender equality as an integral part of the process of establishing of a real gender sensitive democracy, having as prerequisite ensuring partici- pation of society’s members, women and men, in all areas of life. Adoption of the present Program will enable better use and targeting of financial means in order to implement varous gender sensitive sectoral policities, having thus a positive impact on the quality of life of all citizens. 4. Implementaiton of the present national Programme will contribute towards fulfilment by the Republic of Moldova of both national and international commitments assumed in the context of strategic objectives in the field of ensuring human rights with emphasis on ensuring gender equality. 5. International, regional and national normative framework on gender equalityThe normative frame- work, which forms the basis of policies and actions in the field of gender equality in the Republic of Moldova, is based on the appropriate international documents the country is a party to, particularly: the Universal Dec- laration of Human Rights (1948), the Convention on the Political Rights of Women (1952), the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Beijing Platform and Action Plan (1995), the Millennium Declara- tion (2000), the corresponding Conventions of the International Labor Organization etc. 6. Orientation of the Republic of Moldova towards European integration, governs adherence to the cor- responding instruments in the field: the Amsterdam Treaty (1999), the revised European Social Charter (1996), the Declaration on Equality between Women and Men as a Fundamental Criterion of Democracy adopted at the IVth European Ministerial Conference on Equality between Women and Men (Istanbul, 13-14 November 1997), the Declaration and Action Plan adopted at the IIIrd Summit of the Heads of State and Government of the Member States of the Council of Europe (Warsaw, 16-17 May 2005), the Resolution on Achieving Gender Equality: a Challenge for Human Rights and a Prerequisite for Economic Development adopted at the 6th Euro- pean Ministerial Conference on Equality between Women and Men (Stockholm, 8-9 June 2006), the Roadmap for Equality between Women and Men (2006-2010), the Recommendation CM/Rec (2007) 17 of the Commit- tee of Ministers to Member States regarding the standards and mechanisms for ensuring gender equality etc. 7. Taking into account adherence and alignment of the Republic of Moldova to the afore-mentioned documents, a number of strategic actions have been undertaken by the Parliament and the Government in order to bring the national normative framework in line with international standards in the field of gender equality. Thus, the Constitution of the Republic of Moldova proclaims equality of women and men before the law. Adoption of the Law No. 5-XVI of 09.02.2006 on ensuring equality between women and men, the National Plan for promotion of equality between women and men in society for the period 2006-2009 (Government decision No. 984 of 08.09.2006) has lead to establishment of a specific regulatory framework in the field. This subject has been reflected in other national documents as well: the Reproductive Health Strategy ap- proved by Government decision No. 913 of 26.08.2005, the National Development Strategy 2008-2011 (Law
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No. 295-XVI of 21.12.2007), the Action Plan for the implementation of the National Development Strategy 2008-2011 (Government decision No. 191 of 25.02.2008), etc.
Country Situation: Tendencies and Problems
8. The normative framework presented above creates the necessary prerequisites for the development of the corresponding policies in the field of gender equality. Institutional mechanism with specific compe- tences, such as the Government Commission for Equality between Women and Men, the Department on policies to ensure gender equality and violence prevention within the Ministry of Labour, Social Protec- tion and Family, gender focal points within certain line ministries were established in the republic. During the last years periodically there was a certain progress in promoting gender equality manifested through an increase in the number of women in decision-making positions, carrying out of programs to raise public awareness, to develop skills of specialists with the competences in the field, etc. According to the 3rd Global Gender Gap Report, launched at the World Economic Forum (2008), the Republic of Moldova is placed in the top 20 out of 130 countries in terms of the level of gender equality implementation. 9. At the same time, despite the adoption of the normative framework with regard to ensuring gender equality, there are many problems faced within its practical implementation.
Employment and Labor Migration 10. The economic growth of last years was followed by an increase in the number of work places. Thus, in 2008 the employment rate among men both in urban and rural areas was higher than the employment rate of women (48,6% and 42.7% versus 62,0% and 39,5% respectively) regardless the fact that the share of women among students is higher (58,9% of total). At the same time, although the unemployment rate for men is higher (in 2008- 4,6%) compared to women’s (3,4%), women face more difficulties on the labor market due mostly to gender specifics. Women’s share in the inactive population is higher than men’s, representing 55,3%. 11. The insufficient professional orientations, the persistence of gender stereotypes prevent the choice of professions with male predominance. Low wages are the main explanation of the decreased attractiveness of the labour market in Moldova. There are gender pay gaps between women’s and men’s on the labour market. Thus, in 2008 women’s monthly average wage represented 73,3% of men’s wage or 2134 lei, compared to men’s wage of – 2910,1 lei. In 2008 the monthly average wage per economy amounted to 2529,7 lei. 12. The wage gap between men and women is explained by several factors. The main factors that make dif- ferences in the labor remuneration for men and women are horizontal and vertical segregation. Thus, almost half of the women from rural areas are hired in the agricultural sector, where they practice less skilled works, thereby, earning less than men who have qualified jobs. Another factor in women & men’s wage gap is that there are spheres were women prevail - “female activities” (education, health), where salaries are lower compared to the sectors where men prevail (construction, transport). Additionally, women are under-represented at the top of the professional pyramid. Or, particulary the wages of top managers was increased during the last period. The number of women exceeds the number of men in the low rank category of officials. Finally, the existing pay gap in the republic entails preservation of a low accrual of pension benefits which in turn directly imact the level of pensions and welfare of women and men. 13. Experts indicate the need for the analysis of migration through a gender lens, as currently there is an increased risk for women to be subject to discrimination. International studies on this issue show that this risk increases because of the attitude towards migrants in general, as well as because gender attitudes and per- ceptions have hardly changed. Furthermore, men have greater employment opportunities, starting with low- skilled works and ending with highly skilled ones. Women can be employed in a limited number of occupations that are associated with traditional gender roles, such as: work in the household (housekeeper, maid, babysit- ter), in agriculture, hotel services and leisure activities. Women migrant workers suffer, in fact, due to double discrimination at work: first of all, because they are foreign people and, thus, suffer from the same forms of discrimination as migrant-men; secondly, because they are women and, thus, may become victims of violence or trafficking both in the migration process and on the labour market in the destination countries. Moreover, being employed abroad, in sectors, which do not match their qualifications, education and capacities, they often degrade or lose their professional qualifications. Upon elaboration of migration policies it is necessary to pay due attention to the aspects of ensuring rights and fundamental freedoms of migrants, migrants’ protec-
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tion, especially women’s, against discrimination and providing solutions for strengthening the mechanisms of applying/abiding by the provisions of international legislation, including CEDAW Convention. 14. Pursuat to the data of the National Bureau of Statistics, in 2008 the number of people declared being left to work or looking for work abroad was about 309,7 thousand people, which constitutes 18,9% of the total inac- tive population of 15 years old and above. About 2/3 of migrants were men and this fact requires reassessment and mainstreaming gender in the professional orientation programs and employment policies. 15. The level of migration of Moldovan labor force is conditioned by several socioeconomic aspects: small incomes that do not cover the needs, minimal employment opportunities in the specialty regardless of a rela- tively high educational level, favorable geographical position and, not least of all, high demand on the foreign labor market. One of the determining factors is that many economically active persons fail to find an adequate job, which would allow them to survive and to support families in their states (according to the household budget survey data - 40% of the respondents) etc. Other factors include: demographic changes, economic crises and increased difference in incomes among states, as well as between developed and developing coun- tries. Compared with previous periods, there was attested a relatively stable level of the migration process for women and men. Thus, according to data of the National Bureau of Statistics, in 2006 women constituted 112,3 thousand (36,21 %) out of 310,1 thousand migrant. In 2007 the number of women migrant constituted 116,3 thousand (34,65%) of the total number of migrants. A slight decrease in the total number of migrants was reg- istered in 2008, when this number reached 309,7 thousand, women constituted 108,3 thousand or 34,96%. The migration of mothers and fathers has a significant negative impact on the children left without parental care. It was recorded: school abandon children’s confrontation with emotional problems, psychological abuse and consumption of alcohol and various substances. 16. Identified priority issues: a) limited possibilities for women to participate in the labor market (lack of job offers for women with small children, age and gender-based discrimination upon employment); b) persistence of professional segregation and wage gap between women and men; c) increased number of migrants subject to the risk of discrimination, particularly young women, facing the risk of becoming victims of violence and human trafficking; d) migration of fathers and mothers, having a negativ impact on children without parental care; e) significant transformation of family institute that affects concurrently women, men and children.
Budgeting 17. Gender mainstreaming into the budgetary process can contribute to reorientation of state budget ex- penditures towards the implementation of topical social issues, taking into account the needs and interests of all citizens of the country, regardless of sex, elimination of discrepancies between the promoted policies and the way of spending of public funds. GRB analysis of policies in all the fields is as a necessary tool that guarantees the principle of gender equality in resources allocation and distribution. 18. At present, analysis of the impact of public expenditures on women and girls and men and boys has become a global trend. Thus, Recommendation CM/Rec (2007) 17 of the Committee of Ministers to Member States regarding the standards and mechanisms for ensuring gender equality provides as elements of political will and commitment of States to ensure de facto promotion of gender equality, allocation of adequate financial resource to programs, projects and initiatives for achieving gender equality and women’s empowerment and using GRB in policies in all the fields. 19. In this context, capacity builiding of representatives of central and local public authorities, academia was undertaken; three case studies were developed on the following topics: “Vulnerability of woman caring for children with disabilities in single-parent families in Falesti region”, “Formal and informal aspects of home- based care of elederly people from Singerei region” and “Reducig the pay gap: the value of women’s and men’s work in education and police in the Republic of Moldova: Taraclia region”, with the purpose of ana- lysing local budgets through gender lens. At the same time, the implementation of gender budgets encounters a number of difficulties, among which: gender blind social standards and financial norms, lack of gender analysis of the draft budget; limited (human and technical) capacity of specialists responsible for budget elaboration in terms of using the principle of gender equality in the budgeting process; non-inlcusion of gender dimension in the development of branch budgets; lack of gender sensitive indicators that can be used when evaluating the
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impact of public expenditures for the implementation of the National Program on ensuring gender equality; limited involvement of the civil society representatives in budget development and monitoring processes.
20. Identified priority issues: a) gender-blind social standards and financial norms used in the budgeting process; b) poor awareness of population and specialists of the basics and essence of gender responsive budgeting
Participation in Public and Political Decision-Making Process 21. The Republic of Moldova registers a positive dynamics in women’s involvement in the public and politi- cal decision-making process. Thus, in 2008 a woman was holding the post of Prime-Minister, 29,4% of women are represented in the Cabinet of Ministers, at the same time 17,5 % of mayors are women. At the same time women comprised 21,8% of Members of Parliament. It the meantime, they continue to be underrepresented both in the electoral, political, and decision-making processes or the numbers mentioned above don’t reflect the demographic population structure, where women represent 51,9% and men – 48,1% of the population. It is important to support and consolidate the upward trend in the number of women involved in political activity. The main factors of positive changes in the field include: modification and adjustment of the legisla- tion; observance of international commitments; application of policies and programs meant to influence the population’s mentality regarding gender roles of women and men in society and in the family; elimination of gender stereotypes and structural barriers, (such as insufficient pre-school child care services, care services for disabled/older people, non-flexible work schedule of women and men.). Moldovan women still face discrimi- nation as compared to men in political and public activity, mostly determined by the gender stereotypes and existence of sexism. 22. Identifed priority issues: a) under-representation of women in decision-making positions in political and public life b) existence of cultural, economic and social structural barriers to promotion of women in decision- making positions in political and public life
Social Protection and Family 23. The social assistance system, both in its classical and modern forms, is based on the patriarchal model of society, where women are in charge of unpaid care of the elderly, children, and ill people, as well as they are more actively involved in public and community activities. This model based on the idea that in the family there is both income obtained as a result of paid work, and unpaid care clearly limits social, political, and economic par- ticipation of women, who are mainly providers of unpaid care, as well as reduce men’s role in the private sphere. However, together with the promotion of gender equality in the Republic of Moldova, where women and men must enjoy equal rights both in public and private lifes, including promotion of women’s active participation in the labor market, this model loses its meaning and requires adjustment in order to avoid conflicts between the social assistance and the employment policies, and the principle of gender equality promotion. 24. The effective legislation on the state social security does not contain any discrimination on the basis of sex in the quality of taxpayer and beneficiary of social benefits (pension, allowance). However there are gender differences in the size of social benefits. During 1 January 2008 – 31 December 2008 women involved in the national economy have benefited from an old age pension of 812,33 lei, while men’s average old age pension was of 1147,68 lei. 25. The small amount of women’s pension benefit is conditioned by the income from which state social se- curity payments were paid and by the accomplished period of contributions. The contribution made by women in the national economy is 5 years and 01 month less than the contribution made by men. Difference in men’s and women’s period of contributions is formed on account of the age pension established differently: for men - 62 years and for women - 57 years as well as on account of differences between the periods of voluntary and forced labor disruptions, which are included or not in the period of contributions . Women, more frequently than men, use social disruptions: paid leave for child care until a child reaches 3 years of age and additional unpaid leave for child care until a child is 3-6 years old. Thus, responsibilities for children rearing are mainly due to women, not being shared fairly. 26. Analysis of the social protection field shows that gender differences of the retirement age and the life ex- pectancy at retirement are disadvantageous for both men and women. Life expectancy of men having reached
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the retirement age is quite low, what is respectively limiting the men’s chances to benefit from contributions they have made during their life. The woman is in charge of preserving traditional forms of distribution of household responsibilities, and the early retirement of women to a certain extent compensates household work, birth and education of chil- dren. At the same time, gender pay gaps and insurance period between women and men (to the disfavor of women) leads to an increased vulnerability of insured women, who will benefit from a pension smaller as compared to that of men in the future. 27. Identified priority issues: a) double burden of women in family and professional life; b) women as the main care-giver and social protection services, mostly based on traditional stereotypes; c) discrepancies between pensions of men and women;
Health care 28. The general age of the Moldovan population is increasing. According to the data from the National Bureau of Statistics, on 1 January 2008 the life expectancy at birth constitutes 65,55 years for men and 73,17 years for women, gender discrepancies being evident. At the age of 60 the life expectancy of women is 3,4 years longer than men’s in urban areas and in rural areas – is 3 years longer. Despite substantial measures undertaken within the last years in order to improve health of women and men, there is still a number of economic, health and social problems that affect health of the population. Thus, women from rural areas have a more limited access to quality reproductive health services, which increases the magnitude of health problems. One of the health and social problems that seriously affect maternal health is a high frequency of pregnancy interruptions, the majority being done by outdated methods or in unsafe conditions. Abortion is also used as a method of controlling fertility because of inadequate access to information on contraceptive methods and a large number of accident and undesired pregnancies (in 2008 the abortion ratio was 376 abortions per 1000 live births). In 2008 the number of pregnancy interruptions increased insignificantly in comparison with the year 2007, over 75% of them were made among women in the age range of 20 to 34 years. Maternal mortality is still a priority issue, representing 38,4 of deaths per 100 000 live births in 2008. 29. Social diseases are in the foreground as well. Vicious behavior, and namely alcohol abuse, constitutes a health and social problem of increasing importance, which, according to WHO, is the most important risk fac- tor out of the 10 factors identified in the Republic of Moldova. Thus, on 1 January 2009 under medical supervi- sion there were registered: 46100 chronic alcoholists, of them: 38600 men (83,7%) and 7500 women (16,3%). Around 60% of chronic alcoholists are from rural areas (women 62,3%, men 66,4%). According to the estimates of specialists, the most important index that describes the situation of alcoholism among women and men in any country is the incidence of alcoholic psychosis, which in Moldova in 2008 constituted 21,7 cases per 100 000 inhabitants (in 2007 – 23,0 cases per 100 000 inhabitants). 30. In 2008, the overall death rate of population per 1000 inhabitants represented 11,7; for men – 12,7 and for women – 10,8.General mortality rate of the population from trauma and poisoning per 1000 inhabitants is 0,9; for men – 0,7 and for women – 0,2. Also, significant is the fact that if in the structure of general mortality the share of men represented 51,9% than the cause-specific mortality ratio for people able to work by sex and age – 74,9 % of men and only 21,1% of women. Traumas and intoxications are the main share in the mortality structure among men. 31. Based on the afore-mentioned facts, it is necessary to ensure the elaboration and orientation of health policies towards the needs of women and men, conditioned by both biological and socio-economic and cul- tural aspects. 32. Identified priority issues: a) high mortality rate among men due to traumas and intoxication; b) increasing alcohol addiction among women and men, especially among men; c) higher level of abortions, post-natal complications and maternal mortality in rural areas.
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Education 33. The normative framework provides for equal access of boys and girls to education. Although most of children are enrolled in schools, the educational system doesn’t contribute to the revaluation of individual po- tential of each girl or boy. 34. At the same time, the lack of kindergartens, especially in rural areas, affects children, educational sys- tem, parents, and particularly mothers. For, this fact prevents women from employment, creates obstacles in their professional development and advancement, harmonization of family and professional responsibilities. Under conditions when there are no sufficient places in pre-school institutions, and parents are involved in dif- ferent labor activity (agricultural work, retail trade, etc.), usually, elder girls take care of younger siblings, thus, having limited possibilities to build their own capacity. 35. The education system is in proportional relationship with gender segregation in the labor market. Simi- larly, there is a gender attitude of teaching staff towards pupils in teaching and evaluation processes, as well as in students’ involvement in certain extracurricular activities, including professional orientation. The persistence of gender stereotypes in education generates traditional male and female models, often being ignored indi- vidual differences and personal skills of girls and boys. 36. Differences in enrollment of boys and girls in general secondary education are siginificant. Thus, men represent the majority of students enrolled in secondary vocational education (65,7%) for the academic year 2007-2008 (in comparison with the academic year 2006-2007, when those represented 64%). Women represent over 56% of college students and in higher education the proportion of women is 58,9 %. Over 60% of PhD and postdoctoral students from universities (academic year 2007-2008) are as well women. 37. At the same time, there is a lack of teachers in rural areas, the massive migration of teachers abroad, gender discrepancies at the level of specialists; significant feminization of teachers (in 2007/2008 there were 80,8% of women among teachers in primary and secondary general education; 50,0% - in secondary voca- tional education; 70,0% - in secondary specialized education and 54,7% in higher education). But, even though women constitute the majority of teachers, men continue to hold higher positions, being those who take im- portant decisions. Thus, according to the available data within the Ministry of Education, the situation regard- ing the gender representation of people in decision-making positions is the following: women constitute only 4 persons or 13% out of 29 of rectors of higher education institutions from the republic (both state and private); women constitute 15 persons or 32 % out of 46 directors of colleges; women number 13 persons or only 20% out of 67 directors of vocational and trade schools. Feminization of the educational system is a consequence of low wages, significant men’s withdrawal from this field, existence of a stereotype that women are responsible for the child care and education. 38. Identified priority issues: a) existence of gender stereotypes in educational process b) feminization of the educational system in the Republic of Moldova
Violence and Human Trafficking 39. Currently, a specialized normative framework has been adopted in the field of violence and trafficking. Institutional structures with specific competences have been created: Division of policy on ensuring gender equality and violence prevention within the Ministry of labour, social protection and family, national Com- mittee to Combat Trafficking in Human Beings, inter-ministerial group on domestic violence. The National Referral System (NRS) for protecting and assisting victims and potential victims of human trafficking has been created, the network of services addressed to victims of trafficking and violence is gradually developed, an in- tegrated automated information system of cases of domestic violence is being developed. 40. At the same time, there is low level of public awareness about the problem of domestic violence as a violation of human rights; low level of specialists’ training in various fields related to identification, registra- tion, and referral of cases of domestic violence; insufficient qualified human resources and financial resources to assist victims of domestic violence and to work with violence aggressors; lack of mechanisms for identifying, approaching, and settling the phenomenon of sexual harassment; insufficient services for victim assistance and protection; lack of services of re-socialization of family aggressor; imperfection of the mechanism for monitor- ing and evaluating violence and human trafficking. 41. Experts in the field indicate persistence of violence against girls and boys in the educational system. Thus, 30% of children mentioned that they were verbally assaulted by teachers, 13% - physically abused, 24
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% - discriminated (especially those from poor families). Two out of ten children ascertained being subjected to verbal abuse in their family, father more often being the source of it (UNICEFF study, 2007). 42. Statistics do not adequately reflect this phenomenon. Thus, during 2008 there have been recorded by police authorities in the republic 63 infringements affecting family relationships (compared with 30 cases re- corded in 2007), of which: murders - 30 (in 2007 - 14 cases), serious physical harms -33 (in 2007-16 cases). Of the total number of 28236 claims examined by the police, 2992 (or about 10,5%) refer to family relationships. There were drawn up 1746 administrative reports; there are 4761 family scandals under police supervision. Meanwhile, system for collecting data doesn’t take the gender dimension into account, which prevents develop- ing relevant policy documents. 43. Experts indicate that domestic violence often is the reason of trafficking of women/girls. IOM data shows that around 70% of victims of trafficking, who benefited from assistance, were victims of domestic vio- lence. Thus, there is a need for a comprehensive approach in settling these phenomena. 44. Identifed priority issues: a) persistence of domestic violence against women and girls; b) persistence of violence against girls and boys in the educational system; c) existence of sexual harassment of women at work; d) trafficking in women and girls as a consequence of domestic violence.
Public Awareness Raising 45. According to the analyses of gender equality reflections in Moldovan mass media, more and more gender-related materials have appeared in the written press within the last year, which is very good. Another side of the coin – materials with tendentious, discriminatory, and sexist contents – is quite often as well. Studies demonstrate that of the articles reviewed, only 20% represent men and women equally, 63% - professional men, between 3% and 27% - professional women. Images presenting men prevail over the total number of pictures (27% - men, 17% - women). Professional men are represented exclusively in their professional environment. A mixed picture of women and men is, at an average, 17%. Pictures of professional women represent them in the private sphere, in a relaxed atmosphere, which is irrelevant to professional activities. Some publications exhibit very few pictures of professional women (1-2%) or are just limited to pictures of women in show business (thus, being more emphasized their physical aspect than their professional valuation). 46. Most often, authors do not intend to denigrate women as a social group or to show superiority of men, but due to stereotypes these differences in tendentious treatment of women and men are still frequent. Experts consider that due to insufficient knowledge in the field and, especially implicitly, to gender insensibility, adver- tising agents keep on producing interpretable, stereotype and discriminatory images. Another explanation of these consists in the fact that the audience is interested namely in such images too. 47. Despite certain evident progress related to professionalization and institutionalization of the gender discourse in Moldova, the conclusions are at all joyous: total lack of sustained campaigns to continuous and constant promotion of women’s rights and the principle of equal opportunities; information /studies /analyses related to the principle of equal opportunities are summarized, and the existent data addresses, in general, a limited and sometimes even specialized audience; training of media representatives in the field is insufficient. 48. Identified priority issues: a) unbalanced representation of women and men in mass-media; b) use of a sexist, stereotyped image of women in advertising.
II. GENERAL AND SPECIFIC OBJECTIVES, PRINCIPLES OF THE PROGRAM
49. The present national Programaims at identifying and promoting a complex vision of opportunities, conditions, and methods of efficient implementation of gender equality in the Republic of Moldova. 50. General Objectives of the national Program: a) conceptualization and grounding of the state policy on gender equality as a pre-requisite of sustainable development of the country and creation of adequate conditions to increase the quality of population’s life; b) gender mainstreaming in policies of all areas and at all levels of decision making and implementation;
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c) provision of mechanisms for implementation of the effective normative framework in the field; d) ensuring of an efficient management of gender equality implementation at national and local levels; e) public awareness raising on prevention and elimination of prejudices, gender stereotypes and conditions entailing gender-based discriminatory situations; f) enhancing of the inter-trans-disciplinary analytical activities in the field of gender equality; g) consolidation of the dialogue and partnerships between public authorities, civil society, and other stake- holders;
51. Specific Objectives
Employment and Labor Migration: a) Increase employment among women and reduce gender wage gap; b) Eliminate all forms of gender-based discrimination on the labour market; c) Promote women’s economic empowerment in rural areas; d) Mainstream gender into the implementation of policies on migration management.
Budgeting a) Development of gender responsive budgeting (GRB) concept/vision in the context of the Republic of Moldova; b) Promotion of GRB into budgetary process at the national and local levels.
Women’s participation in Decision Making Increase women’s representation in the decision making positions in political and public life.
Social Protection and Family a) Increasing significance of maternity and paternity and promotion of equal sharing of family responsibli- ties by men and women; b) Improve social protection of women in their capacity of informal home caregivers; c) Diminish the gap between the pensions of women and men.
Health Care a) Mainstreaming gender into health policies; b) Narrowing and closing gender gap in life expectancy at birth of women and men; c) Reduce socio-economic factors leading to maternal mortality, especially among women from rural areas.
Education a) Mainstreaming gender equality into education policies and education process; b) Reduce feminization of educational system in the Republic of Moldova.
Violence and Human Trafficking a) Annihilate domestic and gender based violence as well as the trafficking in human beings, particularly in women and girls; b) Combat any manifestation of violence cases against girls and boys in the educational system; c) Improve services for the rehabilitation and reintegration of victims of trafficking and violence, especially women and girls.
Public Awareness Raising a) Encourage projection of positive images of women and men and of their equal status and responsibilities in the private and public spheres;
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b) Combat sexist image of women in advertising and media; c) Enhance awareness among women and men, girls and boys of their human rights.
52. The following principles shall be observed in the course of implementation the present national Pro- gram: a) the principle of non-discrimination and equal opportunities in providing girls and boys, women and men with equal access to observance of their civil, political, economic, social, and cultural rights; b) the principle of decentralization and responsibilities of all types of communities (local, social-and-pro- fessional, cultural, etc.) for promotion and implementation of gender equality; c) the principle of proportional accessibility of women and men to social benefits, especially of the people from disadvantaged groups; d) the principle of using non-sexist language in official documents, especially in legal texts, politicy docu- ments and of promoting a language reflecting gender equality principles; e) the principle of optimal correlation of all educational dimensions: intellectual, aesthetic, moral, physical and professional, that include gender aspects. f) the principle of balanced participation of women and men in political and public life, which ensures development of a participatory democracy and of a more receptive and responsible governance; g) the principle of allocating adequate human and financial resources to policies to ensure gender equality and to empower women, which guarantees de facto observance of the gender equality principle; h) the principle of use of sex-desegregated data, gender mainstreaming in the process of policies’ elabora- tion, implmementation, monitoring and evaluation.
III. REQUIRED ACTIONS TO ACHIEVE RESULTS
53. Activities per areas
Employment and Labor Migration a) Mainstream gender into the policies and plans in governing the employment and labor market, including the policies for migration management as well as undertake their regular gender monitoring and evaluation; b) Undertake proactive measures for overcoming persisting horizontal and vertical gender segregation on the labor market; c) Adopt specialized programs and stimulate women’s entrepreneurship, especially in rural areas; d) Undertake awareness raising campaigns on equal rights of women and men on the labor market and in economic activities; e) Gather, analyze and disseminate sex-disaggregated statistics on women’s and men’s participation in the labor market.
Budgeting a) Develop and mainstream gender responsive budgeting course at the university level and build capacities of public servants in the area through continuous training; b) Develop and pilot implementation of gender analysis of budget processes.
Women’s participation in Decision Making a) Develop and enact mechanisms for promoting gender equaity within public authorities, including enter- prises, institutes and organisations, regardless of the type of property and the legal organisational form; b) Eliminate structural barriers for balanced participation of women and men in public and political deci- sion-making processes; c) Undertake awareness raising campaigns aimed at public at large and women specifically to encourage women to actively participate in public life; d) Gather, analyze and disseminate sex-disaggregated statistics on promotion of women and men into deci- sion making positions.
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Social Protection and Family a) Mainstream gender into the policy documents in the field of social protection and family and ensure their further gender monitoring and evaluation; b) Promote and ensure equal sharing of women’s and men’s tasks in regar to family responsibilities; c) Reconcile public/professional and private/family life; d) Reduce gender-based differences in the pension system; e) Undertake awareness raising campaigns on the importance of ensuring gender equality in public and private life; f) Gather, analyze and disseminate sex-disaggregated statistics on women’s and men’s time use, particularly on child care or care of dependants, household maintenance and other family tasks.
Health Care a) Consolidate and further develop family planning capacities, life-skills education and measures relevant to reproductive health, especially in rural areas; b) Address important external factors of influence upon the health and life of women and men such as injuries, suicides, accidents, substance abuse, as priority factors for reducing population mortality, including among economically active population; c) Undertake information, educational and awareness raising campaigns for the creation of population’s culture of risk prevention and health care, taking gender aspects into account; d) Gather, analyze and disseminate sex-disaggregated statistics in the field of public health
Education a) Mainstream gender dimension in educational policy at its development, implementation and monitor- ing stages. b) Capacity building for gender mainstreaming into the educational system including development of training cources, curricula, educational standards, content of training topics, teaching and learning resources; c) Undertake information and awareness raising campaigns related to gender aspects of education; d) Gather, analyse and disseminate sex-disaggregated statistics in the education field.
Violence and Human Trafficking a) Adoption of law on amending and completing some legislative acts in view of ensuring implementation of gender sensitive mechanisms for violence prevention and punishment; b) Capacity building at all levels of violence and trafficking prevention and counteracting institutions with a specific accent upon people involved in victims rehabilitation and aggressors re-socialization taking into con- sideration gender dimension; c) Develop educational programs, training modules, studies and undertake awareness raising campaigns related to phenomenon of violence and trafficking taking into consideration human rights and gender equality; d) Consolidate social programs, rehabilitation and re-socialization measures aimed at supporting the vic- tims and agressors of violence and trafficking; e) Gather, analyse and disseminate sex-disaggregated statistics on violence and trafficking related cases.
Raising Public Awareness a) Initiate gender analysis of the legislative framework in the field of media, taking into account good prac- tices at the international level; b) Analyse, research, inform and take actions on media coverage of gender and gender issues; c) Capacity building of media and particularly of media executives on gender issues and promotion of bal- anced gender image; d) Involve men in promotion of the principle of equal opportunities for women and men.
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IV. IMPLEMENTATION STAGES AND TERMS
54. This national Program establishes a long-term vision for mainstreaming gender into policy documents, inclusively in inter-sectoral and multi-disciplinary ones. Implementation of the national Program is planned for the period 2010-2015. 55. Fullfilment of this national Program will be assured by two mid-term action plans that will be imple- mented by competent authorities in the period 2010-2012 and 2013-2015. In 2012 the level of implementation of the first Action plan will be evaluated, and its results will be used in order to elaborate the second Action plan in the context of ensuring full implementation of strategic objectives of the program.
V. AUTHORITIES RESPONSIBLE FOR THE IMPLEMENTATION
56. The development of the national Program will be assured by social partnerships developoment in the field of gender equality that will include the following: a) consolidation of the national mechanism for promotion of gender equality focusing both on cosolida- tion of coordination of activities related to gender at the government level and on developing partnership net- works and maintaining social dialogue. An additional chapter on consolidation of the national mechanism will be included in the Action Plans as well; b) coordination of activities at the judicial, executive and legislative level and cooperation with civil society, which present the precondition for the efficient implementation of the national Program; c) realization of the primary role of coordination and monitoring of the implementation of all policies in accordance with the current National Program’s provisions by the Government Committee for equality be- tween women and men at the national level. d) active participation of civil society organizations (NGOs, trade unions, employers’s associations, politi- cal parties, etc.) in implementation and monitoring of the national Program; e) ensuring a scientific gender approach by the academic community at the government and academia level to promote gender education at all levels of education in Moldova. Academic institutions, think tanks, teachers and researchers constitute a valuable potential for gender awareness and gender introduction actions in public policies and decision-making processes; f) active involvement of mass media, which is one of the major tools of public awareness raising and influ- ence of relevant actors regarding gender equality and creation of gender culture of the population; g) donors’ involvement for more effective implementation of the national Program.
VI. GENERAL COST ESTIMATION
Estimating the national Program impact 57. The effective implementation of the national Program will result in significant changes in conscious- ness and behavior of women and men, of the entire society regarding gender equality issues in Republic of Moldova. 58. The present national Program: stands for making use of potential of both sexes. All citizens have the right to participate in public and po- litical life, and the state is obliged to ensure equal opportunities for men and women to benefit from this law. In case, when a sex (more often women) is not accepted to serve in public positions, being directly or indirectly discriminated, it becomes a problem of social equity; approaches to the problem of balanced representation of sexes in public positions that is related to the issue of confidence in state structures and their legitimacy. Since women in Moldova represent more than half of the population, their presence in decision-making positions ensures the legitimacy of relevant structures, bringing a sense to representative democracy; stands for fostering the potential of women and men, by reducing gender-based discriminatory practices , that will allow to diminish the migration flows of men and women, who don’t have confidence in the possibil- ity of overcoming the problems are seeking new opportunities in other countries;
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conceives new approaches to society development, namely the transition from the sex-role approach (which slows a person’s development to the female and male biological state) to that of the gender’s (offers more chanc- es for personal and professional self-development, overcoming the biological determinism); helps to strengthen the country’s positive image at the international level: the state can not afford to further underestimate one of the sexes, particularly women, in various spheres of life; contributes to improvement of people’s quality of life as a result of elimination of all forms of gender based discrimination and violence: women’s and men’s physical and psychological well-being would improve; men’s life would increase; the number of divorces would decrease; the role of family values would increase, all together enhancing creation of a favourable environment for the harmonious education of the younger generation, etc. 59. Achieving equality between men and women is one of the effective means to combat poverty and stimulate the society’s development. Ensuring gender equality de facto will contribute to the reorientation of human and financial resources spent to eliminate the consequences of inequality (to combat domestic violence, trafficking in human beings, cases of gender discrimination) towards development programs.
The costs of implementation 60. Funding of activities for implementation of the present national Programme shall be made from and within the public funds budgeted on yearly basis by the appropriate public authorities as well as from other sources in line with the effective legislation. 61. The national Program implementation costs can be included in the current budget, formed from the national public budget resources provided for the institutions responsible for the implementation of specific activities within the framework of the mid-term Action plan according to the provisions of the Medium Term Expenditure Framework (MTEF) 2008-2010, National Development Strategy 2008-2011 and donor financial resources. It was impossible to cost this programme at the elaboration phase, this task being a responsibility of each public institution involved in the implementation of the 2010-2012 Action plan for the realization of the national Programme on ensuring gender equality during 2010-2015. At the same time, reallocation and a more judicious direction of available financial resources will be needed. In order to fulfil the objectives of the national Programme line ministries will include measures in MTEF and take actions to direct donor activity towards financially uncovered fields of the national public budget.
VII. EXPECTED RESULTS
62. As a result of the efficient implementation of the current national Program during 2010-2015, the fol- lowing results will be acheived at strategic level:
Employment and Labor Migration a) Reduced pay gap between women and men; b) Reduced gender segregation on the labor market; c) Reduced gender based discrimination on labor market; d) Increased entrepreneurship among women, especially in rural areas; e) Improved social protection of migrants, especially women.
Budgeting a) Developed and approved concept/vision on gender responsive budgeting; b) Created the basis for promoting of gender responsive budgeting (GRB) into the legislative and norma- tive acts; c) Buid capacities of human resources on promoting gender responsive budgets (GRB); d) Piloted gender analysis of budgets in selected rayions and sectors.
Participation in Public and Political Decision-Making Process a) Increased representation of women in decision making positions; b) Reduced stereotypes and structural barriers that prevent women from actively participating in public and political decision-making.
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Social Protection and Family a) Reduced gender stereotypes on the role of women and men in regards to family responsibility, b) Increased participation of men in providing care to children, elderly and needy people; c) Increased opportunities for women to participate in the labor market; d) Improved social protection of women; e) Improved social protection of those, who provide home-based informal care services; f) Reduced pension gap between women and men.
Health Care a) Developed national gender sensitive health policies; b) Reduced gender gap in life expectancy of women and men in the long run; c) Reduced level of abortions, including among teenagers; d) Improved access to and use of modern means of birth control by women and men, especially in rural areas.
Education a) Ensured equal rights and equal access of girls and boys, women and men to the enjoyment of all prin- ciples of human rights in the sphere of education; b) Reduced feminization in the educational system in the Republic of Moldova;
Violence and Human Trafficking a) State measures to prevent and combat domestic violence and human trafficking are planned, imple- mented and monitored in an effective manner on the basis of taking into consideration gender specifics of victims; b) Reduced gender based violence and trafficking, especially in rural areas; c) Reduced number of cases of violence in the educational system; d) Developed services for rehabilitation and reintegration of victims of trafficking and violence, espe- cially women and girls, at the rayion level; e) Protected human rights of victims of gender based violence and trafficking through national and in- ternational mechanisms for filing and settlement of claims.
Public Awareness Raising a) Promoted positive images of women via national and local media; b) Promoted women through mass media which is representing their role in public sphere; c) Reduced existing practices of negative portrayal of women in media.
VIII. PROGRESS AND PERFORMANCE INDICATORS
63. In order to achieve expected results on all areas contained in the present national Programme, it is recommended to make use of the harmonized set of development indicators in a gender sensitive manner in the context of the Millenium Development Goals, approved by Decision No. 6 of the Board of National Bureau of Statistics on 26th December 2008.
Employment and labour migration a) Gender sensisitive policy documents in the field of employment and labour market; b) Rate of employment in public and private sectors by economic areas, by sex and area; c) Average wages by sex and economic activities; d) Employment by professional status (and economic sectors) and sex; e) Rate of employment of women and men depending on the number of children in the family;
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f) Rate of fathers, who use paternity leave; g) Number of court final decisions regarding the cases on sexual harassment and other forms of victim- ization in the workplace; h) Rate of participation in economic activities by sex and area; i) Number of business owners by sex, area and economic activities; j) Number of self-employed workers by sex and area; k) Number of heads of enterprises from real sector of economy (by enterprise size, economic activites) by sex and area; l) Number of programs and plans in the field of migration, where gender equality principles are main- streamed.
Gender responsive budgeting a) Number of post-graduate students studying gender responsive budgeting course; b) Number of officials trained on gender responsive budgeting; c) Number of rayons and sectors piloting the gender responsive budgeting tools.
Participation in political and public decision-making process a) Share of seats held by women in Parliament; b) Number/rate of women and men, by areas, elected in municipal and local councils; c) Number of Cabinet of Ministers’ membersm, by sex; d) Rate of women in the number of public servants in central and local public authorities; e) Number of managers and public servants within the economic entities by sex and professional status (remunerated and unremunerated).
Social protection and family a) Number of men on dependant’s care leave (sick and disabled children, including elderly people); b) Rate of mother/father beneficiaries of allowances for child rearing (by area, age, work place); c) Number of community-based kindergartens; d) Number of informal caregivers to elderly, disabled and other needy people by sex and area; e) Normative acts developed and approved for increasing the status of informal caregivers; f) Inclusion of caregiver profession in the category of professional classification; g) Rate of pensioners in total population (by sex and area); h) Rate of women/men beneficiaries of social allowances for aged people compared to the rate of benefi- ciaries of oldage pensions (by area and age); i) Average monthly pension by sex, area and category.
Health care a) Number of health professionals trained on gender aspects of health; b) Rate of persons who abuse alcohol, by sex, area and age groups; c) Abortion rate by age and area; d) Abortion and birth rate for teens (15-19 y.o); e) Maternal death rate, by causes of death, by area and age groups; f) Share of birth assisted by medical personnel by area.
Education a) Number of teachers trained on gender aspects of educational process; b) Rate of enrollment in the education system of girls and boys aged 3-6 years old; c) Gross/net enrollment rate in primary education of girls and boys aged 7-10 years old;
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d) Gross/net enrollment rate in secondary education of girls and boys aged 11-15 years old; e) Number of teachers at all levels of education by sex, area and age group; f) Number/share of boys/men pursuing professions/education in spheres traditionally dominated by girls/women; g) Number/share of girls/women pursuing professions/education in areas traditionally dominated by boys/men.
Violence and trafficking in human beings a) Number of registered cases of gender based violence by main types of violence and area; b) Number of gender based violence cases resolved by the court ; c) Number of victims who benefited from services provided by assistance centers by sex, age groups and area; d) Number of victims who benefited from medical services by age groups, sex and area; e) Number of officials at the national level trained in gender issues in order to prevent and combat do- mestic violence and trafficking in human beings; f) Number of medical personnel trained to approach health issues through violence phenomena; g) Number of education professionals trained; h) Number of violence cases identified at schools and other education institutions by area; i) Number of victims of violence identified in the educational institutions by sex, age groups and area; j) Number of aggressors identified in the educational institutions by sex, age, status and area; k) Proportion of state/local budget allocated to prevent and combat domestic violence and trafficking in human beings; l) Number of available places in the shelters for victims of violence and trafficking in human beings; m) Number of multi-disciplinary teams at the local levels trained on prevention and combating domestic violence and trafficking in human beings through gender lens; n) Number of NGOs funded from the state or local budget to prevent violence and trafficking in human beings.
Public awareness raising a) Number of media organizations, which adopted Gender Sensitive Code of Conduct and/or similar norms/acts ; b) Increased number of positive images of women in public sphere in press and other media; c) Reduced cases of women’s victimization in press and other media; d) Number of women that avail themselves of procedures and remedies for violations of their rights at the national and international levels.
IX. OPPORTUNITIES AND CONSTRAINTS
Opportunities
64. The following advantages will be obtained as a result of national Program’s implementation: a) Existence of a regulatory framework on gender equality alighed to modern requirements of Moldovan society and international community; b) Cohering policies for ensuring the European integration; c) Commitment to radical changes in the field of gender equality; d) Involvement of community in the implementation of the national Program; e) Creation of managerial mechanisms for the National Program implementation; f) Development of action plans for the National Program implementation, with financial support and clear division of responsibilities among partners.
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Constraints
65. The National Program implementation can be also conditioned by a number of both socioeconomic and managerial risks: a) unfavorable socioeconomic conditions can block the National Program’s implementation actions; b) managerial factors can be insufficiently prepared for promotion and implementation of the National Program; c) persistence of prejudice and gender stereotypes in the society limits the manifestation of women in public life, and of men in private, family life; d) quality of the gender equality promotion process expected by the National Program can be endangered by insufficient vocational training, professional and material motivation and exodus of specialists; e) resistance to changes of certain specialists and public servants can determine promotion of an indiffer- ent and disapproving attitude to the National Program implementation; f) insufficiency of statistical data and in-depth studies in the above-mentioned fields, which would thor- oughly identify real problems related to gender equality, can limit awareness about the National Program im- plementation needs.
X. MONITORING AND EVALUATION
66. The Ministry of Labour, Social Protection and Family is in charge of monitoring and evaluating the implementationof the National Program. Local public authorities will monitor and report to the Ministry of Labour, Social Protection and Family about actions undertaken at local level in order to implement the present national Program. 67. The implementation of the present Program in every field will be monitored and evaluated in accor- dance with the Law No. 5-XVI of 9 February 2006 on ensuring equal opportunities between women and Men, CEDAW reporting mechanism, in compliance with Millenium Development Goals, National Development Strategy, and the harmonized set of development indicators in a gender sensitive manner in the context of the Millenium Development Goals. The Government Commission for Equality between Women and Men shall be the appropriate institutional structure. 68. The activities of monitoring of the present national Program shall be of continuous nature, being carried out within the entire period of implementation, and will include monitoring both data collection, processing, and analysis, identification of errors or unforeseen effects, as well as suggestion of possible modifications in the planned measures and activities. The monitoring will be carried out based on progress and result indica- tors, which will allow observing and evaluating the fulfillment of general objectives stipulated by the National Program and of the final goal in dynamics. 69. The National Program evaluation will be of systematic nature, being carried out within the entire period of implementation and, based on monitoring indicators, it will include the development of annual evaluation reports and of the final evaluation report on the Program implementation. 70. In order to ensure transparency of the National Program implementation processes, annual evaluation reports, as well as the final evaluation report will be published in mass media and on web-pages of the Ministry of Labour, Social Protection and Family. 71. The Ministry of Labour, Social Protection and Family will inform the general public about the National Program and disseminate the relevant information to local and foreign partners as well.
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190 to Government Decision No. of 31 December 2009
Action plan for the implementation during 2010-2012 of the National Program on ensuring gender equality during 2010-2015 Key Objec- Time Progress Costs* # Actions Responsible parties Partners tives frame Indicator 2010 2011 2012 1 2 3 4 5 6 7 8 9 10 1 Employment and Migration 1.1 Increase 1.1.1 Mainstream gender into Labor Code, 2010- Ministry of Labour Ministry of Economy, Amendments to the Labour employment employment yearly plans and occu- 2011 Social Protection & Trade Union, code approved and other among women pational safety and health normative Family Employers’ Association, relevant policy documents in and reduce acts; (National Employ- Civil Society Organisa- the area of employment en- gender wage ment Agency) tions, gendered gap International Labour Or- ganization, Trafficking in human beings and gender equality in Moldova
United Nations Develop- ment Fund for Women 1.1.2 Monitor implementation of the Na- 2011 Ministry of Labour Ministry of Economy, Employment related sub- tional Development Strategy in the Social Protection & Civil Society Organisa- priority of the National De- area of employment through gender Family tions, International Orga- velopment Strategy monitored lens; nizations through gender lens 1.1.3 Develop gender equality standards to 2011- Ministry of Econ- Private Entities, Civil Soci- Standards on gender equality promote equal participation of wom- 2012 omy, ety Organisations in economic decision making en in economic decision making and Ministry of Labour developed recommend to political, economic Social Protection & Number of political, economic and financial institutions; Family and financial institutions adopted gender equality stan- dards 1.1.4 Promote “non-traditional” profes- 2011- Ministry of Econ- Trade Unions, Number of local employment sions for women and men in the 2012 omy, Employers’ Association, agencies that pilot the mecha- labor market to redress gender-based Ministry of Educa- Civil Society Organisa- nism on promoting “non- occupational segregation; tion, tions, traditional” professions Ministry of Labour International Labour Or- Social Protection & ganisation, Family, Local Public Authorities Ministry of Culture 1.1.5 Undertake Information and aware- 2010- Ministry of Econ- Mass-media, United Na- Number of campaigns under- ness raising campaigns addressed 2012 omy, Ministry of tions Development Fund taken at the general public, specifically in Labour Social Pro- for Women, International rural areas on the right of women and tection & Family Labour Organisation, Number of rayons/localities men to equality in the labour market Civil Society Organisa- covered with direct campaigns and in economic life; tions 1.1.6 Encourage women’s participation in 2010- Ministry of Labour Mass media, Civil Society Employment Rate of women, the labor market through reducing 2012 Social Protection & Organisations Unemployment Rate among gender discrimination, unemploy- Family women ment rate, and improvement of em- (National Employ- ployment rate among women; ment Agency), Ministry of Educa- tion, Local Public Au- thorities 1.1.7 Undertake situation analysis of wom- 2009- Ministry of Labour National Bureau of Sta- Analysis undertaken with the en in the labor market with the focus 2010 Social Protection & tistics, focus in rural areas in rural areas. Family, Ministry of Think Tanks, Economy Civil Society Organisa- tions, United Nations Develop- ment Fund for Women, International Labour Or- ganisation 1.2 Eliminate all 1.2.1 Develop special measures and put 2010- Ministry of Econ- International Organisa- forms of dis- them into practice in order to ensure 2012 omy, tions crimination in full implementation of relevant in- Ministry of Labour the employ- ternational treaties, such as Conven- Social Protection & ment sphere tion on the Elimination of all forms Family, on the basis of of Discrimination against Women, Ministry of Culture gender 1International Covenant on Eco- Ministry of Foreign nomic, Social and Cultural Rights, Affairs and Euro- International Labour Organisations’ pean Integration Conventions� and others with regard to women’s employment;
191 Updated normative acts 1.2.2 Update information in unified data 2010- Ministry of Labour Local Public Authorities Unified Data base of the labor
192 base of the labor market on a regular 2012 Social Protection & market contain sex-disaggre- basis through gender lens; Family, gated data (National Employ- ment Agency), Ministry of Educa- tion, Central Public Au- thorities 1.2.3 Introduce on-line technology and 2010- Ministry of Labour State enterprise “Registru”, On-line technology create unified data base on the labor 2012 Social Protection & Swedish International requests and offers through gender Family, Development Cooperation lens; (National Employ- Agency ment Agency), Ministry of Educa- tion, Central Public Au- thorities Trafficking in human beings and gender equality in Moldova
1.2.4 Undertake gender analysis of parental 2010- National Office for United Nations Develop- Gender analysis of parental leave; 2012 Social Insurance ment Fund for Women, leave is undertaken Civil Society Organisa- tions, Think Tanks 1.2.5 Develop and disseminate Recom- 2010- Governmental Trade Unions, Recommendation note devel- mendation Note on Parental leave to 2012 Committee on Employers’ Association, oped targeting public and private institu- Gender Equality, Civil Society Organisa- tions in order to promote increased Ministry of Labour, tions, Number of public and private participation of men and fathers in Social Protection & International Organisa- institutions that adopted and private/family life; Family, Ministry of tions implementing the Parental Economy Leave Note 1.2.6 Develop and mainstream measures 2010- Ministry of Econ- Trade Unions, Labor Code and other rel- for preventing and combating sexual 2012 omy, Employers’ Association, evant legal/normative acts harassment and other forms of vic- Ministry of Labour, Civil Society, reflect sexual harassment and timization in the workplace into the Social Protection & Civil Society Organisa- other forms of violence in the Labor Code and other relevant legal Family tions, workplace and normative acts. International Organisa- tions 1.3 Promote 1.3.1 Promote investment projects, finan- 2010- Ministry of Labour, Chamber of Commerce & Recommendations for effec- women’s cial advice, and access to training 2012 Social Protection & Industry, tive promotion of women’s economic em- and retraining both in urban and Family Commercial Banks, entrepreneurship developed powerment in rural areas, and promote recommen- (National Employ- United Nations Develop- and promoted rural areas dations for promoting women’s entre- ment Agency) ment Fund for Women, preneurship into relevant documents. Ministry of Educa- International Labour Or- tion, ganisation, Ministry of Finance International Organisa- tions, Civil Society Organisa- tions, Moldova Social Investment Fund, Small & Medium Enter- prises Development Or- ganisation 1.4 Mainstream 1.4.1 Negotiate intergovernmental agree- 2010- Ministry of Labour, International Organisation Intergovernmental agree- gender aspects ments on social security of migrants 2012 Social Protection & for Migration, ments negotiated with at least into the imple- and their families; Family Organization for Security 4 EU member states mentation of and Cooperation in Eu- policies on rope, migration ad- United Nations Population ministration Fund, United Nations Develop- ment Programme 1.4.2 Improving methods to gather, analyze 2010- Ministry of Labour, International Organisation Methods developed and put and disseminate information/statis- 2012 Social Protection & for Migration, in action tics on participation in the migration Family Organization for Security process that is gender sensitive, and (National Employ- and Cooperation in Eu- application of this info for policy/ ment Agency), rope, intervention development to curb National Bureau of United Nations Population negative impacts of migration. Statistics Fund, Ministry of Internal United Nations Develop- Affairs, ment Programme Border Guard Service
193 Updated normative acts 2. Budgeting
194 2.1 Development 2.1.1 Develop gender responsive budgeting 2012 Governmental World Bank, Concept note on GRB is de- of GRB con- concept Committee on Gen- Swedish International veloped cept/vision in der Equality, Development Cooperation the context of Ministry of Finance, Agency, the Republic Ministry of Labour, United Nations Develop- of Moldova Social Protection & ment fund for Women, Family, Ministry of Academic institutions, Health, Institute of scientific re- Ministry of Educa- search tion 2.1.2 Mainstream gender responsive bud- 2009 Academy of Eco- Ministry of Labour, Social Course curriculum is devel- geting course at the post graduate nomic Studies of Protection & Family, oped and implemented in at level; Moldova World Bank, least one university Swedish International Development Cooperation Agency, United Nations Develop- Trafficking in human beings and gender equality in Moldova
ment Fund for Women, Academy of Public Ad- ministration within the Presidency of Moldova 2.1.3 Develop and organize summer course 2010 Academy of Eco- Ministry of Finance, Min- Summer Course on GRB de- Exter- on GRB for the relevant ministries’ nomic Studies of istry of Labour, Social Pro- veloped nal re- officials. Moldova tection & Family, Ministry sources of Economy Number of ministry officials Ministry of Education, trained through the summer Ministry of Health, course Department for Interna- tional Development, World Bank, Swedish International Development Cooperation Agency, United Nations Develop- ment Fund for Women, Academy of Public Ad- ministration within the Presidency of Moldova 2.2 Promotion of 2.2.1 Undertake gender analysis in budget 2010- Ministry of Labour, World Bank, Swedish In- Number of budget processes GRB devel- processes focusing on selected prior- 2011 Social Protection & ternational Development within the National Develop- opment into ity areas in the framework of the Na- Family Cooperation Agency, Min- ment Strategy priority areas budgetary tional Development Strategy. istry of Economy, Ministry analyzed through gender lens process at the of Finance, Ministry of national and Education, Ministry of local levels Health 3 Women’s participation in Decision Making 3.1 Increase rep- 3.1.1 Development and implementation of 2010- Ministry of Labour, International Organisa- resentation of international treaties provisions and 2012 Social Protection & tions, Civil Society Or- women in the legal instruments, taking particularly Family, ganisations decision mak- into account the Convention on Ministry of Foreign ing positions the Elimination of all forms of Dis- Affairs and Euro- in the political crimination against Women, General pean Integration and public life Recommendation of the Committee on the Elimination of Discrimination against women, International Cov- enant on Civil & Political Rights 2; 3.1.2 Develop Recommendation Note 2010 Governmental United Nations Develop- Recommendation note devel- aiming at balanced participation of Committee on ment Fund for Women, oped women and men taking public posi- Gender Equality, International Organisa- tions, civil society organisatoins, pri- Ministry of Labour, tions, Number of organizations vate sector organizations and political Social Protection & Civil Society Organisa- (NGOs, private and political parties at the decision making level Family tions, entities) that apply and use and disseminate it to the relevant or- media organizations Women’s Participation Note ganizations with required follow up; 3.1.3 Undertake research and policy-relat- 2010- Governmental Civil Society Organisa- Status of women’s participa- ed analytical studies on women’s par- 2012 Committee on tions, tion in decision making is ticipation at different decision levels Gender Equality, International Organisa- analyzed, obstacles defined of organizations3, including identifi- Ministry of Labour, tions, Academic institu- and recommendations com- cation of obstacles encountered and Social Protection & tions and media municated to the relevant strategies needed to overcome the Family policy makers identified barriers;
195 Updated normative acts 3.1.4 Monitor implementation of the Law 2010- Ministry of Justice Ministry of Labour, Social Number of monitored politi-
196 no.5-XVI of 9 February 2006 on 2012 Protection & Family, cal parties; equal opportunities for women and International Organisa- men and of internal by-laws by po- tions, litical parties concerning balanced Civil Society Organisa- participation of women and men in tions political decision making positions; 3.1.5 Gather, analyze and disseminate sex- 2010- Central Electoral Civil Society Organisa- Sex-disaggregated statistics disaggregated statistics on participa- 2012 Commission, tions, on women’s and men’s par- tion of women and men in decision National Bureau Academic institutions, ticipation in political decision making bodies, both elected and of Statistics, State Local Public Authorities making is made available on a appointed, at all levels of the orga- Chance-llery (Hu- regular basis nization and functioning of society, man Resources De- including leading bodies of political partment) and administrative institutions and of civil society organizations4. 4 Social protection and family 4.1 Increasing 4.1.1 Develop and implement special mea- 2010- Ministry of Labour, Ministry of Foreign Affairs Initiated the process of rati- Trafficking in human beings and gender equality in Moldova
significance of sures in order to ensure 2012 Social Protection & & European Integration, fication of relevant interna- maternity and full implementation of relevant Family, Ministry of Culture, Inter- tional treaties paternity and international treaties, taking par- (National Employ- national Organisations promotion of ticularly into account the Conven- ment Agency), Min- equal shar- tion on the Elimination of all forms istry of Economy ing of tasks of Discrimination against Women, by men and International Labour Organisation’s women in re- relevant Convention and the revised gards to family European Social Charter5; responsibilities 4.1.2 Implement Integrated Social Services 2010- Ministry of Labour, Local Public Authorities, Integrated Social Services de- for persons in need (children, elder 2012 Social Protection & Civil Society Organisa- veloped in community, rayon people, disabled, etc.) through gen- Family tions, and national levels through der perspectives in social field; International Organisa- gender perspectives tions 4.1.3 Undertake national and local cam- 2010- Ministry of Labour, Local Public Authorities, Number of campaigns orga- paigns to promote model fathers with 2012 Social Protection & Civil Society Organisa- nized the focus on changing social pattern Family tions, within the families; International Organisa- tions 4.1.4 Support to initiation and establish- 2010- Ministry of Educa- Ministry of Labour, Social Number of pilot kindergartens ment of community based kinder- 2011 tion Protection & Family, established and functioning gartens on a pilot basis under the United Nations Develop- responsibility and control of the par- ment Programme, ents’ association in the respective lo- United Nations Develop- cal communities; ment Fund for Women, Swedish International Development Cooperation Agency 4.1.5 Conduct time use survey on wom- 2010- National Bureau of Ministry of Economy, Results of the Time Use sur- 2000000 en’s and men’s average use of time, 2012 Statistics Ministry of Labour, Social vey shared with the decision including families with migrants. Protection & Family, makers Ministry of Health, Ministry of Education, Ministry of Internal Af- fairs, Civil Society Organisa- tions, United Nations Develop- ment Programme, United Nations Develop- ment Fund for Women, United Nations Population Fund, Swedish Interna- tional Development Co- operation Agency, Department for Interna- tional Development 4.2 Improve so- 4.2.1 Develop and implement special mea- 2010- Ministry of Labour, Ministry of Health, cial protection sures in order to ensure 2012 Social Protection & Trade Union of women as full implementation of interna- Family, informal home tional treaties, taking particularly Ministry of Econ- caregivers; into account the Convention on omy the Elimination of all forms of Dis- Ministry of Foreign crimination, International Covenant Affairs and Euro- on Economic, Social and Cultural pean Integration Rights, ILO Convention, revised European Social Charter6; 4.2.2 Develop a proposal to amend the 2010- Ministry of Labour, Local Public Authorities, Number of informal home law on social assistance to introduce 2011 Social Protection & Trade Unions care givers having official official services provided by informal Family status, especially women em-
197 Updated normative acts
home caregivers; ployed to provide care services 4.2.3 To direct social indemnities towards 2010- Ministry of Labour, Local Public Authorities Number of poor families
198 most needy, through social assis- 2012 Social Protection & headed by women receive tance taking into consideration their Family social indemnities income level and gender aspects. 4.3 Diminish a 4.3.1 Examine the impact of increasing 2010- Ministry of Labour, Trade Unions, Recommendation developed gap between retirement age of women upon the 2011 Social Protection & Employers Association, on the possible increase of pensions of economic situation of women as well Family Civil Society Organisa- retirement age of women women and as on the pension system in general. tions, men International Organisa- tions 5 Health care 5.1 Mainstream- 5.1.1 Develop and implement special mea- 2010- Ministry of Health, Ministry of Labour, Social ing gender sures in order to ensure 2012 Ministry of Foreign Protection & Family, equality into full implementation of international Affairs & European Ministry of Education, Health policies treaties, taking particularly into ac- Integration Ministry of Internal Af- count the Convention on the Elimi- fairs nation of all forms of Discrimination against Women, General Recom- Trafficking in human beings and gender equality in Moldova
mendation of the Committee on the Elimination of Discrimination against Women, In- ternational Covenant on Economic, Social and Cultural Rights, and re- vised European Social Charter7; 5.1.2 Develop methodological instructions, 2011 Ministry of Health, World Health Organisa- Training Module developed External standards of knowledge and practical Ministry of Labour, tion, and approved resourc- skills in the field of health through Social Protection & Academic institutions, es gender lens; Family Civil Society Organisa- tions, International Organisa- tions 5.1.3 Build capacity of health personnel 2010- Ministry of Health United Nations Population Number of health personnel External from the multi-disciplinary teams 2012 Fund, trained resourc- in rayons in the context of gender United Nations Develop- es dimensions, in health aspects of vio- ment Programme, lence, HIV infection, aimed at pro- International Organisation viding adequate medical services for Migration, Organization for Security and Cooperation in Eu- rope, Joint United Nations Pro- gramme on HIV/AIDS 5.1.4 Gather, analyze and use sex-disag- 2010- Ministry of Health International Organisa- Policies and plans taking into gregated statistics as well as results of 2011 National Bureau of tions, consideration gender aspects research and studies through gender Statistics Civil Society Organisa- in health lens in planning and implementation tions, of sector policies. Local Public Authorities 5.2 Narrowing 5.2.1 Identify causal factors of increasing 2010 Ministry of Health, International Organisa- Recommendations elaborated External gender gap in gap in life expectancy of women and Ministry of Educa- tions, ro narrowing gender gap in resourc- life expectancy men through research and studies tion, Civil Society Organisa- life expectancy of women and es of women and from a gender perspective (a specific Ministry of Labour, tions, men and communicated to the men study on this subject focusing on the Social Protection & Think Tanks relevant decision makers aspect of Moldovan women’s vulner- Family, Study undertaken through ability to HIV infection); Ministry of Econ- external support omy 5.2.2 Identification of measures for re- 2011 Ministry of Health, International Organisa- Measures identified and linked External moving/reducing factors leading to Ministry of Educa- tions, to sectoral policies and plans resourc- increasing gap in life expectancy of tion, Ministry of Civil Society Organisa- es women and men; Labour, Social Pro- tions, tection & Family Think Tanks 5.2.3 Improving mental and physical health 2010- Ministry of Health, United Nations Population 1) Number of persons being to prevent health risk behaviour (sui- 2012 Local Public Au- Fund, under medical supervision cide, abusive alcohol consumption, thorities World Health Organisa- (abusive alcohol consumption, drug abuse) by putting efficient treat- tions, drug abuse) ment into practice; Civil Society Organisa- 2) Number of persons for treat- tions ment
199 Updated normative acts 5.2.4 Raise public awareness on the fac- 2010- Ministry of Health, Ministry of Labour, Social Number of TV, Radio and External
200 tors leading to increasing gap in life 2011 Ministry of Educa- Protection & Family, In- other programs and activities resourc- expectancy, including trauma and tion, ternational Organisations, es accidents. Ministry of Internal Civil Society Organisa- Number of rayons covered Affairs, tions, mass-media Ministry of Trans- portation and Road Infrastructure 5.3 Reduce socio- Develop and provide reproductive Ministry of Health World Health Organisa- Number of communities with economic fac- 5.3.1 health services for women and men, 2010- tion, primary medical services on tors leading to especially youth at the primary level, 2012 United Nations Population reproductive health maternal mor- including retraining of medical staff Fund tality, espe- and development of guidelines and Number of women and men cially among corresponding standards; who received reproductive women from health services at the primary rural areas level Trafficking in human beings and gender equality in Moldova
5.3.2 Improve the availability, acceptability 2010- Ministry of Health World Health Organisa- Share of women, who use and use of modern means of fertility 2012 tion, modern means of birth control control by women and men, espe- United Nations Population cially in rural areas to eliminate the Fund use of abortion as a method of fertil- ity control; 5.3.3 Awareness raising on family planning 2010- Ministry of Health United Nations Population Public is informed about the and reproductive health reflecting 2012 Fund, Mass-media gender aspects of family plan- gender aspects, including the pro- ning and reproductive health motion of the principle of non- discrimination towards people living with HIV; 5.3.4 Promotion of healthy life-style in the 2010- Ministry of Health, United Nations Population Number of undertaken activi- External society, but also among teenagers and 2012 Ministry of Educa- Fund, ties resourc- youth through the National Healthy tion United Nations fund for es Lifestyle Programme for 2007-2015. Children, Civil Society Organisa- tions 6 Education 6.1 Mainstream- 6.1.1 Implement relevant international Ministry of Educa- Ministry of Labour, Social ing gender treaty recommendations, taking tion, Protection & Family, equality into particularly into account Conven- Ministry of Foreign Ministry of Economy education pol- tion on the Elimination of all forms Affairs & European icies and plans of Discrimination against Women, Integration and education International Covenant on Economic, process Social and Cultural Rights, European Convention on Human Rights, and European Social Charter revised in education strategies and national plans 6.1.2 Gender review of compulsory na- 2011- Ministry of Educa- Civil Society Organisa- Recommendations developed tional curriculum; 2012 tion tions, and mainstreamed into sector Academia, policies and plans International Organisa- tions 6.1.3 Mainstream gender into the content 2011- Ministry of Educa- Civil Society Organisa- Recommendations developed of scholar books; 2012 tion tions, and mainstreamed into educa- Academia, tion policies and plans International Organisa- tions 6.1.4 Integrate gender equality perspectives 2011- Ministry of Educa- Academic institutions, Gender amendments approved in teachers’ initial training, retraining 2012 tion, United Nations fund for by the Ministry and in-service training programmes Institute for Educa- Children, in the context of human rights; tional Sciences Ministry of Labour, Social Protection & Family, Civil Society Organisations 6.1.5 Ensure access of girls and boys to 2011- Ministry of Educa- United Nations fund for Number of girls and boys ben- different services and privileges, in- 2012 tion Children, efiting from grants, scholarship cluding grants and scholarships on an Ministry of Labour, Social equal basis. Protection & Family, Civil Society Organisations 6.2 Reduce femi- 6.2.1 Promote gender perspectives in Hu- 2011- Ministry of Educa- United Nations fund for Share of women and men nization of man Resource development for all 2012 tion Children, teachers at different levels of educational levels of education on the basis of Civil Society Organisa- education system in the research and international practices; tions, Republic of Academic institutions Moldova
201 Updated normative acts 6.2.2 Promote among girls and boys to en- 2011- Ministry of Educa- Ministry of Labour, Social Number of girls and boys en-
202 roll in nontraditional fields through 2012 tion Protection & Family, rolled for professions, which gender perspectives for their sexes (National Employment are unconventional for their education and vocational training. Agency), sexes; International Organisa- tions, Civil Society Organisations 7 Violence and Trafficking in human being 7.1 Annihilate 7.1.1 Develop and implement special mea- 2010- Ministry of Internal International Organisa- domestic and sures in order to ensure 2012 Affairs, tions, gender based full implementation of relevant inter- Ministry of Labour, Local Public Authorities, violence national treaties, taking particularly Social Protection & Civil Society Organisa- against and into account the Convention on the Family, tions trafficking in Elimination of all forms of Discrimi- Ministry of Health, human be- nation against Women, and revised Ministry of Educa- ings, especial- European Social Charter8; tion, ly in women Ministry of Foreign and girls Affairs & European Trafficking in human beings and gender equality in Moldova
Integration 7.1.2 Mainstream gender aspects into 2011- Ministry of Labour, United Nations Develop- Preventive measures better tar- preventive measures (legal, politi- 2012 Social Protection & ment Programme, get women and girls cal, social, educational and cultural) Family, United Nations Popula- addressed at potential victims, es- Ministry of Internal tion Fund, pecially women, and girls as well as Affairs, Organization for Secu- potential perpetrators; Ministry of Educa- rity and Cooperation in tion, Europe, Ministry of Health, International Organisa- Local Public Au- tion for Migration thorities 7.1.3 Take full consideration/ mainstream- 2010- Ministry of Labour, International Organisa- Key policies and normative acts ing gender aspects in key normative 2012 Social Protection & tion for Migration, take into consideration gender and administrative acts and policies Family, United Nations Popula- equality principles in regard to prevention, protection, Ministry of Health, tion Fund, including rehabilitation and prosecu- Ministry of Internal United Nations Develop- tion of victims of violence and traf- Affairs ment Programme, ficking; Organization for Secu- rity and Cooperation in Europe, 7.1.4 Develop services for women and girl 2010- Local Public Au- Ministry of Internal Af- Number of specialized services victims of violence and trafficking; 2012 thorities, fairs, available for women and girls Ministry of Education, Ministry of Labour, So- Number of women and girls cial Protection & Family, received service Ministry of Health, International Organisa- tion for Migration, United Nations Popula- tion Fund, United Nations Develop- ment Programme 7.1.5 Develop and pilot education pro- 2010- Ministry of Labour, United Nations Popula- Education programs developed grams and training for professionals 2012 Social Protection & tion Fund, involved in interventions with vic- Family, International Organisa- Number of pilot trainings con- tims of violence at the national level Ministry of Internal tion for Migration, ducted (judicial, health, education, social Affairs, Organization for Secu- workers, the police etc) on the basis Ministry of Health, rity and Cooperation in of gender perspectives; Ministry of Educa- Europe, tion, United Nations Develop- Superior Council of ment Programme, Magistracy Local Public Authorities, Civil Society Organisa- tions 7.1.6 Commission research on the preva- 2011- Ministry of Labour, Organization for Secu- Recommendations from the lence, causes and consequences of 2012 Social Protection & rity and Cooperation in research developed and com- different forms of violence against Family Europe, municated to the policy makers women and girls, including domes- United Nations Popula- tic violence, to serve as the basis for tion Fund, comprehensive and targeted interven- United Nations Develop- tion at the national and local levels; ment Fund for Women, Civil Society Organisa- tions, Academia
203 Updated normative acts 7.1.7 Undertake information and aware- 2010- Ministry of Labour, International Organisa- Number of awareness raising
204 ness raising campaigns, including 16 2012 Social Protection & tion for Migration, campaigns organized days event, addressed at the general Family, United Nations Popula- public on the issue of violence against Ministry of Internal tion Fund, women, girls and boys, including Affairs, Organization for Secu- trafficking in human beings as a hu- Ministry of Health, rity and Cooperation in man rights violation; Ministry of Educa- Europe, tion, United Nations Develop- Local Public Au- ment Programme, thorities Civil Society Organisa- tions, United Nations Develop- ment Fund for Women, Academia 7.1.8 Develop normative basis for collect- 2010- Ministry of Labour, United Nations Popula- Government decision elabo- ing, analyzing and disseminating sex- 2012 Social Protection & tion Fund rated disaggregated statistics on the type Family, and extent of violence; Ministry of Internal Trafficking in human beings and gender equality in Moldova
Affairs, Ministry of Health, Local Public Au- thorities, National Bureau of Statistics 7.1.9 Pilot the data collection in selected 2011- Ministry of Labour, United Nations Popula- Data on violence incidence col- rayons. 2012 Social Protection & tion Fund lected in pilot rayons Family, Ministry of Internal Affairs, Ministry of Health, Local Public Au- thorities, National Bureau of Statistics 7.2 Combat 7.2.1 Consolidate normative framework 2010- Ministry of Labour, United Nations Fund for Developed draft law on amend- manifestation and elaborate mechanisms for re- 2011 Social Protection & Children, ing and supplementing some of violence sponsibility of persons who commit- Family, Civil Society Organisa- legal acts against girls ted violence against children, espe- Ministry of Educa- tions and boys in cially girls, including in educational tion the educa- institutions; tional system 7.2.2. Develop violence counteracting train- 2011- Ministry of Educa- United Nations Fund for Modules developed ing modules for pedagogical institu- 2012 tion Children, tions and training institutions for Civil Society Organisa- educational personnel and officials; tions, Academia 7.2.3 Undertake information and aware- 2011- Ministry of Educa- United Nations Fund for Number of awareness raising ness raising initiatives addressed at 2012 tion Children, campaign all levels of educational institutions Civil Society Organisa- (both educational personnel and pu- tions, pils/students) on the issue of violence Academia against girls and boys and women as a human rights violation. 7.3 Improve ser- 7.3.1 Develop and implement special mea- 2011- Ministry of Labour, Ministry of Internal Af- vices for the sures in order to ensure 2012 Social Protection & fairs, rehabilitation full implementation of relevant inter- Family Ministry of Health, and reinte- national treaties, taking particularly Ministry of Education, gration of into account the Convention on the Local Public Authorities, victims of Elimination of all forms of Discrimi- International Organisa- trafficking nation against Women (Article 6), the tions, and violence, United Nations Protocol to Prevent, Civil Society Organisa- especially Suppress and Punish Trafficking in tions women and Persons, Especially Women and Chil- girls dren and the Council of Europe Con- vention on Action against Trafficking in Human beings9; 7.3.2 Integrate gender aspects into the 2010- Ministry of Labour, International Organisa- Training module developed and training for the multidisciplinary 2012 Social Protection & tion for Migration, implemented teams from rayons on preventing and Family, United Nations Popula- combating trafficking in human be- Ministry of Health, tion Fund, ings and domestic violence; Ministry of Educa- United Nations Develop- tion, ment Programme, Ministry of Internal Organization for Secu- Affairs, rity and Cooperation in Local Public Au- Europe thorities 7.3.3 Support three women’s shelters, which 2010- Ministry of Labour, Civil Society Organisa- Methodological materials provide support to victims of domes- 2012 Social Protection & tions, tic violence/ trafficking. Family, International Organisa- Local Public Au- tions thorities
205 Updated normative acts 8 Awareness RAISING AND MEDIA
206 8.1 Encourage 8.1.1 Develop and implement special mea- 2010- Audiovisual Coor- Audio-visual and print projection of sures in order to ensure full 2011 dinating Council media associations, positive imag- implementation of priority actions Civil Society Organisa- es of women from the Strategic Objectives and tions, and men and actions contained in Chapter IV of Parliamentary Commit- of their equal the Beijing Platform for Action, in tee for Culture, Science, status and re- particular Section J (women and the Education, Youth, Sports sponsibilities media); and Media, Governmental in the private Committee on Gender and public Equality spheres 8.1.2 Review of Press Law No. 243-XIII 2011- Audiovisual Coor- Civil Society Organisa- Legal acts revised through gen- of October 26, 1994 and Audio-Vi- 2012 dinating Council, tions, International Or- der lens and adopted sual Law No. 603 of October 3, 1995 Ministry of Labour, ganisations, Journalists through gender lens; Social Protection & union of Moldova Family, Ministry of Culture, Trafficking in human beings and gender equality in Moldova
(The State Agency for the Protection of Morality) 8.1.3 Mainstream gender aspects into jour- 2010- Audiovisual Coor- Journalists unions, Gender sensitive code of eth- nalistic Ethic Code with focus on the 2011 dinating Council, Audio-visual and print ics for journalists use of non-sexist language and the Press Associations of media associations, presentation of non-stereotyped im- Central Public Au- Civil Society Organisa- ages of women and men and exclude thorities tions, the use of violent or degrading mate- International Organisa- rials, etc.; tions 8.1.4 Undertake capacity building of jour- 2010- Ministry of Educa- Academic institutions, Number of capacity building nalists and media decision makers on 2012 tion International Organisa- trainings the principles of gender equality as a tions, core of human rights. Civil Society Organisa- Number of trained journalists tions 8.2 Combat sex- 8.2.1 Identify and lessen existing practice 2010- Audiovisual Coor- Audio-visual and print Broadcasts accomplished ist image of among print media, which further 2012 dinating Council, media associations, women in perpetrates human dignity, gender- Press Associations of International Organisa- advertising based violence and the negative use Central Public Au- tions, and media of women’s and men’s image in the thorities Civil Society Organisa- media, including in advertising; tions 8.2.2 Promotional campaigns, knowledge 2010- Governmental Com- Audio-visual and print Number of accomplished cam- products and capacity building for 2012 mittee on Gender media associations , paigns media to promote an adequate and Equality International Organisa- equilibrated gender image. tions, Civil Society Organisa- tions 8.3 To enhance 8.3.1 Develop and implement communi- 2010- Government press Governmental Committee awareness cation strategy of the government on 2011 services, on Gender Equality, among wom- promoting gender equality with the Press services of rel- International Organisa- en and men active involvement of men and boys as evant Central Public tions and girls and a means for pursuing a gender equal- Authorities boys of their ity policy in the dynamic context of human rights the society; 8.3.2 Develop and disseminate brochures 2010- Government press International Organisa- Developed and disseminated on the Convention on the Elimination 2011 services, tions, informational materials of all forms of Discrimination against Press services of rel- Civil Society Organisa- Women and its Optional Protocol, evant Central Public tions, Complaint Mechanism of the Spe- Authorities academia and media cial Rapporteur on Violence against Women within OHCHR, and Europe- an Court of Human Rights and local legislations and plans for promoting Human Rights, especially of women and girls. 9. National Institutional Mechanism 9.1 Improving 9.1.1 Develop and implement special mea- 2010- Ministry of Labour, Governmental Committee governance sures in order to ensure 2012 Social Protection & on Gender Equality for gender full implementation of the strategic Family equality objectives and actions contained in Beijing Platform for Action, Gender equality law of the RM10; 9.1.2 Review the positions/status and scope 2009- Ministry of Labour, Civil Society Organisa- of work of the Gender Focal Points 2010 Social Protection & tions, in the ministries and government Family, International Organisa- agencies and align it with Council Gender Focal Points tions of Europe standards indicated in the in Central Public Recommendation CM/Rec(2007)17 Authorities (Part C-2 ii, iii, v) of the Committee of Ministers to member states on gender equality standards and mechanism;
207 Updated normative acts 9.1.3 Establish gender focal point positions 2010- Ministry of Labour, United Nations Population Gender focal points
208 at the rayon level and build their ca- 2011 Social Protection & Fund, pacity; Family, Local Public International Organisation Number of delivered trainings Authorities for Migration, for gender focal points Organization for Security and Cooperation in Eu- rope, United Nations Develop- ment Programme, United Nations Develop- ment Fund for Women, Civil Society Organisa- tions 9.1.4 Build capacity (e.g. gender main- 2010- Ministry of Labour, National Bureau of Sta- streaming, gender analysis, applica- 2012 Social Protection & tistics, tion of gender statistics and monitor- Family Academic institutions, ing tools, use of gender responsive Civil Society Organisa- budgeting, etc) of the Governmen- tions, Trafficking in human beings and gender equality in Moldova
tal Committee on Gender Equal- International Organisa- ity’ members as well as Gender Focal tions Points; 9.1.5 Build capacity of ombuds in dealing 2010- Human Rights International Organisa- Number of accomplished with complaints for discrimination on 2011 Committee tions, trainings the basis of sex; Ministry of Labour, Social Protection & Family 9.1.6 Build capacity of judicial staff and 2011 National Institute of International Organisa- high level authorities for the full im- Justice, tions, plementation of the Convention on Ministry of Justice, Civil Society Organisa- the Elimination of all forms of Dis- Superior Council of tions, crimination against Women, optional Magistracy Donors protocol, gender equality law, Law on preventing and combating domestic violence. 9.2 Reinforce 9.2.1 Establish and facilitate a inter-minis- 2010- Ministry of Labour, Ministry of Economy, Report on the implementa- Networking terial team on elaboration of the state’s 2011 Social Protection & Ministry of Education, tion of the Convention on the and support fourth and fifth consolidated report Family, Ministry of Health, Elimination of all forms of social dia- on the implementation of the Conven- Governmental Ministry of Internal Af- Discrimination against Women logue tion on the Elimination of all forms of Committee on Gen- fairs, developed Discrimination against Women which der Equality, Ministry of Transport and due in July 2011. Road Infrastructure, Ministry of Defence, Ministry of Foreign Affairs & European Integration, Ministry of Culture, Ministry of Finance, Ministry of Justice, Ministry of Agriculture & Food Industry, International Organisa- tions
* Funding of activities for implementation of the present national Programme shall be made from and within the public funds budgeted on yearly basis by the appropriate public authorities as well as from other sources in line with the effective legislation.
209 Updated normative acts Trafficking in human beings and gender equality in Moldova
Notes: 1 Particularly taking into account Articles 11,13 CEDAW, Articles 7,10 ICESCR, ILO Conventions No 100, 111 and 183, Articles 1 (para 2,3,4,8,20,26,27) of the European Charter Articles. This can also include Standards contained in European Union legislation especially with regards to access, working conditions, inter alia, flexible working time, career development and pro- motion, equal pay, dismissal, reversal of the burden of proof in cases of discrimination on the ground of sex, sexual harassment, protection of pregnancy, maternity and paternity as well as access to and supply of goods and services. 2 Articles 7 and 8 of CEDAW, General Recommendation no. 23 on political and public life of the Committee on the Elimination of Discrimination against women, Article 25 of the International Covenant on Civil and Political Rights; This should also include UDHR (Article 21), Recommendation Rec (2003)3 of the Committee of Ministers of the Council of Europe on balanced participation of women and men in political and public decision making, as well as strategic objectives and actions contained in Beijing Platform for Action (Chapter 4), with regard to electoral system (Section G) 3 This can include research at decision making levels, on obstacles/barriers which prevent women’s access to decision- making and on effective strategies to promote that participation 4 Such as political parties, social partners, youth organizations, academic institutions, private sector organizations, etc 5 Article 11 of CEDAW, ILO Convention No.156 and Article 27 of the revised European Social Charter. This also includes, Recommendation No. R (96)5 of the Committee of Ministers of the Council of Europe on reconciling work and family life, as well as of strategic objectives and actions contained in Chapter IV of the Beijing Platform for Action, in particular Section F (women and the economy). 6 Articles 11 and 13 of the CEDAW, Article 10 of the ICESCR, ILO Convention No.102, Articles 12,13,14,30 and 31 of the revised European Social Charter. This can also include Articles 22,25 of the UDHR. 7 Article 12 of the CEDAW, General Recommendation No 24 on women and health adopted by the Committee on the Elimination of Discrimination against Women, Article 12 of the ICESCR, Article 11 of the revised European Social Charter7; This also includes Article 25 of the UDHR, as well as the Programme of Action of the ICPD and the strategic objectives and actions contained in Chapter IV of the BPFA, in particular Section C (women and health) and I (human rights of women); 8 CEDAW (Article 16 and other relevant provisions), Revised European Social Charter (Article 16). This should include Declaration on the Elimination of Violence against women (Resolution 48/104 of the United Nations General Assembly (UN GA)), the Intensification of efforts to eliminate all forms of violence against women (Resolution 61/143 of the UN GA), and Rec- ommendation Rec (2002)5 of the Committee of Ministers of the Council of Europe on the protection of women against violence, as well as of the strategic objectives and actions contained in Chapter IV of the Beijing Platform for Action, in particular Section D (violence against women) and I (human rights of women); 9 This also include, Recommendation No. R(2000)11 of the Committee of Ministers of the Council of Europe on actions against trafficking in human beings for the purpose of sexual exploitation, as well as the strategic objectives and actions contained in Chapter IV of the Beijing Platform for Action, in particular Section I on Human rights of women; 10 Chapter IV, Section H (Institutional mechanisms for the advancement of women)
210 Updated normative acts
19. DECISION on the approval of the Frame Regulation on the organization and operation of assistance and protection centers for victims of trafficking in human beings No. 1362 of 29.11.2006*
Amended by the Gov. decision No. 462 of24.03.08, MO66-68/01.04.08 Art.437
With a view to the implementation of Law No. 241-XVI of October 20, 2005 on prevention and combating of trafficking in human beings (Official Monitor of the Republic of Moldova, 2005, No.164-167, art.812), of the provisions of Annex No. 2 to Government Decision No.1219 of November 9, 2001 “On approval of nominal composition of the National Committee for Combating Trafficking in Human Beings and the National Action Plan for combating trafficking in human beings” (Official Monitor of the Republic of Moldova, 2001, No.136- 138, art.1274), as well as with a view to developing assistance and protection services for victims of trafficking in human beings, the Government DECIDES: 1. To approve the Frame Regulation on the organization and operation of assistance and protection centers for victims of trafficking in human beings (annexed). 2. Centers to provide services to the victims of trafficking in human beings shall approve their own regula- tions for organization and operation based on this Frame Regulation. 3. Expenses pertaining to the organization and operation of centers created by the Government or by local public administration authorities shall be incurred within the limits of allotments provided in the respective budgets on a yearly basis. 4. The Ministry of Interior, using the staff of the General State Guard Department shall ensure the safety of assistance and protection centers for victims of trafficking in human beings. 5. The Ministry of Social Protection, Family and Child shall coordinate the opening of such centers through the country and shall monitor their activity. [Sec.5 amended by Gov. Dec. No.462 of24.03.2008, in effect as of01.04.2008]
PRIME MINISTER Vasile TARLEV
Countersigned by: Minister of Healthcare and Social Protection Ion Ababii Minister of Finance Mihail Pop Minister of Interior Gheorghe Papuc
Chişinău, 29 November 2006 No.1362.
* Official Monitor No. 186-188/1457 of 08.12.2006
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Approved by Government Decision No.1362 of November 29, 2006
FRAME REGULATION on the organization and operation of assistance and protection centers
for victims of trafficking in human beings
CHAPTER I Definition and specifics of the assistance and protection centers for victims of trafficking in human beings
Section 1 General provisions
1. The assistance and protection center for victims of trafficking in human beings (hereinafter referred to as Center) is a specialized institution rendering assistance services for the (re)integration of victims into the family and community. 2. The goal of the Center is to offer protection and ensure provisional accommodation, socialization and (re)integration of the victims of trafficking in human beings into the family and community. 3. The objectives of the Center are as follows: ensuring provisional, adequate and temporary accommodation for the victims of trafficking in human be- ings; ensuring the process of protection of the victims of trafficking in human beings by means of assistance and quality services offered to them in conformity with individual plans and standards of quality; facilitating the process of socialization and (re)integration of the victims into the family and the community; monitoring the state of the victims after their integration into the family and community; age-adjusted maintenance, care and development of the child-victim of trafficking in human beings; facilitating socialization and (re)integration of the child into his/her biological/extended family and into the community. 4. The Center carries out its activity in accordance with the following principles: respect for fundamental human rights and liberties; respect for the supreme child’s interest and his/her rights; ensuring the right to being informed; full consent of the victim; anonymity; quality services; nondiscrimination; family and social reintegration; respect for privacy and identity of the victims of trafficking in human beings; respect for the opinion and participative attitude of the adult/minor victim; social counseling and individualized care. 5. The Center carries out its activity in accordance with effective legislation, this Regulation and standards of quality. 6. The activity of the Center is coordinated, monitored and evaluated by the sections/departments for social assistance and family protection.
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7. The Center is a legal entity, with distinct property, its own balance-sheet, settlement accounts (in Moldo- van Lei and in foreign currency) and other accounts in financial institutions of the Republic of Moldova, seal, stamp, letterhead and symbolic adjuncts.
Section 2 Center beneficiaries
8. The beneficiaries of the Center are the victims of trafficking in human beings and potential victims – citizens of the Republic of Moldova and stateless persons, entitled to reside permanently in the Republic of Moldova at the moment of entering another state (women, children, parents/children, men).
CHAPTER II Founding, organization and operation of the Center
Section 1 Founding of the Center
9. The Center is founded in coordination with the Ministry of Social Protection, Family and Child by deci- sion of: the Government, at the proposal of the National Committee for the Combating of Trafficking in Human Beings; local public administration authorities, at the proposal of the territorial commission for the combating of trafficking in human beings; international organizations and nongovernment organizations, with the notification of the National Com- mittee for the Combating of Trafficking in Human Beings; public administration authorities and nongovernmental or private organizations, based on an agreement for joint activity. [Sect.9 amended by Gov. Dec. No. 462of 24.03.2008, in effect as of 01.04.2008]
Section 2 Organization and operation of the Center
10. The Center offers separate accommodation for adult and minor victims of trafficking in human beings. 11. The Center offers accommodation to the victims of trafficking in human beings for a period of 30 days. Where necessary to protect the victim, the duration of accommodation may be extended up to 6 months. Where the life and health of the victim is subject to a real threat, the period of accommodation shall be ex- tended as necessary for the protection of the victim. 12. Pregnant women-victims of trafficking in human beings are entitled to accommodation within the Cen- ter for a period of up to 12 months. 13. The Center has a maximum capacity of 30 persons. 14. The Center is equipped in accordance with standards of quality, corresponding to the individual and age specifics of the beneficiaries. 15. The Center offers the following assistance services: secure provisional accommodation; food; emergency medical assistance; psychological and legal counseling; ensuring basic material needs (personal hygiene items, clothes, footwear); assistance for (re)integration.
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16. The assistance of each victim is accomplished based on an individual intervention plan, developed by the case-coordinating social assistant of the Chişinău Center for the rehabilitation of the victims of trafficking in human beings of the International Migration Organization or by the coordinating specialist of the multi- disciplinary team, at territorial level. The plan is coordinated with all members of the multidisciplinary team. At territorial level the review of the individual intervention plan is performed by the multidisciplinary team. 17. The Center ensures family and community (re)integration services to the victim by: preparing the victim for (re)integration into their biological/extended family and community; working with the victim’s family; professional (re)orientation; assistance in mastering a worker profession, in demand in the labor market; support in employment; monitoring and evaluating the state of the victim before and for one year after integration (in exceptional cases the period is extended individually); children’s access to educational services within the community: schools, kindergarten etc. 18. The quality of performed services shall be evaluated on a regular basis by the body responsible for the accreditation of social services.
CHAPTER III Beneficiary accommodation
Section 1 Accommodation of adult beneficiaries within the Center
19. The accommodation of adult beneficiaries within the Center is performed in accordance with this Regu- lation, upon the submittal of the case profile of the adult by organizations/institutions (Chişinău Center for the rehabilitation of the victims of trafficking in human beings of the International Migration Organization; civil society; law enforcement bodies; local public administration authorities; sections/departments for social assis- tance and family protection; guardianship authorities) to the Ministry of Social Protection, Family and Child. [Sec.19 amended by Gov. Dec. No. 462 din 24.03.2008, in effect as of 01.04.2008] 20. Center accommodation is temporary and includes: compiling adult’s file; complex evaluation; drafting the individual intervention plan. 21. Complex evaluation of the adult is performed by the multidisciplinary team. 22. The person appointed as coordinator of the multidisciplinary team at territorial level coordinates all interventions of specialists involved in the solving of the case. The individual intervention plan for each benefi- ciary of the Center is reviewed on a monthly basis, based on evaluations accomplished by the multidisciplinary team. 23. Beneficiary’s leaving the Center is prepared by the social assistant under the supervision of the Center manager, in collaboration with the section/department for social assistance and family protection. 24. After the beneficiary’s leaving the Center (following his/her (re)integration), counseling, accompani- ment and emotional support services shall remain available to him/her until the complete reintegration into the family and community.
Section 2 Accommodation of children beneficiaries within the Center
25. The accommodation of children beneficiaries within the Center is performed as established by this Regulation, upon the submittal of the case profile of the referred child through the Chişinău Center for the rehabilitation of the victims of trafficking in human beings of the International Migration Organization; civil
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society; law enforcement bodies; local public administration authorities; sections/departments for social as- sistance and family protection; guardianship authorities to the Ministry of Social Protection, Family and Child. [Sec.25 amended by Gov. Dec. No. 462 din 24.03.2008, in effect as of 01.04.2008] 26. Child’s accommodation within the Center takes place at the common decision of the multidisciplinary team at territorial level, which must include representatives of the guardianship authorities. 27. Children’s accommodation in the Center is temporary and includes: compiling child’s file; complex evaluation; drafting the individual intervention plan. 28. The child’s personal file is filled in by the coordinating specialist of the multidisciplinary team, based on the initial evaluation performed by the case-coordinating social assistant of the Chişinău Center for the reha- bilitation of the victims of trafficking in human beings of the International Migration Organization, with the participation of the specialist for the protection of child’s rights from the place of referral and the representative of the Ministry of Social Protection, Family and Child. [Sec.28 amended by Gov. Dec. No. nr.462 din 24.03.2008, in effect as of 01.04.2008] 29. While at the Center, the child shall be ensured initiation and maintenance of relations with his/her bio- logical/extended family and with his/her legal representative, if this does not conflict with the superior interest of the child. 30. The coordinator of the multidisciplinary team shall supervise all specialist interventions, shall contact the child’s biological/extended family or, together with the team member, shall search for the best solution for the child’s (re)integration into the community, by resorting tp alternative services for child protection devel- oped in the region, while institutionalization will be the last solution. 31. Child’s (re)integration is accomplished under an established individual plan, which is reviewed on a monthly basis by the Center’s multidisciplinary team. After the complex evaluation of the results, the child’s plan for departing from the Center is drawn up. 32. The child’s family (re)integration is the primary mission of the Center. The family (re)integration ser- vice ensures the maintenance of the direct and first-hand connection between the parents and the child and, as the case may be, the adaptation of the child and the preparation of his reintegration into the new family. 33. The family, where the child has reintegrated, shall be monitored for one year and the specialist of the in- stitution shall evaluate the state of the child and of the family after (re)integration, in order to prevent a possible repeated trafficking or family violence. After child’s integration into the family, the Center shall remain open for collaboration with the families, offering specialized counseling, accompaniment and emotional support.
CHAPTER IV Center management
Section 1 Human resources
34. The Center is directed by a person with higher education in one the following fields: pedagogy, psychol- ogy, psycho-pedagogy, social assistance, medicine, law. The office of Center manager may be cumulated with other offices. 35. The Manager is hired and dismissed by the founders of the Center, as provided by law. 36. In his/her activity, the Center manager observes effective normative and legislative acts, the indications of central and local public administration authorities and this Regulation. 37. The Center manager is the administrator of all resources, is entitled to hire and dismiss personnel as provided by effective legislation and is responsible for the legal and administrative activity of the Center. 38. The Center manager is responsible for the organization of the Center’s activity and the quality of ser- vices rendered. 39. The Center manager ensures: the operation of the Center in accordance with the standards of quality;
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the management of the Center’s financial and material resources, in conformity with the national account- ing standards; Tte management and evaluation of the activity of Center’s personnel, according to the job descriptions; ensuring the confidentiality of the program and of beneficiaries’ records; filling in and submittal of forms and reports concerning Center’s activity to the central or local public ad- ministration authority; Center’s representation in relations with other public or private institutions; ensuring and supervising the continuous training of the personnel. 40. The Center manager convenes the meetings for planning the Center’s activity ordinarily once a week, or, if the case, extraordinarily. 41. The Center manager concludes agreements for specialized service-rendering with other profile organi- zations/institutions. 42. The Center manager concludes operation agreements with territorial law enforcement bodies, in order to ensure the physical security of the beneficiaries and the security of the institution. 43. Where the manager is temporarily incapable of exercising his/her office, the responsibility for the good operation of the Center lies with the deputy manager. 44. The Center personnel consist of specialists in various fields, as provided by effective legislation, who fit the operational needs of the Center. 45. The Center personnel are hired by contest, in accordance with the law. 46. The contest commission consists of the manager, the representative of the Center’s founder (founders), heads of sections/departments for social assistance and family protection, representatives of the guardianship authority. 47. Personnel are hired based on individual employment agreements, in accordance with effective legisla- tion. 48. Personnel are subject to medical examination according to Ministry of Healthcare standards, upon em- ployment and, thereafter, half-yearly. [Sec.48 amended by Gov. Dec. No. 462 din 24.03.2008, in effect as of 01.04.2008] 49. Center’s employees are bound to keep confidential the information on the private life of the victims, which the former may obtain during exercising their work duties, to refrain from claiming and from accepting undue benefits for the work performed. 50. The Center’s staff schedule is established and approved by the founders in accordance with Standards of quality for assistance and protection services for victims of trafficking in human beings, with Center’s goal and objectives and with the provisions of effective legislation. 51. The Center functions according to a special, round-the-clock schedule, based on the referral, assistance upon (re)integration and accommodation needs of the victims of trafficking in human beings. 52. The personnel carries out its activity in accordance with the job descriptions, in the premises of the Center, following the established work schedule and the individual programs for integration of the victims of trafficking in human beings. 53. The structure and the training of the Center’s personnel must fit the objectives of the Center. 54. The remuneration of personnel is performed in conformity with effective legislation.
Section 2 Center property
55. The Center may own or use any property required for its activity, depending on the order of acquiring the respective assets. 56. Center’s property consists of: initial property conveyed to the Center by the founders into ownership and/or use; property conveyed into temporary use during Center’s activity by public authorities, other legal and natural persons;
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donations (grants), other voluntary contributions from natural and legal persons; property owned by the Center, acquired from its own means during its activity and from proceeds obtained from usage or alienation of such property; other assets and liabilities not prohibited by law. 57. The initial property is conveyed to the Center under an agreement between the Center and the found- ers-owners of the property, within one month as of the state registration of the Center. 58. The Center property shall be used only for accomplishing its statutory goals. 59. The management of property is performed, depending on its value, as established by the incorporation deeds of the Center. 60. The Center is not entitled to deal with property, which does not belong to it with right of ownership, other than with the written consent of the owner, regardless of the value of such property. After ceasing of Center’s activity or the expiry of the established term of usage, such property shall be conveyed to the owners. 61. The Center shall keep records of its financial and economic activity and shall submit accounting and statistical reports as established by legislation.
CHAPTER V Final provisions
62. Center’s activity ceases based on the decision of the founders, coordinated with the Ministry of Social Protection, Family and Child, as provided by effective legislation. [Sec.62 amended by Gov. Dec. No. 462 din 24.03.2008, in effect as of 01.04.2008] 63. After the cease of Center’s activity, property shall be conveyed to the founding members subject to such member’s contribution.
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20. DECISION on the creation of Assistance and Protection Center for Victims and Potential Victims of Trafficking in Human Beings Nr. 847 of 11.07.2008**
With a view to the implementation of the provisions set forth in Law Nr. 241-XVI of 20 October 2005 on Preventing and Combating Trafficking in Human Beings (Official Monitor of the Republic of Moldova, 2005, Nr. 164-167, Art. 812), Government Decision Nr. 1362 of 29 November 2006 “On the Approval of Frame Regu- lation on the Organization and Operation of Assistance and Protection Centers for Victims of Trafficking in Human Beings” (Official Monitor of the Republic of Moldova, 2006, Nr. 186-188, Art. 1457), the Government
DECIDES: 1. To create the Assistance and Protection Center for Victims and Potential Victims of Trafficking in Hu- man Beings with the premises located in Chisinau, at 93, Burebista Street. 2. The Center shall be a public institution subordinated to the Ministry of Social Protection, Family and Child, have a legal entity and funded from the state budget and other resources according to the legislation. The Center shall be specialized in rendering decent living conditions, including personal hygiene conditions, food, legal, social and psychological counseling, health emergency services, security and protection, as well as assistance in liaising with the victim’s relatives. 3. The Ministry of Health shall ensure the transfer by the Public Health-Sanitary Institution “Mother and Child Healthcare Scientific Research Institute” of the immovable property and adherent territory located in Chisinau, at 93, Burebista Street (certificate nr.0100/07/6865 of 13 June 2007, issued by the Chisinau Territo- rial Cadastre Office) under the management of the Assistance and Protection Center for Victims and Potential Victims of Trafficking in Human Beings as long as the statute and type of activity rendered by the Center are not modified. 4. The Ministry of Social Protection, Family and Child, within 1 month, shall: negotiate and conclude a Partnership Agreement with the International Organization for Migration in Mol- dova with a view to the delimitation of attributions in terms of joint management of the public institution “As- sistance and Protection Center for Victims and Potential Victims of Trafficking in Human Beings” in compli- ance with the provisions of Article 17 paragraph (2) letter d) set forth in Law Nr. 241-XVI of 20 October 2005 on 2005 on Preventing and Combating Trafficking in Human Beings; approve the framing scheme and Regulation on the Organization and Operation of the Center; bring normative acts in compliance with the present Decision. 5. Land and Cadastre Agency shall effect the amendments deriving from the provisions set forth in the present Decision.
PRIME-MINISTER Zinaida GRECEANII
Countersigned by: Deputy Prime-Minister Victor Stepaniuc Minister of Social Protection, Family and Child Galina Balmos Minister of Finance Mariana Durlesteanu Minister of Health Larisa Catrinici
Chisinau, 11 July 2008 Nr. 847.
* Official Monitor Nr. 127-130/851 of 18.07.2008
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21. DECISION on approving the Frame Regulation of the territorial commissions to combat trafficking in human beings Nr. 234 of 29.02.2008
Published : 07.03.2008 in Monitorul Oficial Nr. 47-48 Art Nr : 298
In view of implementation of provisions of the Article 9 of the Law Nr.241-XVI of 20 October 2005 on Preventing and Combating Trafficking in Human Beings (Monitorul Oficial of the Republic of Moldova, 2005, nr.164-167, Art.812), with the following amendments, the Government DECIDES: 1. To approve the frame regulation of territorial commissions to combat trafficking in human beings (at- tached). 2. District, municipal councils and People’s Assembly of the autonomous territorial unit Gagauz-Yeri shall approve the regulations of territorial commissions to combat trafficking in human beings.
Prime-Minister Vasile TARLEV
Countersigned by: Minister of Interior Affairs Gheorghe Papuc Minister of Local Public Administration Valentin Guznac
Nr. 234. Chişinău, 29 February 2008. Approved by the Government Decision nr.234 of 29 February 2008
FRAME REGULATION of the territorial commissions to combat trafficking in human beings
I. General provisions
1. In view of adjusting and aligning the normative framework to the provisions of the Council of Europe Convention on Action against Trafficking in Human Beings, adopted on 3 May 2005 in Strasbourg, this Regu- lation establishes the procedure of formation of territorial commissions to combat trafficking in human beings, their basic tasks and attributions, ways of interaction of territorial commissions with the National Committee to Combat Trafficking in Human (hereinafter referred to as National Committee), as well as central and local public administration authorities. 2. Territorial commissions to combat trafficking in human beings (hereinafter referred to as territorial com- missions) shall be created in districts, municipals and in the autonomous territorial unit Gagauz-Yeri under the executive body of local public administration in order to coordinate activities of preventing and combating trafficking in human beings. In Chişinău municipality such commissions shall be created in sectors. The com- missions’ activity shall be subordinated to the National Committee. 3. The expenditures related to the activities of the territorial commissions shall be made within the limits of allocations provided in the budgets of the corresponding administrative-territorial units. 4. The territorial commission shall carry out its activity based on the following principles: a) legality; b) respect for the fundamental human rights and liberties; c) separation and collaboration of powers;
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d) collegiality and mutual respect; e) responsibility of its members in terms of exercising the competences attributed to them in the capacity of competent bodies and members of the commission; f) disclosure and transparency according to the Law; g) cooperation with civil society; h) other basic principles in the field of combating trafficking in human beings. 5. Local public administration authorities shall ensure to the territorial commissions the premises for hold- ing the meetings and other activities.
II. Members of the territorial commission
6. The nominal composition of the territorial commission shall be approved by the order of the Chairman of local public administration, a copy of such order being submitted to the National Committee. The number of commission members may be modified at the initiative of its members whenever it is required. 7. The Deputy Chairman of the local public administration authority on social matters shall be the Chair- man of the territorial commission. 8. An employee of the local public administration authority shall act as the secretary of the territorial commis- sion. 9. The following representatives with the rights of members shall be usually included: representatives of de- concentrated bodies of the ministries, other central administrative authorities vested with the attributions in the field of prevention and combating of trafficking in human beings, NGOs active in the field of prevention, combating and provision of support to the victims of trafficking in human beings and other organizations, whenever this is required.
III. Tasks and attributions of the territorial commission
10. The territorial commission is a counseling body tasked with the consolidation of efforts of the bodies vested with the attributions in the field of combating trafficking in human beings within administrative-terri- torial units, as well as with the establishment of coordinated objectives and measures aimed at preventing and combating trafficking in human beings. 11. In view of exercising their tasks, the territorial commission shall be liable for the following: a) organization of awareness-raising campaigns, workshops and meetings in towns and rural localities of the corresponding administrative-territorial unit in order to inform population about the consequences of il- legal migration and trafficking in human beings; b) coordination of activities in the field of prevention and combating trafficking in human beings, protec- tion and assistance of the victims of trafficking in human beings; c) collaboration with the local public authorities, law enforcement bodies, NGOs and representatives of civil society in order to protect and assist the victims of trafficking in human beings and in particular with the International Organization for Migration, Mission to Moldova ; d) implementation, on the local level, of the activities in the field of prevention of trafficking in human beings, including children and execution of actions provided in the National Action Plan on Preventing and Combating Trafficking in Human Beings and relevant legislation; e) periodic monitoring and evaluation of activities in the field of prevention and combating trafficking in hu- man beings implemented by state bodies in the territory, provision of information to corresponding authorities, to the National Committee and submission of proposals aimed at increasing the efficiency of these activities; f) provision of informative, organizational and practical support to the state bodies involved in prevention and combating of illegal migration and trafficking in human beings; g) collaboration with similar commissions from other territorial-administrative units; h) implementation of training programs on preventing and combating trafficking in human beings for the persons from vulnerable groups and employees engaged in these activities;
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i) provision of assistance at the elaboration of research programmes, analysis and collection of statistical data on trafficking in human beings; j) elaboration of semester and annual reports, informative notes on the activity of the territorial commis- sion, submitting them to the National Committee.
IV. Procedure of organizing the activity of the territorial commission
12. The territorial commission carries out its activity based on the annual plan of activities, which shall be approved by the chairman of the corresponding commission. 13. The meetings of the territorial commission shall be chaired by the Chairman, who shall exercise the following attributions: a) conduct the activity of the territorial commission; b) gather and moderate the meetings of the territorial commission; c) approve daily agenda of the meetings of the territorial commission; d) sign Minutes of Meetings and other documents envisaging the activity of the territorial commissions; e) represent the territorial commission in relations with public authorities and international organizations. 14. The activity of the territorial commission in between the working sessions shall be ensured by the sec- retary in charge, who shall exercise the following attributions: a) ensure organizational, informative and analytical support for the activity of the territorial commission; b) require proposals of members of the territorial commission related to the activity plan and agenda of the working sessions; c) elaborate and submit the activity plan and agenda of the working sessions of the territorial commission for a certain period of time for approval; d) require information on the issues included in the agenda from responsible persons at least 5 days before- hand the meetings; e) prepare materials for the meetings of the territorial commission; f) keep evidence of the matters examined and prepare the minutes of meetings of the territorial commis- sion sessions; g) prepare reports on the activity of the territorial commissions; h) exercise control over the implementation of the adopted decisions, informing members of the territorial commission at the ordinary meeting. 15. The materials distributed at the meetings, correspondence, statistical data, minutes of meetings and other information on the activity of the territorial commission shall be maintained by the executive local public administration body. 16. Agenda of the territorial commission meetings shall be prepared by the secretary in charge based on the activity plan or proposals submitted by the chairman and members of the territorial commission. 17. Members of the territorial commission shall be informed about the agenda at least 5 days beforehand the meeting along with the materials to be examined during the meetings. 18. Meetings of the territorial commission shall be held based on the necessity, but not less than once in a trimester and are deliberative if the majority of members take part in these. 19. The territorial commission meetings shall be held during the working day. During the period of the commission activity, its members shall receive the average monthly salary of the permanent job. 20. The minutes of meeting of the territorial commission meeting shall be prepared by the secretary in charge within 3 days from the date of holding the meeting. 21. Each meeting shall be public and shall be closed by adopting a decision, which shall be publicly disclosed by means of mass-media. 22. Decisions of the territorial commission shall be approved by a majority vote of the members present at the meeting. 23. Decisions of the territorial commission shall be signed by the Chairman and the secretary.
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24. Decisions of the territorial commission and excerpts of the minutes of meeting shall be presented to the National Committee.
V. Cooperation between the territorial commission and National Committee
25. Decisions of the National Committee shall be executed by the territorial commission. 26. The activity of the territorial commissions may be examined and evaluated at the meeting of the Na- tional Committee, which shall exercise control over the activity of the commission. 27. The territorial commission shall inform the National Committee by 10 January and 10 July about the activities held in the field of prevention and combating trafficking in human beings within the territory, sub- mitting proposals on the increase of their efficiency.
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22. DECISION on Approval of Regulation on Procedure for Repatriation of Child and Adult Victims of Human Trafficking, Trafficking of Illegal Migrants, and Unaccompanied Children No. 948 of Aug. 07, 2008 Monitorul Oficial No. 152-153/949 of Aug. 12, 2008
*** The Government takes the DECISION: 1. The Regulation on procedure for repatriation of children and adults – victims of human trafficking, il- legal migrants’ trafficking, as well as unaccompanied children (Annex) is approved. 2. The central specialized public authorities shall ensure implementation of provisions of Regulation on procedure for repatriation of children and adults – victims of human trafficking, illegal migrants’ trafficking, as well as unaccompanied children. 3. The Ministry of Finance shall allocate annually, starting in the 2009 budget year, state budget funds for repatriation of said persons pursuant to provisions of the abovementioned Regulation. 4. The National Committee for Combating Human Trafficking shall supervise implementation of this Deci- sion.
PRIME MINISTER Zinaida GRECEANII
Other signatures: Vice Prime Minister, Minister of Foreign Affairs Andrei Stratan and European Integration Minister of Internal Affairs Valentin Mejinschi Minister of Social Protection, Family and Child Galina Balmos Minister of Finance Mariana Durlesteanu
Chisinau, August 07, 2008 No. 948.
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Approved By Decision of the Government No. 948 of August 07, 2008
REGULATION on Procedure for Repatriation of Children and Adults – Victims of Human Trafficking, Il- legal Migrants’ Trafficking, as well as Unaccompanied Children
Chapter I GENERAL PROVISIONS
1. This Regulation establishes the procedures for: repatriation into the country of human trafficking victims (adults and children); of children unaccompa- nied by parents or legal representatives that stay on the territory of foreign states (hereinafter, unaccompanied children) and of victims of illegal migrants’ trafficking; covering expenses incurred over the process of repatriation into the country of human trafficking victims (adults and children); of unaccompanied children and of victims of illegal migrants’ trafficking; identification of parents and other legal representatives of children, of human trafficking victims unable or with limited ability to take care of themselves; emergency protection of persons stipulated in this Regulation by provision of competent protection ser- vices. 2. For the purpose of this Regulation, the following terms shall mean: victim of human trafficking – physical person presumed or determined to have been subjected to traffick- ing actions mentioned in items 1) and 2) of Article 2 of the Law No. 241-XVI of October 20, 2005 on prevention and combating human trafficking; victim of illegal migrants’ trafficking – person, that has been subjected to actions stipulated in art. 3621 of the Penal Code; unaccompanied child – person under 18, that was found without an accompanying person on the territory of a foreign state. 3. The provisions of this Regulation shall be applied in respect to persons mentioned in item 2 of the Regu- lation, which are citizens of the Republic of Moldova or people with no citizenship that have been residing permanently in the Republic of Moldova prior to entering the territory of another state. 4. This Regulation provides for nominating contact persons in all responsible ministries (Ministry of Social Protection, Family and Child, Ministry of Foreign Affairs and European Integration, Ministry of Internal Af- fairs, Ministry of Education and Youth, Ministry of Informational Development), as well as consular offices of the Republic of Moldova abroad, diplomatic missions and other organizations in the area.
Chapter II PRINCIPLES
5. Repatriation into the country of persons specified in item 2 of this Regulation shall be done in a voluntary manner, based on a written agreement signed by them, except for children under ten or, as the case may be, signed by a legal representative of the person, under which the respective person accepts assistance in the repa- triation process. Repatriation shall be also assisted when the legislation of the foreign state allows no possibility for a temporary or permanent stay of the person on the territory of that state. 6. The repatriation procedures shall be initiated only upon determination by competent authorities that the opinion of the person regarding repatriation has been taken into consideration. 7. Taking into account the age and level of maturity of the child, his/her opinion will be taken into con- sideration in all decisions and actions which might affect him/her, except for cases stipulated in item 5 of this
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Regulation, including return to the country of origin, reunification with the biologic family, extended family or placement in other types of care, etc. 8. Repatriation of children shall be done with care for the best interests of the child, by submitting docu- ments confirming a sustainable solution for the child’s care. 9. The decision for repatriation of a child shall be taken only when a secure reunification of the child with his/her family may be attained in which, upon consultation with the Ministry of Social Protection, Family and Child, an appropriate institution agrees to provide and is capable of providing adequate protection and care upon arrival of the child in the Republic of Moldova. The competent authorities involved in the process recog- nize that repatriation may fail to take place. If, upon social and family assessment, risk and safety assessment, the evaluation of the level of integration of the child in the host country and his/her length of absence from the native country, desirability of continuing education of the child in the host country and ethnic, religious, cultural and language aspects related to the child, indices exist that repatriation is not in the best interests of the child, the competent authorities may take the decisions for nonrepatriation of the child. 10. When the age of the identified person is not known precisely, but grounds exist to believe that the per- son is a child, the respective person shall be treated as a child and he/she shall be granted all special protection measures, stipulated in this Regulation and in legal acts referring to child’s rights and protection of the child until the exact age of the person is established. 11. The person shall be provided all relevant information related to rights, available services, communica- tion means, means for family identification and for seeking a protection institution as well as other informa- tion regarding the country of origin in his mother tongue or other language known by the person taking into consideration the person’s level of understanding. 12. Any information on the identity of the person shall be examined by competent institutions, with ob- servance of confidentiality principles in order to avoid stigmatization and endangering the person and his/her relatives. 13. The identity and the details leading to identification of the child shall not be made public in mass media or other means, except in exceptional circumstances, when facilitating identification of the family members is necessary or aiming at child protection. 14. Personal data shall be processed (compiled, registered, stored, corrected, deleted and transmitted) with the consent of persons mentioned in item 2 of this Regulation, or, as the case may be, with consent of his/her legal representatives with due respect to right to privacy and identity. The person has the right to know which institution owns his/her personal data and to obtain a copy of the respective information. 15. The Ministry of Social Protection, Family and Child is responsible for undertaking all actions related to preparing for and initiation of repatriation procedures for persons mentioned in item 2 of this Regulation. 16. Activities related to identification of human trafficking victims and their families, provision of travel and identity documents for persons mentioned in item 2 of this Regulation, as well as translation/interpretation services as needed, pursuant to law provisions should be exempt from consular taxes and other existing taxes or/and fees. 17. Transportation expenses of the repatriated person and his/her accompanying persons shall be covered in compliance with the readmission agreements and other cooperation agreements signed by the Republic of Moldova with other states. 18. When no signed readmission agreements exists, the expenses shall be covered by the Ministry of Social Protection, Family and Child.
Chapter III COOPERATION WITH COMPETENT AUTHORITIES OF THE DESTINATION COUNTRY FOR IDENTIFICATION OF PERSON’S PLACE OF RESIDENCE, HIS/HER PLACEMENT UNDER PROTECTION AND INITIATION OF REPATRIATION PROCEDURE
19. The authorities, responsible for implementation of this Regulation, shall enhance cooperation with authorities of other countries, national and foreign international and nongovernmental organizations with a view of improving and making more efficient the repatriation procedures as well as the procedures for search of
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persons believed to be victims of human trafficking, victims of illegal migrants’ trafficking or unaccompanied children. 20. Upon receipt of information about existence of persons stipulated in item 2 of this Regulation in a for- eign country, competent state authorities, as well as other persons, institutions and associations of the Republic of Moldova shall, within 5 days of receiving the information, inform the Ministry of Social Protection, Family and Child in writing. This Ministry shall seek the assistance of diplomatic an consular missions of the Republic of Moldova in the matter through Ministry of Foreign Affairs and European Integration. 21. The provisions of item 20 shall be observed also when information about existence of persons stipulated in item 2 of this Regulation is received from the respective persons themselves or from their families, as well as when notification was made by a third party. 22. The diplomatic and consular missions of the Republic of Moldova, shall, immediately upon receipt of information about existence of persons stipulated in item 2 of this Regulation in a host country, undertake the necessary actions for identification of such persons and shall request information about data and identity documents of the respective person, other useful and necessary information, about applied protection actions, psychic and physical state of the person and his/her fitness to travel, repatriation agreement, etc. from compe- tent authorities of the respective country. 23. The diplomatic and consular missions of the Republic of Moldova shall ensure transfer of information from authorized institutions of Moldova and of the destination country within five working days if the interna- tional agreements entered into by the Republic of Moldova do not provide otherwise. 24. The diplomatic and consular missions of the Republic of Moldova shall inform the Ministry of Social Protection, Family and Child through Ministry of Foreign Affairs and European Integration within five work- ing days about persons specified in item 2 of this Regulation, which request or need repatriation. 25. The diplomatic and consular missions are responsible for addressing applications to authorities within the country or the country on the territory of which any person specified in item 2 of this Regulation has been detected and shall apply to the authorities of the respective country to obtain adequate protection and assis- tance prior to repatriation. 26. The diplomatic and consular missions shall provide to persons specified in item 2 of this Regulation assistance with translation, accommodation, emergency healthcare, and other care as needed pursuant to the law of the respective state.
Chapter IV PROCEDURES FOR CHILD REPATRIATION
Section 1 Checking child’s identity, his/her documents and initiation of procedures for seeking his/her family or legal representative
27. When a detected child has no documents to confirm his/her identity, the diplomatic and consular mis- sions shall check the child’s identity through ACCES automated system or seek assistance from the Ministry of Information Development in the matter. 28. The Ministry of Information Development shall undertake the necessary actions for child identification and send the data to the Ministry of Foreign Affairs and European Integration and to the Ministry of Social Protection, Family and Child within three working days from receipt of request. 29. If the Ministry of Information Development has no information related to the child (its birth has not been registered in the Register of Births, Deaths and Marriages), the responsibility for checking the child’s identity lies with the Ministry for Social Protection, Family and Child which, in cooperation with the Ministry of Informational Development and local public authorities shall undertake the following actions: 1) identify birthplace of the child; 2) obtain information from structures of the Ministry of Health regarding birth of the child by parents which are citizens of the Republic of Moldova;
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3) obtain information about parents when birth has not been registered with the authority for registration births, deaths and marriages or with consular offices of the Republic of Moldova abroad to find out facts about child’s birth. 4) initiate procedures fro late or subsequent registration of child’s birth in offices for registtration of births, deaths and marriages pursuant to provisions of Law No. 100-XV of April 26, 2001 on personal documents. 30. The Ministry for Social Protection, Family and Child shall notify through Ministry of Foreign Affairs and European Integration the authorities of the destination country about initiation and evolution of the child’s identification process. 31. Upon receipt of the information about the child, the Ministry for Social Protection, Family and Child shall urgently initiate the procedure for identification of the family / legal representative of the child (or, as the case may be, an institution which has the responsibility for the child’s care) and shall request their agreement for repatriation., except when the search activity or method of its implementation is contrary to the best inter- ests of the child. 32. When the persons referred to in item 31 of this Regulation cannot be found at their place of residence or disagree with the child’s repatriation, the Ministry for Social Protection, Family and Child shall notify the guardianship authority of child’s or family’s last known residence, which shall write a note for child’s repatria- tion and ensure that actions for child’s protection are taken, as needed. 33. When child’s family may not be identified, the Ministry for Social Protection, Family and Child shall request that diplomatic or consular mission contacts local authorities in the destination country in order to secure the opportunity to talk with the child for collection of biographic and social data, either involving the representatives of the diplomatic or consular mission, or, as the case may be, other nominated specialists, which shall inform the Ministry for Social Protection, Family and Child about the results. 34. If the identity of the child may not be determined, the Ministry for Social Protection, Family and Child through the Ministry of Foreign Affairs and European Integration shall inform the protection authorities in the destination country about the fact that the child may not be included in the category of persons referred to in item 2 of Regulation and, thus, the Moldovan authorities do not undertake further responsibility for the respective child’s repatriation. 35. During the repatriation process and after it, the Ministry for Social Protection, Family and Child in co- operation with the Ministry of Internal Affairs, shall organize the risk and safety assessment of the child and the family, including examination of possible stigmatization/harassment actions of the society or family, threaten- ing, repression or coercion of the child or his/her relatives by traffickers or their accomplices; retrafficking. 36. When it is found that the stay of the child on the territory of a foreign state is the result of a criminal act, the Ministry of Internal Affairs shall initiate criminal investigation procedures in respect to the case. 37. The Ministry for Social Protection, Family and Child shall request competent authorities of the territory of the last known place of residence of the child and family to carry out the emergency social assessment of the family and to develop an initial individual plan for preparing for social reintegration of the child. 38. As more relevant information about the child and family is collected (identity, primary evaluation of the family, initial individual plan, etc.), the Ministry for Social Protection, Family and Child shall pass it to the authorities of the destination country through the Ministry of Foreign Affairs and European Integration, diplo- matic and consular missions. When the file is closed, the Ministry for Social Protection, Family and Child shall inform the destination country about: repatriation date, accompanying person, transportation means, border crossing points, actions necessary for preparing the child for travel, etc.
Section 2 Repatriation of the child and placing him/her under protection
39. Upon obtaining the consent for repatriation from the authorities of the destination country, the Minis- try for Social Protection, Family and Child shall: 1) plan for the repatriation and carry out logistic arrangements taking into account available resources; 2) issue an order to nominate the accompanying persons, which should have the necessary abilities for car- rying out the task;
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3) prepare an accompanying letter comprising the data of the accompanying person/s and of the child to be repatriated, border crossing points, and, as the case may be, other relevant information to be presented by accompanying person/s upon request of authorities involved in repatriation; 4) carry out the translation of documents to be passed towards this aim to the authorities of the destination country. 40. When repatriation is done through a third country, the diplomatic and consular missions of the Repub- lic of Moldova in the third country shall provide assistance to facilitate transit permission and issue of transit documents. When needed, the diplomatic and consular missions shall contact the authorities of the destination country to speed up transit, obtain necessary transit documents, provide assistance in finding/ identification/ transportation/ accompanying in entry/exit points to/from the transit country based on a readmission agree- ment, facilitate communication with parents residing in a third country and facilitate family reunification in a third country. 41. The Ministry of Foreign Affairs and European Integration shall provide assistance in obtaining the visa/s for the accompanying person to reach destination country, take actions to remove existing barriers in destination country associated with repatriation process. 42. Upon arrival, the child shall be met by parents or other legal representatives. Alternatively, the guard- ianship authority of the last residence of the parents or, as the case may be, the Ministry for Social Protection, Family and Child shall nominate a person to accompany the child to his/her home or to the assigned protection institution, which has been determined and informed beforehand. 43. When a child is met at the border crossing point by a staff member of a protection institution, the per- son, which accompanies the child, and the person nominated to receive the child shall sign Minutes regarding the transmission/receipt of the repatriated child. 44. If authorities of the destination country undertake responsibility for accompanying and repatriation of the children, the diplomatic and consular missions shall inform the Ministry for Social Protection, Family and Child about this decision in the matter and any relevant details related to planned repatriation.
Section 3 Rehabilitation, monitoring and reporting
45. The protection institution, that has taken over the child at the border crossing point or at the final des- tination point is responsible for the child’s life and safety and shall initiate the process for child’s rehabilitation, taking into account his/her age, problems, suggestions of authorities of the destination country involved in repatriation, etc. 46. The Ministry for Social Protection, Family and Child shall request that the guardianship authorities on the territory of the child’s residence or local authorities in the community where the protection institution ad- mitting the child is situated , take needed social and family reintegration actions or select and establish another type of protection pursuant to the legislation. 47. The guardianship authority shall monitor the situation of the child pursuant to law provisions and sub- mits respective reports to the Ministry for Social Protection, Family and Child. 48. The relevant information on repatriation procedure, reintegration and monitoring of the child upon repatriation shall be concentrated in a special file of the child, which is stored with the Ministry for Social Pro- tection, Family and Child Ministry. 49. Upon request of some information regarding the situation of persons specified in item 2 of this Regula- tion after repatriation by foreign competent authorities, the Ministry for Social Protection, Family and Child shall send the relevant information, upon consent of the respective persons or their legal representatives, through the Department for Consular Affairs of the Ministry of Foreign Affairs and European Integration.
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Chapter V PROCEDURES FOR REPATRIATION OF ADULTS
Section 1 Verification of person’s identity and documentation for initiating the repatriation procedure
50. If the adult, specified in item 2 of this Regulation, has no identity documents, the diplomatic and con- sular missions shall check the identity of the person through the automated system ACCES or request the as- sistance of the Ministry for Informational Development in the matter. The Ministry of Informational Development shall undertake the necessary actions for identification of the adult and pass the results to the Department for Consular Affairs and to the Ministry for Social Protection, Family and Child within three working days from the receipt of the request. 51. The diplomatic and consular missions shall issue the necessary documents to the person to be repatri- ated within three days. 52. The diplomatic and consular missions and the Honorary Consuls of the Republic of Moldova in a third country shall grant assistance for facilitating permission for transit and issue of travel documents for the repa- triation of the respective person. In case of need, the diplomatic missions and consular offices, as well as Honorary Consuls of the Republic of Moldova shall contact authorities of the third country to speed up physical transit, obtaining of necessary transit documents, provision of assistance in finding / identification / transportation / accompanying the per- son in entry / exit border crossings of the transit country based on a readmission agreement; facilitation of communication with parents or children staying in a third country and facilitation of family reunification in a third country. 53. During the repatriation process and upon repatriation, the Ministry for Social Protection, Family and Child in cooperation with the Ministry of Internal Affairs shall carry out the risk and safety assessment of the person to be repatriated and his/her family, including examination of possible stigmatization/harassment ac- tions of the society or family, threatening, repression or coercion of the person or his/her relatives by traffickers or their accomplices; retrafficking. 54. For efficient and accurate risk assessment, the opinion of the respective person shall be taken into ac- count throughout the process, while the repatriation decision shall be based on voluntary participation of the person in the repatriation procedure. 55. If risk and safety assessment has shown impending danger for the life and safety of the person to be re- patriated, the competent service of the Ministry of Internal affairs shall, upon request of the Ministry for Social Protection, Family and Child, nominate one or more accompanying policemen, that will travel to the destina- tion country to accompany the person throughout the travel or meet the person at the border crossing point in the Republic of Moldova, thus ensuring the person’s physical safety. 56. When the person to be repatriated has serious psychic or physical disorders, confirmed by a fit to travel certificate issued by competent authorities of the destination country, the Ministry of Health, upon request of the Ministry for Social Protection, Family and Child shall appoint one or more specialist doctors to travel to the destination country in order to accompany the person throughout the travel or meet the person at the border crossing point in the Republic of Moldova .
Section 2 Person’s repatriation and placing under protection
57. The Ministry for Social Protection, Family and Child is responsible for implementing all actions for preparing and launching person’s repatriation procedures (questionnaire on social and family circumstances, setting the repatriation conditions and date, nomination of an accompanying person, taking care of emergency placement and/or long term placement upon arrival in the country, referral to available services). 58. Upon finalizing risk and safety assessment, issue of travel documents and obtaining the consent for repatriation from the respective person, the Ministry for Social Protection, Family and Child shall plan repa-
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triation, protection actions to be taken and send the diplomatic missions and consular offices, the Ministry of Internal Affairs, the Border Service the last and first names of the person to be repatriated, number and series of the travel documents, transportation means, date and hour of arrival in the border crossing point for enter- ing the territory of the Republic of Moldova. When there is an accompanying person, the identity data of the accompanying person/s shall be provided. 59. The Border Service of the border crossing point of the Republic of Moldova shall facilitate the access of the representatives of the Ministry for Social Protection, Family and Child, Ministry of Internal Affairs, Minis- try of Health appointed to meet the repatriated person and to accompany him/her home or to the specialized institution determined beforehand.
Section 3 Rehabilitation, monitoring and reporting
60. Upon conclusion of repatriation procedure, the Ministry for Social Protection, Family and Child shall, in accordance with the voluntary consent of the repatriated person, undertake all actions for his/her rehabilita- tion and reintegration within the National Referral System for providing assistance and protection to human trafficking victims and potential victims. 61. Any documentation and monitoring of individual cases should be done with observance of the right to privacy and international and regional standards for protection of information. 62. When foreign competent authorities request data regarding the circumstances of the person after repa- triation, the Ministry for Social Protection, Family and Child shall provide any relevant data in the matter with prior consent of the respective person.
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23. DECISION on the Approval of the Strategy of the National Referral System to Protect and Assist Victims and Potential Victims of Trafficking in Human Beings and of the Action Plan for the Implementation of the Strategy on the National Referral System to Protect and Assist Victims and Potential Victims of Trafficking in Human Beings during 2009-2011 No. 257-XVI of 05.12.2008*
Parliament adopts this Decision.
Art.1. – The following are approved: - the Strategy of the National Referral System to protect and assist victims and potential victims of traffick- ing in human beings, as presented in annex no. 1, which is a component part of this decision, and - the 2009-2011 Action Plan to implement the National Referral System to protect and assist victims and potential victims of trafficking in human beings, as presented in annex no. 2, which is a component part of this decision.
Art.2. – The implementation of the above mentioned strategy will be funded within the limits of allocations from relevant budgets and from funds received from other sources, according to legislation.
Art.3. – Specialized central public administration authorities and local public administration authorities will take appropriate measures for the implementation of the above mentioned strategy and action plan, within the limits of their competences, and will submit semester reports on the results to the Ministry of Social Protec- tion, Family and Child.
Art.4. – The Ministry of Social Protection, Family and Child: - will monitor and coordinate the process of implementation of the above mentioned strategy and action plans, and - will synthesize the information and annually, before March 30th, submit a report on the implementation of the strategy and action plan to the Government and the National Committee to Combat Trafficking in Hu- man Beings.
Art.5. – The Government will insure the implementation of this Decision and will periodically inform the Parliament about the implementation of the above mentioned strategy.
Chairperson of Parliament Marian LUPU Chişinău, 5 December 2008. No.257-XVI.
* Monitorul Oficial nr.27-29/66 of 10.02.2009
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Annex no. 1
THE STRATEGY of the National Referral System to Protect and Assist Victims and Potential Victims of Traf- ficking in Human Beings
INTRODUCTION
Human trafficking is a pressing issue for modern society. The dimension of the phenomenon on the global scale requires the governments of countries affected by this problem to take immediate action. Human traf- ficking is a violation of human rights and human dignity and integrity. The principles of democratic society are incompatible with treating human beings as goods for sale. International organizations estimate that there are about 2.45 million victims of trafficking, most of them women and children. The proportion of the phenomenon requires massive action to mobilize the resources and strengthen the efforts of the governments and civil society in an efficient partnership to prevent and combat trafficking in human beings. Developing a strong system of action against trafficking in human beings is an adequate solu- tion for diminishing this phenomenon. Implementing such a system is a major concern for the Republic of Moldova.
I. SITUATION ANALYSIS
1. Trafficking in human beings continues to be a complex problem for the Republic of Moldova and it needs to be addressed without delay. Existing data proves that citizens of the Republic of Moldova in 2000-2007 were subjects of exploitation in 32 countries around the world. The seriousness of the situation shows that the Republic of Moldova is still a country of origin for trafficking in human beings. Also, to a lesser extent, the Republic of Moldova is a transit country for victims of human trafficking from ex-Soviet countries to the Euro- pean states. Cases of trafficking for organ and tissues transplantation have also been registered. In most of the cases, victims are individual persons. Victims of trafficking for exploitation and forced begging are minors and mothers with children. The majority of victims of trafficking come from rural areas. Most of them, including the victims of domestic violence, are young people without a profession or a job. Internal trafficking also exists in the Republic of Moldova. Inhabitants of rural areas are trafficked to bigger cities. Under these circumstances, nongovernmental organizations (public and religious) and international organizations make considerable ef- fort, through the implementation of programs to prevent and combat this phenomenon and to prevent, identify and assist victims of human trafficking. 2. Existing tendencies show that the age range of the victims of trafficking is continuously expanding. The cases where victims of trafficking are either more than 25 years of age or children are more frequent than compared with the two previous years when most of the victims were aged 18-25. The methods to recruit and transport the victims of human trafficking abroad and the forms of exploitation have become more diverse. The number of cases when former victims of trafficking have become traffickers and recruited others has also increased. An integrated system to collect data on trafficking in human beings does not exist at the national level. Agencies active in preventing and combating human trafficking and assisting victims of human traffick- ing offer different statistics, depending on their specific responsibilities. 3. During the last few years, the Government took a range of measures to suppress human trafficking and to protect the victims. The Republic of Moldova ratified several international acts on human trafficking: the UN Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000); the Council of Europe Convention on Action against Trafficking in Human Beings (2005), and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000). Also, the Law no. 241- XVI to Prevent and Combat Trafficking in Human Beings was adopted on 20 October 2005 and the Criminal Code and the Code of Administrative Offences were harmonized with international normative acts in the field (2005). Several documents regulating activities in the field were developed and approved: the National Plan of Action to Prevent and Combat Trafficking in Human Beings during 2008-2009; the Framework/Regulations
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on the Organization and Functioning of the Centers to Protect and Assist Victims of Trafficking in Human Beings (2006), and bilateral agreements concerning combating human trafficking were reached with Several states (Turkey, Russian Federation, Romania, Ukraine, etc.). Simultaneously with the legal framework devel- opment, the Government set up institutional structures: the National Committee to Combat Trafficking in Human Beings (2001); the Coordination Council for Law Enforcement Agencies of the General Prosecutor’s Office (2007), and territorial commissions to combat trafficking in human beings (2002). With the support of donors, the Center to Combat Trafficking in Persons was created within the Ministry of Interior (2006). At the same time, the Coordination Unit for the National Referral System to protect and assist victims and potential victims of human trafficking (hereinafter referred to as NRS) was created within the Ministry of Social Protec- tion, Family and Child with the financial support of the International Organization for Migration, based on the Memorandum of Cooperation signed between the two parties in 2006. During the last years the number of criminal cases and the number of persons convicted for crimes related to human trafficking increased considerably. The Supreme Court of Justice compiled the results of cases related to human trafficking, including trafficking in children, smuggling of children and pimping (2006). 4. The measures taken during the last two years contributed to the stabilization of the situation in this field, however the dimension of the phenomenon requires the Government to define concrete actions and new ways to prevent and combat trafficking in human beings.
II. ARGUMENT REGARDING THE NEED TO STRATEGICALLY ADDRESS TRAFFICKING IN HUMAN BEINGS
5. To better organize the protection and assistance of victims of human trafficking, to implement measures to prevent human trafficking, and to consolidate the efforts of all actors involved in combating this phenom- enon in the Republic of Moldova, a systemic approach is needed. The NRS was created to reflect a special framework for cooperation, through which governmental structures would fulfil their obligations related to the protection and promotion of human rights of the victims of human trafficking and coordinate their efforts in a strategic partnership with civil society and with other actors in the field. The NRS is based on common prin- ciples guiding the implementation of activities in this field and on international standards on actions against trafficking in human beings. 6. Development and implementation of referral systems at the national level are set forth in the OSCE Action Plan to Combat Trafficking in Human Beings, which was approved by the Council of Ministers in Maastricht in December 2003, and in the Action Plan “Republic of Moldova – European Union” (paragraph 52), which was approved on 22 April 2005 in the Government Decision No. 356. The creation of the NRS con- tributes to the creation and development of state democratic institutions based on the rule of law, and ensures the protection of fundamental human rights and freedoms through a system of political and legal guarantees. The structure and the organization of the NRS is designed to involve all levels of society: private persons, non- governmental organizations and governmental structures at the local, national and transnational levels. 7. The following are the goals of NRS implementation in the Republic of Moldova: - prevention of trafficking in human beings by providing social assistance to potential victims, and - development of transnational cooperation, which is so important for the Republic of Moldova. 8. The goal of the NRS Strategy (hereinafter referred to as the Strategy) is to integrate the system to protect and assist victims of human trafficking into the social assistance system. 9. The reform of the existing method to protect and assist victims of human trafficking will be implemented in phases to maintain the quality of the provided assistance and of the victims’ legal rights protection. 10. Often victims of trafficking are children at risk (children left without parental care or children from a family at risk, etc.) or victims repatriated from the Russian Federation and Ukraine by the Ministry of Social Protection, Family and Child in partnership with the IOM Mission in Moldova and the “Terre des hommes” Foundation. The National Strategy on Child and Family Protection, approved on 16 June 2003 by Government Decision no. 727, defined the framework for addressing children and families’ problems and promoted the quality and accessibility of the social assistance and the development of a system of services at the local level. Specialists in preventing and combating trafficking in human beings (police, social assistants, representa- tives of local agencies) face some difficulties in identifying child victims. Children’s need for special protection and care is not fully understood. Furthermore, there is a lack of cooperation and communication among the
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actors responsible for preventing and combating the phenomenon. The Strategy is designed to contribute to the implementation of the objectives related to child and family protection against human trafficking. 11. The provisions of the Strategy are in line with the national medium term priorities set by the National Development Strategy for 2008-2011, adopted in Law no.295-XVI of 21 December 2007 and with the activities included in the Action Plan to Implement the National Development Strategy for 2008-2011, approved by the Government’s Decision no. 191 of 25 February 2008.
III. GOALS, OBJECTIVES AND PRINCIPLES OF THE STRATEGY
12. The goal of the Strategy is to ensure a systemic approach to the protection and assistance of victims and potential victims of human trafficking and to ensure respect for human rights. 13. The general objective of the Strategy is to implement the systemic approach to the protection and as- sistance of victims and potential victims of human trafficking. 14. The Strategy is oriented toward achieving the following specific objectives: - developing the system to protect and assist victims of trafficking in human beings based on a systemic approach; - harmonizing the legal and normative framework to prevent and combat trafficking in human beings with the requirements of the international treaties in this field; - ensuring the access to qualitative services for victims and potential victims of trafficking in human beings; - strengthening the professional capacities of human resources concerning the protection and assistance to victims and potential victims of trafficking in human beings; - strengthening the institutional framework to prevent and combat human trafficking at all levels of public administration; - developing the system to protect the victims and witnesses of human trafficking participating in the crimi- nal process; - developing the mechanism to finance the measures to protect and assist victims and potential victims of human trafficking; - developing instruments and procedures to refer victims and potential victims of human trafficking within the NRS; - developing a system to monitor and evaluate the victims and potential victims of human trafficking; - setting up a system to collect data on preventing and combating trafficking in human beings, ensuring the application of personal data protection; - developing within the NRS, social partnerships in the field of preventing and combating trafficking in human beings, and - raising public awareness about preventing and combating trafficking in human beings. 15. The principles of the Strategy: - respect for and restoration of fundamental human rights; - respect for the best interests of the child victim or potential victim of human trafficking; - confidentiality of information and inviolability of the private life of the victims and potential victims of trafficking in human beings; - responsibility of the state to ensure the protection of the victims of trafficking in human beings; - nondiscrimination; - focus on the individual; - the victim’s agreement to benefit from protection and assistance; - unconditioned access to protection and assistance for the victims and potential victims of trafficking in human beings; - a social partnership; - a multidisciplinary and interdisciplinary approach, and - the development of transnational cooperation.
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IV. BENEFICIARIES OF THE STRATEGY
16. The following are the beneficiaries of the Strategy: - children and adult victims of trafficking in human beings; - children and adult potential victims of trafficking in human beings; - families of victims and potential victims of trafficking in human beings, including extended families; - professionals working to protect and assist victims and potential victims of trafficking in human beings; - representatives of the specialized bodies of the central public authorities and local public administration authorities, and - civil society representatives.
V. MEASURES TO IMPLEMENT THE STRATEGY
17. The system to protect and assist victims of trafficking in human beings will be developed based on a systemic approach through: - consolidating the institutional framework concerning the prevention and combating of trafficking in hu- man beings at all levels of public administration; - setting up the NRS; - defining the responsible structure for the general coordination of activities within the NRS, and - developing a system to monitor and evaluate the victims and potential victims of human trafficking. 18. The harmonization of the legal and normative framework to prevent and combat trafficking in human beings with the requirements of international treaties in this field involves: - drafting regulations on organizing and ensuring the protection and assistance of victims and potential victims of trafficking in human beings, including the protection of victim-witnesses, etc.; - amending the regulations of the Ministry of Social Protection, Family and Child on the coordination of activities at all levels of the NRS. The coordination will be conducted as follows: - at national/transnational level – by the National Committee to Combat Trafficking in Human Beings; - at the local level – by the territorial commissions to combat trafficking in human beings; general coordination – by the Ministry of Social Protection, Family and Child, and - at the operational coordination level – by the multidisciplinary team at local/ national/transnational levels; - developing regulations on the operations of the territorial multidisciplinary team within the NRS; - drafting and concluding bilateral agreements with other states on identification and repatriation of victims and potential victims of human trafficking; - developing minimum quality standards for services to protect and assist victims and potential victims of trafficking in human beings, and - developing the mechanism for accreditation of the services to protect and assist victims and potential victims of trafficking in human beings. 19. Access to qualitative services for the victims and potential victims of trafficking in human beings will be insured through: - providing protection and special assistance to child victims and potential victims of trafficking in human beings, based on the best interests of the child, with a special focus on: the integration (reintegration) of the child into the family and society; the presence and agreement of the child’s parents or legal representatives; providing immediate protection, taking into consideration the child’s opinion and the maturity of his/her judgment; - developing the system of social assistance provided by the state to protect and assist victims and potential victims of trafficking in human beings, including children, in line with the state policy regarding the reform of the system for the social protection of the family and child rights; - developing the local network of services for the protection and assistance to victims and potential victims of trafficking in human beings in partnership with donors and civil society, and - equipping a system of services with the necessary supplies and support materials.
235 Trafficking in human beings and gender equality in Moldova
20. The professional capacities of the human resources providing protection and assistance to victims and potential victims of trafficking in human beings will be consolidated through: - developing the curriculum/modules for the initial and in-service professional training of the specialists working within the NRS on preventing trafficking in human beings and assisting victims and potential victims; - developing didactical materials for the implementation of the professional training modules; - implementing the curriculum for the professional training of social protection specialists on preventing trafficking in human beings and assisting victims and potential victims, and - creating a system for the certification of social protection personnel in preventing trafficking in human beings and assisting victims and potential victims. 21. The development of the mechanism to finance the measures of protection and assistance of victims and potential victims of trafficking in human beings, including the creation of a support program for the victims of trafficking in human beings. 22. A system to collect data on preventing and combating trafficking in human beings, respecting the prin- ciple of personal data protection, will be created through developing: - the concept of the data-collection informational system; - the regulations on the administration of the informational system, and - the framework agreement on collecting, processing and exchanging information on cases of trafficking in human beings (between the information providers and the possessor – the Ministry of Social Protection, Family and Child). 23. Social partnerships in the field of prevention and combating of human trafficking will be created within the NRS through: - concluding a common agreement between the parties to the NRS and bilateral cooperation agreements; - strengthening the interdepartmental structures to coordinate the actions of different NRS actors at differ- ent levels: - at the central level – the groups of experts, and - at the raion level – territorial commissions to combat trafficking in human beings and multidisci- plinary coordination teams, and - promoting partnerships between governmental structures and civil society while developing and imple- menting the policies in the field. 24. The public awareness about preventing and combating trafficking in human beings will be raised through: - developing a communication strategy within the NRS; - developing information materials on trafficking in human beings; - encouraging media promotion of the activities on human trafficking, and - implementing communication campaigns concerning preventing trafficking in human beings.
VI. FINANCIAL RESOURCES
25. The development of the NRS requires a gradual increase in allocated financial resources and diversified and flexible financial mechanisms. The activities to implement the Strategy will be funded within the limits of the financial resources approved for the relevant years from the state budget, the budgets of the administrative territorial units and other sources, according to the relevant law.
VII. EXPECTED RESULTS AND PROGRESS INDICATORS
26. The implementation of the Strategy will contribute to ensuring the protection and assistance to victims and potential victims of trafficking in human beings, increasing the efficiency of the entire system of prevent- ing and combating human trafficking, and improving the coordination between the structures and institutions involved in the process. 27. The expected results are:
236 Updated normative acts
- a developed NRS; - the Ministry of Social Protection, Family and Child will be responsible for the coordination of the activi- ties at all levels of the NRS from the operational point of view; - optimization of measures to prevent trafficking in human beings; - harmonization of the legal framework in the field of prevention and combating of trafficking in human beings; - improved quality of protection and assistance provided to victims of trafficking in human beings (length and diversification of the assistance, new services at local level, etc.); - increased efficiency of the actions to protect and assist identified victims and potential victims of traffick- ing in human beings; - more efficient prosecution of the criminals for trafficking in human beings; - developed standard procedures for the protection and assistance of victims and potential victims of traf- ficking in human beings (procedures for identification, repatriation, referral, protection and assistance); - the curriculum for initial and in-service professional training developed and implemented; - informational and didactical materials developed and distributed; - training for human resources in the field of preventing human trafficking and assisting victims and po- tential victims, and - increased awareness about trafficking in human beings. 28. The indicators of progress are the following: - integration of the NRS in the protection system; - increased number of identified and assisted potential victims of trafficking in human beings; - increased identification of victims of trafficking in human beings; - increased number of addressed cases; - increased number of professionals trained in the field of preventing and combating trafficking in human beings; - decreased number of victims and potential victims of trafficking in human beings; - increased number of victims and potential victims of human trafficking included in protection and as- sistance programs; - defined standard procedures for the protection and assistance to victims and potential victims of traffick- ing in human beings; - increased number of criminal cases investigated by the law enforcement bodies, and - increased number of victims of human trafficking whose rights are restored by the courts of justice.
VIII. IMPLEMENTATION STAGES
29. The Strategy will be implemented during 2009-2016. 30. The Strategy will be implemented according to the Action Plan presented in the annex no. 2. 31. The implementation of the Action Plan for the implementation of the Strategy during 2009-2011 re- quires an intersectorial and multidisciplinary approach of the protection and assistance of victims and potential victims of trafficking in human beings. 32. The Action Plan, as an instrument to implement the Strategy, updated at the end of each year, ensures flexible adjustments to the immediate changes and needs.
IX. CONSTRAINTS
33. The following are potential constraints for the implementation of the Strategy: - opposition to the cooperation between representatives of state structures and civil society; - prejudices against the victims of trafficking in human beings; - limited knowledge and skills of the professionals working in the fields related to the NRS;
237 Trafficking in human beings and gender equality in Moldova
- high turnover and insufficient human resources in the field of protection and assistance of victims and potential victims of trafficking in human beings; - insufficient financial allocations to insure protection and assistance of victims and potential victims of trafficking in human beings, and - insufficient services for the protection and assistance of victims and potential victims of trafficking in hu- man beings.
X. MONITORING AND EVALUATION
34. The monitoring and the evaluation of the system to protect and assist victims and potential victims of trafficking in human beings are based on the coordination of activities of NRS participants at all levels. 35. The monitoring will be conducted on permanent basis by completing standard monitoring forms and drafting quarterly monitoring reports. 36. The evaluation of the Strategy implementation will be conducted every 6 months by the permanent experts group. 37. The Ministry of Social Protection, Family and Child will: - based on the results of the evaluations, annually prepare and submit to the Government and the National Committee to Combat Trafficking in Human Beings a general report on the implementation of the Strategy, and - based on the results of the evaluations and identified needs, develop proposals at the end of each year for updating the Action Plan for the implementation of the Strategy during 2009-2011.
238 Annex no.2
ACTION PLAN for the Implementation of the Strategy of the National Referral System to Protect and Assist Victims and Potential Victims of Trafficking in Human Beings during 2009-2011
Costs, Deadline No. thousand Action Responsible agency Partners for imple- Funding source Expected result lei mentation 1 2 3 4 5 6 7 8 I. Legal and institutional framework 1. Harmonization of the national legal framework with the requirements of international treaties in the field 1.1. Drafting regulations on the identi- Ministry of Social Protec- Local public administra- 2009 2,5 International Orga- Approving the regulations fication of victims and potential vic- tion, Family and Child; tion authorities; Inter- nization for Migra- on the identification of vic- tims of trafficking in human beings Ministry of Local Public national Organization tion tims and potential victims of Administration; for Migration; UNICEF; trafficking in human beings 1.2. Drafting regulations on the protec- National Council for the International Center "La 2009 Within the State budget, Inter- Approving the regulations tion and assistance for victims and Protection of the Rights Strada”; Center to Prevent limits of national Organiza- on the protection and assis- potential victims of trafficking in of the Child; Ministry Trafficking in Women; budget al- tion for Migration tance for victims and poten- human beings of Foreign Affairs and National Center for Child locations and other sources tial victims of trafficking in European Integration; Abuse Prevention; Swiss human beings Ministry of Interior; Min- Foundation "Terre des 1.3. Drafting regulations on the protec- 2009 Within the State budget, Inter- Approving the regulations istry of Health; Ministry Hommes," and Ministry of tion of victims witnesses of traffick- limits of national Organiza- on the protection of victims of Education and Youth, Finance ing in human beings budget al- tion for Migration witnesses of trafficking in and Ministry of Economy locations and other sources human beings and Trade 1.4. Drafting regulations on the accredi- 2010-2011 Within the State budget, Inter- Approving the regulations tation of protection and assistance limits of national Organiza- on the accreditation of services for the victims and potential budget al- tion for Migration protection and assistance victims of trafficking in human be- locations and other sources services for the victims and ings potential victims of traffick- ing in human beings 1.5. Drafting/reviewing the regulations 2009-2010 Within the State budget and Approving the regulations on on the coordination of the activities limits of other sources the activity of the NRS coor- at all levels of the NRS, including the budget al- dination unit and the territo- operation level locations rial multidisciplinary team 1.6. Drafting/reviewing bilateral agree- 2009-2011 Within the State budget and The agreements are con- ments between the states on the limits of other sources cluded. identification and repatriation of budget al- victims and potential victims of traf- locations ficking in human beings
239 Updated normative acts 1.7. Drafting minimum quality standards Ministry of Social Protec- 2009-2010 Within the State budget and Approving minimum qual-
240 for protection and assistance servic- tion, Family and Child; limits of other sources ity standards for the protec- es for victims and potential victims Ministry of Local Public budget al- tion and assistance services of trafficking in human beings Administration; locations for victims and potential National Council for the victims of trafficking in hu- Protection of the Rights man beings of the Child; Ministry of Interior; Ministry of Health; Ministry of Education and Youth, and Ministry of Economy and Trade 2. Developing the system to protect and assist victims of trafficking in human beings based on a systemic approach 2.1. Creating and consolidating the NRS Ministry of Social Protec- Local public administra- 2009-2011 State budget and The NRS has been created tion, Family and Child; tion authorities; Inter- other sources and developed. Ministry of Local Public national Organization 179,0 International Orga- The NRS coordination Administration; National for Migration; UNICEF; 168,0 nization for Migra- unit is consolidated and Council for the Protec- International Center "La tion equipped. tion of the Rights of the Strada”; Center to Prevent 370,5 Consolidating the multidis- Trafficking in human beings and gender equality in Moldova
Child; Ministry of Inte- Trafficking in Women; 103,7 ciplinary team (equipment, rior; Ministry of Health; National Center for Child 103,7 training, communication Ministry of Education Abuse Prevention, and tools, support materials) and Youth, and Ministry Swiss Foundation "Terre 2.2. Developing the system to monitor of Economy and Trade des Hommes" 2009-2010 Within the State budget and The monitoring and evalu- and evaluate the victims and poten- limits of other sources ation system is developed. tial victims of trafficking in human budget al- Standard forms are devel- beings locations oped for reporting on moni- toring and evaluation. II. Protection and assistance services for victims and potential victims of trafficking in human beings 3. Ensuring access to quality services for victims and potential victims of trafficking in human beings 3.1. Developing protection and as- Ministry of Social Protec- Local public administra- 2009-2011 Within the State budget and Services are being provided sistance services for children and tion, Family and Child; tion authorities; Inter- limits of other sources adults Ministry of Local Public national Organization budget al- Administration; National for Migration; UNICEF; locations 3.1.1. Repatriation, rehabilitation (300 per- Council for the Protec- International Center "La 2009-2011 9386,0 International Orga- sons), reintegration (500 persons) tion of the Rights of the Strada”; National Center 1400,0 nization for Migra- Child; Ministry of For- for Child Abuse Preven- 1400,0 tion eign Affairs and European tion; Swiss Foundation 1400,0 Integration; Ministry "Terre des Hommes," and of Interior; Ministry Center to Prevent Traffick- of Health; Ministry of ing in Women Economy and Trade, and Ministry of Education and Youth 3.2. Co-funding the Center to Assist and Ministry of Social Protec- International Organiza- 2009-2011 512,5 State budget and The Center is functioning Protect Victims and Potential Vic- tion, Family and Child tion for Migration 608,6 other sources tims of Trafficking in Human Beings 769,0* 769,0*
III. Human Resources 4. Consolidating the professional capacities of human resources in the field of protection and assistance of victims and potential victims of trafficking in human beings 4.1. Developing the curriculum/ mod- Ministry of Social Protec- Local public administra- 2009 Within the State budget and Curriculum/modules are ules for initial and in-service profes- tion, Family and Child; tion authorities; Inter- limits of other sources developed sional training for the specialists Ministry of Local Public national Organization budget al- within the NRS on topics related to Administration; National for Migration; UNICEF; locations prevention and assistance to victims Council for the Protec- International Center "La and potential victims of trafficking tion of the Rights of Strada”; Center to Prevent in human beings the Child; Ministry of Trafficking in Women; 4.2. Developing didactical materials for Interior, and Ministry of Swiss Foundation "Terre 2009-2011 Within the State budget and Didactical materials are the implementation of professional Education and Youth des Hommes," and Na- limits of other sources developed training modules tional Center for Child budget al- Abuse Prevention locations 4.3. Implementing the curriculum for 2009-2011 714,0 International Orga- The curriculum was devel- the professional training of social nization for Migra- oped and included in the protection specialists on topics tion professional training plan. related to prevention and assistance The curriculum was imple- to victims and potential victims of mented and the trainers trafficking in human beings trained.
IV. Integrated information system 5. Creation of an integrated system to collect data on preventing and combating trafficking in human beings 5.1. Developing the concept of the infor- Ministry of Social Protec- Local public administra- 2009 Within the State budget and The concept is developed mational data-collection system tion, Family and Child; tion authorities; Inter- limits of other sources Ministry of Local Public national Organization budget al- Administration; National for Migration; UNICEF; locations Council for the Protec- International Center "La 56,0 International Orga- tion of the Rights of the Strada”; Center to Prevent nization for Migra- Child; Ministry of Inte- Trafficking in Women; tion rior; Ministry of Health, Swiss Foundation "Terre 5.2. Drafting regulations on the adminis- 2009-2010 The regulations are devel- and Ministry of Educa- des Hommes," and Na- tration of the informational system oped. tion and Youth tional Center for Child 5.3. Developing the framework agree- Abuse Prevention 2009-2011 Approving the framework ment on collecting, processing and agreement on collecting, exchanging information on cases of processing and exchanging trafficking in human beings information on cases of traf- ficking in human beings
241 Updated normative acts 242 V. Communication and information 6. Raising the public awareness about preventing and combating trafficking in human beings 6.1. Developing the NRS communication Ministry of Social Protec- Local public administra- 2009 Extra budget The Strategy is developed. strategy tion, Family and Child; tion authorities; Inter- sources 6.2. Developing information materials Ministry of Local Public national Organization 2009-2011 Extra budget The materials are developed on Administration; National for Migration; UNICEF; sources and have been distributed. trafficking in human beings Council for the Protec- International Center "La tion of the Rights of the Strada”; Center to Prevent 6.3. Promoting in the media activities re- 2009-2011 Extra budget The activities have been Child; Ministry of Inte- Trafficking in Women; lated to trafficking in human beings sources implemented. rior; Ministry of Health, Swiss Foundation "Terre 6.4. Implementing communication cam- and Ministry of Educa- des Hommes," and Na- 2009-2011 Extra budget The campaigns have been paigns on prevention of tion and Youth tional Center for Child sources implemented. trafficking in human beings Abuse Prevention
VI. Funding 7. Promoting the mechanism of funding and co-funding the protection and assistance measures for victims and potential victims of trafficking in human beings from the Trafficking in human beings and gender equality in Moldova
state budget, from the budgets of administrative territorial units and from other sources 7.1. Developing the mechanism of fund- Ministry of Social Protec- Local public administra- 2009-2011 Within the State budget and The mechanism is devel- ing the tion, Family and Child; tion authorities; Inter- limits of other sources oped and has been imple- protection and assistance services Ministry of Finance; national Organization budget al- mented. victims and potential victims of traf- Ministry of Local Public for Migration; UNICEF; locations ficking in human beings Administration; National International Center "La Council for the Protec- Strada;" Center to Prevent tion of the Rights of the Trafficking in Women; Child; Ministry of Inte- Swiss Foundation "Terre rior; Ministry of Health, des Hommes," and Na- and Ministry of Educa- tional Center for Child tion and Youth Abuse Prevention
* Included in the Expenditure Framework for medium term (2009-2011).
__________ Parliament’s Decision 257/05.12.2008 Decision on the approval of the Strategy of the National Referral System to Protect and Assist Victims and Potential Victims of Trafficking in Human Beings and of the Action Plan for the Implementation of the Strategy on the National Referral System to Protect and Assist Victims and Potential Victims of Trafficking in Human Be- ings during 2009-2011//Monitorul Oficial 27-29/66, 10.02.2009 Updated normative acts
24. DECISION on the approval of the action plan for preventing and combating violence against children for 2009-2011 Nr. 1344 Of 01.12.2008
Monitorul Oficial nr.218-220/1362 of 09.12.2008
*** In view of harmonisation of the national normative framework with the provisions of the reviewed Eu- ropean Social Chart, partially ratified by Law Nr.484-XV from 28 September 2001 (Monitorul Oficial of the Republic of Moldova, 2001, Nr.130, Art. 959), with the following amendments, as well as in view of promoting the policy in the field of child rights protection, the Government
DECIDES: 1. To approve the National Action Plan for preventing and combating violence against children for 2009- 2011 (attached). 2. The Ministry of Social Protection, Family and Child, Ministry of Education and Youth, Ministry of Health, other ministries shall observe the provisions set forth in the National Action Plan preventing and com- bating violence against children for 2009-2011 in the process of elaboration of strategic plans for the midterm expenditure framework. 3. Monitoring and coordination of activities for the implementation of actions included in the above-men- tioned Action Plan shall rest with the Ministry of Social Protection, Family and Child and Ministry of Educa- tion and Youth. 4. Ministries, other central administrative authorities and local public administration authorities shall en- sure, within the limits of their competence, the implementation of the present Decision and of the actions included in the Plan, annually reporting to the Ministry of Social Protection, Family and Child, which will aggregate the information and will submit the entire progress report of the Decision in question to the Govern- ment by 31 March.
PRIME-MINISTER Zinaida GRECEANÎI
Countersigned by: Deputy Prime-Minister Victor Stepaniuc Minister of Social Protection, Family and Child Galina Balmoş Minister of Health Larisa Catrinici Minister of Interior Affairs Gheorghe Papuc Minister of Finance Mariana Durleşteanu Minister of Education and Youth Larisa Şavga
Chişinău, 1 December 2008. Nr.1344.
243 Approved by
244 The Governmental decision Nr. 1344 of 1 December 2008 National Action Plan for preventing and combating violence against children for 2009-2011 Estimative cost (thousand Lei) Including funding sources Structures respon- Nr. Monitoring/evaluation Time State Type of activity sible for implementa- Partners external Remarks d/o indicators Limit total budget tion sources (basic (donations, compo- grants) nent) 1 2 3 4 5 6 7 8 9 10
I. DEVELOPMENT OF THE LEGAL FRAMEWORK Trafficking in human beings and gender equality in Moldova
General objective: improving national legislation on preventing and combating violence against children
Objective 1. Harmonisation of national legislation with international and regional standards in the filed of preventing and combating violence against children 1. Harmonisation of legislation in Approved amendments Ministry of Social Ministry of Education 2009- X Within the limits of force with the Law on combat- and addenda Protection, Family and and Youth, Ministry 2010 allocations approved ing family violence Child of Interior, Ministry of by the budgets of cen- Economy and Trade, tral and local public Ministry of Justice, local authorities. public administration authorities, Ministry of Local Public Adminis- tration 2. Amendments and addenda of Criminal Code and Ministry of Justice, General Prosecutor’s Of- 2009- X Within the limits of norms on combating corporal Code on administra- Ministry of Interior, fice, local public admin- 2010 allocations approved punishment in family and in tive contraventions are Ministry of Education istration authorities by the budgets of cen- institutions to the Code on amended; effective and and Youth, Ministry tral and local public administrative contraventions proportionate punish- of Social Protection, authorities. and to the Criminal Code ment for all forms of Family and Child violence against children is set forth 3. Review of the legal framework Laws on amendments Ministry of Social General Prosecutor’s 2009- X Within the limits of on: and addenda to the legis- Protection, Family Office, Ministry of Edu- 2010 allocations approved depriving parents of paren- lation are adopted and Child, Ministry of cation and Youth, local by the budgets of cen- tal rights for the abuse and Local Public Admin- public administration tral and local public violence exercised against istration, Ministry of authorities authorities. children; Justice, Ministry of separation of children from the Interior abusive family without depriving parents of their parental rights 4. Completion of legislation by Laws on amendments Ministry of Interior Ministry of Education 2009- X Within the limits of protection measures for spe- and additions to the leg- and Youth, Ministry 2010 allocations approved cialists and persons, who are islation are adopted of Social Protection, by the budgets of cen- reporting about cases of vio- Family and Child, Min- tral and local public lence against children istry of Justice, General authorities. Prosecutor’s Office, local public administration authorities 5. Review of legal framework Laws on amendments State Agency for the National Audiovisual 2009- X Within the limits of on moral norms aiming at and addenda to legisla- protection of moral Council, Ministry of 2010 allocations approved limiting the flow of messages tion are adopted; ef- norms Culture and Tourism, by the budgets of cen- promoting violence in written ficient mechanism for Ministry of Justice tral and local public press, audiovisual media, In- reinforcing the Audiovi- authorities. ternet, etc. sual Law is elaborated. 6. Completion of legislation by Amendments/ addenda Ministry of Justice Ministry of Interior, 2009- X Within the limits of provisions on free mandatory to the legislation are General Prosecutor’s 2010 allocations approved legal assistance provided to adopted. Office by the budgets of cen- the child tral and local public authorities. Objective 2. Elaboration and promotion of the normative framework on regulation of prevention and intervention in the cases of violence against children 7. Elaboration of standard legal Standard procedures are Ministry of Social General Prosecutor’s Of- 2009- X Within the limits of procedures for the identification, elaborated Protection, Family fice, Ministry of Interior, 2010 allocations approved evaluation, referral, assistance and Child, Ministry of local public administra- by the budgets of cen- and reintegration in the cases of Education and Youth, tion authorities tral and local public violence against children Ministry of Health authorities.
245 Updated normative acts 8. Elaboration of the Framework The Regulation is ap- Ministry of Social Ministry of Finance, 2010 10,0 X 10,0 Means accrued as a
246 regulation on creating a reha- proved Protection, Family Ministry of Interior, result of donations, bilitation Centre for the vic- and Child, Ministry of Ministry of Justice, grants and other tims of family violence Education and Youth, General Prosecutor’s Of- sources according to Ministry of Local Pub- fice, local public admin- legislation, as well as lic Administration istration authorities. allocations approved by the budgets of cen- tral and local public authorities. 9. Elaboration of minimal quality Standards are elaborated Ministry of Social Ministry of Finance, 2011 20,0 X 20,0 Means accrued as a standards for assistance ser- Protection, Family General Prosecutor’s Of- result of donations, vices provided to the victims of and Child, Ministry of fice, local public admin- grants and other family violence Education and Youth, istration authorities sources according to Ministry of Interior, legislation, as well as Ministry of Local Pub- allocations approved lic Administration by the budgets of cen- tral and local public authorities. Trafficking in human beings and gender equality in Moldova
10. Elaboration of normative Normative framework is Ministry of Social Ministry of Finance 2009- X Within the limits of framework on the regulation elaborated Protection, Family 2010 allocations approved of activity of a social assistant and Child, Ministry of by the budgets of cen- in pre-school educational insti- Education and Youth, tral and local public tutions , in health institutions Ministry of Health authorities and other institutions active in the field of child protection
II. INSTITUTIONAL FRAMEWORK
General Objective: Development of institutional framework for preventing and combating violence against children
Objective 1. Strengthening institutional structures for preventing and combating violence against children
11. Organization and equipping Rooms are organized Supreme Council of Ministry of Finance 2009- X Expenditures for the of special rooms for child in- and equipped Magistracy, Ministry 2011 implementation of terviews within the courts of of Justice this measure shall be justice made within the limits of budgets approved by the corresponding institutions. Objective 2. Development of Human Resources capacities in the child protection system for preventing and combating violence against children
12. Elaboration of modules for Ongoing professional Ministry of Education Ministry of Economy 2009 50,0 X 50,0 Means accrued as a ongoing professional training training programmes for and Youth, Ministry and Trade, universities, result of donations, of HR on combating violence psychologists, teachers, of Social Protection, agencies on vocational grants and other against children for the psy- social assistants, doctors, Family and Child, training and re-qualifi- sources according to chologists, teachers, social as- police officers and law- Ministry of Health, cation for HR legislation, as well as sistants, doctors, police officers yers are elaborated. Ministry of Interior, allocations approved and lawyers. Ministry of Justice by the budgets of cen- tral and local public authorities. 13. Elaboration of ongoing profes- Number of professionals Ministry of Education Ministry of Economy annu- The cost could be sional training modules for HR trained and Youth, Ministry and Trade, universities, ally estimated by each on combating violence against of Social Protection, agencies on vocational ministry following the children for psychologists, Family and Child, training and re-qualifi- elaboration of mod- social assistants, police officers, Ministry of Health, cation for HR ules and estimation of doctors, lawyers, teachers. Ministry of Interior, number of persons to Ministry of Justice. be enrolled in the cor- responding programs. 14. Elaboration of practical guides Practical guides for Ministry of Social Ministry of Economy 2009 70,0 X 70,0 Means accrued as a for preventing, identification psychologists, teachers, Protection, Family and Trade, General result of donations, and intervention in the cases social assistants, doctors, and Child, Ministry of Prosecutor’s Office, uni- grants and other of violence against children law enforcement bodies Education and Youth, versities, agencies on sources according to for psychologists, teachers, (police officers, lawyers, Ministry of Health, vocational training and legislation, as well as social assistants, doctors, law judges, prosecutors, at- Ministry of Interior, re-qualification for HR allocations approved enforcement bodies (police torneys) are elaborated. Ministry of Justice by the budgets of cen- officers, lawyers, judges, pros- tral and local public ecutors, attorneys). authorities. 15. Editing of practical guides Practical guides for Ministry of Social Ministry of Economy 2009 94,0 X 94,0 Means accrued as a for psychologists, teachers, psychologists, teachers, Protection, Family and Trade, General 50,0 50,0 result of donations, social assistants, doctors, law social assistants, and and Child, Ministry of Prosecutor’s Office, uni- 70,0 70,0 grants and other enforcement bodies (police doctors, law enforcement Education and Youth, versities, agencies on 85,0 85,0 sources according to officers, lawyers, judges, pros- bodies (police officers, Ministry of Health, vocational training and legislation, as well as ecutors, attorneys) lawyers, judges, prosecu- Ministry of Interior, re-qualification for HR. allocations approved tors, and attorneys) are Ministry of Justice. by the budgets of cen- edited. tral and local public authorities.
247 Updated normative acts 16. Elaboration of information/ Information/didactic Ministry of Social Universities 2009 365,0 X 365,0 Means accrued as a
248 didactic materials on prevent- materials are elaborated Protection, Family result of donations, ing and combating violence and Child, Ministry of grants and other against children Education and Youth, sources according to Ministry of Interior legislation, as well as allocations approved by the budgets of cen- tral and local public authorities. 17. Organization of initial and Training courses; intern- Ministry of Social Ministry of Education 2009- X Within the limits of ongoing vocational training ships Protection, Family and Youth, Ministry of 2011 the allocations ap- courses for professionals with and Child, Ministry of Local Public Adminis- proved by the budgets competencies in the field of Interior tration, local public ad- of central and local child rights protection. ministration authorities. public authorities
III. PREVENTING VIOLENCE AGAINST CHILDREN
General objective: capacity-building in the field of preventing violence against children Trafficking in human beings and gender equality in Moldova
Objective 1. Building of parental capacities in the field of non-violent child care and education and reporting of abuse cases
18. Elaboration/editing/distribu- Methodical recommen- Ministry of Education Ministry of Social 2009 X Within the limits of tion of methodical recommen- dations are elaborated/ and Youth Protection, Family and the allocations ap- dations on the collaboration of edited/distributed Child, universities proved by the budgets educational institutions with of central and local parents public authorities. 19. Organization of educational Educational programs Ministry of Health Ministry of Social 2010 15,0 X 15,0 Means accrued as a activities by means of prenatal for pregnant women are Protection, Family and result of donations, family education corners in the elaborated Child, health institu- grants and other framework of Healthy Child tions and scientific re- sources according to Cabinets under the Family search institutions legislation, as well as Doctor’s Centres and Educa- allocations approved tional Cabinets within mater- by the budgets of cen- nal centres tral and local public authorities. 20. Elaboration of the mini- Mini-course/module Ministry of Education 2009 X Within the limits of course/module "Effective elaborated and Youth, Institute of the allocations ap- Communication" and "Peda- Educational Science, proved by the budgets gogical counselling for chil- pedagogical universi- of central and local dren and parents" ties, Ministry of Social public authorities Protection, Family and Child, Ministry of Health. Objective 2. Capacity-building in the field of interpersonal non-violent child communication 21. Elaboration and promotion of Prevention programs Ministry of Education 2009- X Within the limits of child-targeted educational pro- for children are diversi- and Youth, Ministry 2010 the allocations ap- grams for preventing violence fied and applied on the of Interior, Ministry proved by the budgets against children national level; children if Social Protection, of central and local are informed about the Family and Child public authorities procedures of submis- sion of claims related to violence/abuse against children 22. Capacity-building of the Training programs are Ministry of Education Ministry of Social Per- X Within the limits of peer educators’ network for elaborated and imple- and Youth Protection, Family and ma- the allocations ap- preventing violence against mented Child, Ministry of In- nent proved by the budgets children terior, local public ad- of central and local ministration authorities, public authorities universities, vocational training and requalifica- tion agencies 23. Elaboration of information/ Information/didactic Ministry of Social Ministry of Interior, 2009 1140,0 X 1140,0 Means accrued as a didactic materials for children materials are elaborated Protection, Family local public administra- result of donations, on preventing violence against and distributed and Child, Ministry of tion authorities grants and other children Education and Youth sources according to legislation, as well as allocations approved by the budgets of cen- tral and local public authorities. 24. Improvement of the technical- Equipping of educational Ministry of Culture Ministry of Local Public 2009 1100,0 1100,0 X Within the limits of material base for the artistic institutions by musical and Tourism, Ministry Administration, local 2010 1100,0 1100,0 the allocations ap- extra-school educational insti- instruments of Finance public administration 2011 1100,0 1100,0 proved by the budgets tutions authorities of central and local public authorities.
249 Updated normative acts 250 IV. ASSISTANCE AND PROTECTION OF VICTIMS AND WITNESSES OF VIOLENCE AGAINST CHILDREN
General objective: Provision of assistance and protection to children, who became victims of violence
Objective 1. Elaboration of tools for the identification, reporting and intervention in the cases of violence against children 25. Elaboration of criteria for the Criteria elaborated and Ministry of Social Ministry of Education 2009 5,0 X 5,0 Means accrued as a identification of situations, approved Protection, Family and and Youth, Ministry of result of donations, where abuse, child labour ex- Child Interior, local public grants and other ploitation, neglecting and vio- administration authori- sources according to lence against children occurred ties legislation, as well as allocations approved by the budgets of cen- tral and local public authorities. 26. Elaboration of tools for the Tools are elaborated Ministry of Social Local public administra- 2009 20,0 X 20,0 Means accrued as a application of standard proce- and approved (evidence Protection, Family tion authorities result of donations, dures aimed at the identifica- fiches, informative notes, and Child, Ministry grants and other Trafficking in human beings and gender equality in Moldova
tion, referral, assistance and etc.) of Health, Ministry of sources according to reintegration in the cases of Education and Youth, legislation, as well as violence against children Ministry of Interior allocations approved by the budgets of cen- tral and local public authorities. 27. Creation and ensuring of the The telephonic service Ministry of Interior, Ministry of Local Public 2009 X Within the limits of functioning of the emergency is created; number of Ministry of Economy Administration, Minis- the allocations ap- telephonic service (helpline) abuse, child labour ex- and Trade try of Social Protection, proved by the budgets with a unique dialling number ploitation and violence Family and Child, local of central and local (national/local) cases are reported. public administration public authorities authorities Objective 2. Developing assistance and reintegration services in the cases of violence against children 28. Developing, jointly with the Specialised assistance Ministry of Social Local public administra- 2009 1626,3 1626,3 X Within the limits of local public administration services for the victims Protection, Family tion authorities, Minis- 2010 2269,2 2269,2 the allocations ap- authorities of tier 2, of the spe- of family violence are de- and Child, Ministry of try of Interior, Ministry 2011 2513 2513 proved by the budgets cialised assistance services for veloped (Bălţi, Hînceşti) Local Public Adminis- of Education and Youth, of central and local the victims of family violence. tration General Prosecutor’s public authorities. Office 29. Provision of methodological Methodological assis- Ministry of Social Ministry of Education Ongo- X Within the limits of assistance to the local public tance is provided Protection, Family and Youth, Ministry ing the allocations ap- administration authorities in and Child, Ministry of of Interior, Ministry of proved by the budgets the field of development of Health Finance, Ministry of of central and local specialized assistance services Justice, General Pros- public authorities for the child victims of vio- ecutor’s Office, local lence public administration authorities
V. PUBLIC AWARENESS-RAISING
General objective: awareness-raising of the society on violence against children
Objective 1. Awareness-raising of the population on the scope of violence against children phenomenon 30. Elaboration of the concept and The concept is elabo- Ministry of Social Ministry of Interior, 2009 524,0 X 524,0 Means accrued as a transmission of a TV broad- rated, the broadcasts are Protection, Family General Prosecutor’s result of donations, cast for parents transmitted and Child, Ministry of Office grants and other Education and Youth, sources according to Ministry of Health legislation, as well as allocations approved by the budgets of cen- tral and local public authorities. 31. Placement and ongoing updat- Headings created on the Ministry of Education Ministry of Justice, Ongo- X Within the limits of ing of the web pages of the web pages of the min- and Youth, Ministry General Prosecutor’s ing the allocations ap- line ministries with the in- istries of Social Protection, Office proved by the budgets formation on measures taken Family and Child, of central and local in the field of preventing and Ministry of Interior public authorities combating violence against children Objective 2. Change of the social attitudes against the phenomenon of violence against children 32. Launch of the awareness-rais- The campaign concept is Ministry of Social National Confederation 2009 720,0 X 720,6 Means accrued as a ing campaign on eliminating elaborated; partnerships Protection, Family of Syndicates, National 2010 1080,0 1080,0 result of donations, child labour exploitation with the social actors are and Child, Ministry of Public Audiovisual grants and other available; the campaign Economy and Trade, Institution, "Teleradio- sources according to is launched. Ministry of Education Moldova" Company legislation, as well as and Youth allocations approved by the budgets of cen- tral and local public authorities.
251 Updated normative acts 33. Launch of the awareness-rais- The campaign concept is Ministry of Education Ministry of Social 2009 720,0 X 720,0 Means accrued as a
252 ing campaign on combating elaborated; partnerships and Youth Protection, Family and 2010 1080,0 1080,0 result of donations, and prevention of violence in with social actors are Child, Ministry of Inte- grants and other schools. available; the campaign rior, Ministry of Culture sources according to is held and Tourism, local pub- legislation, as well as lic administration au- allocations approved thorities, national public by the budgets of cen- audiovisual institution tral and local public "Teleradio-Moldova" authorities. Company 34. Launch of the campaign on The campaign concept is State Agency for Pro- National Audiovisual 2010 144,0 X 144,0 Means accrued as a reduction of violent messages elaborated; partnerships tecting Moral Norms Council, Ministry of 2011 216,0 216,0 result of donations, via mass-media and Internet with social actors are Culture and Tourism grants and other available; the campaign sources according to is held legislation, as well as allocations approved by the budgets of cen- tral and local public Trafficking in human beings and gender equality in Moldova
authorities.
VI. ANALYSIS AND MONITORING
General Objective: Collection and systematization of the relevant data related to the cases of violence against children
Objective 1. Introduction of the subject on preventing and combating violence against children in the educational system 35. Monitoring of implementation The report is elaborated Ministry of Education Ministry of Interior, 2009 50,0 X 50,0 Means accrued as a of curricular objectives from and published; recom- and Youth local public administra- result of donations, the perspective of combating mendations for the inter- tion authorities grants and other violence in school ventions are formulated sources according to legislation, as well as allocations approved by the budgets of cen- tral and local public authorities Objective 2. Documentation of cases identified by violence against children and implemented interventions 36. Elaboration of a standard Standard package is elab- Ministry of Social General Prosecutor’s 2010 20,0 X 20,0 Means accrued as a package for the documentation orated and tested; stan- Protection, Family Office result of donations, of the cases of violence against dard fiche for statistical and Child, Ministry of grants and other children reporting is elaborated Interior, Ministry of sources according to and applied Education and Youth, legislation, as well as Ministry of Health allocations approved by the budgets of cen- tral and local public authorities 37. Elaboration of annual reports Edited annual reports Ministry of Social General Prosecutor’s Of- 2010- X Within the limits of on monitoring of cases of vio- Protection, Family fice, local public admin- 2011 the allocations ap- lence against children and Child, Ministry of istration authorities proved by the budgets Education and Youth, of central and local Ministry of Interior, public authorities Ministry of Health, Ministry of Local Public Administration, Ministry of Economy and Trade, Ministry of Culture and Tourism
2009 12726,3 3963,0 TOTAL 2010 13369,2 2349,0 2011 13613,0 236,0 &
__________ Governmental Decisions 1344/01.12.2008 Decision on the approval of the National Action Plan for preventing and combating violence against children for 2009-2011 //Monitorul Oficial 218-220/1362, 09.12.2008
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25. DECISION With regard to the approval of the National Programme on the Development of an Integrated System of Social Services for 2008 to 2012 no.1512 of December 31st 2008
According to Law no. 295-XVI as of 21st December 2007 with regard to the approval of the National Devel- opment Strategy for 2008 to 2011 (the Official Monitor of the Republic of Moldova, 2008, nos. 18 to 20, article 57), the Government Decision no. 191 as of 25th February 2008 “With regard to the approval of the Action Plan for the implementation of the National Development Strategy for 2008 to 2011” (the Official Monitor of the Republic of Moldova, 2008, nos. 42 to 44, article 257), and the Government Decision no. 1360 as of 7th De- cember 2007 “With regard to the approval of the Programme of raising of the efficiency of the system of social assistance for 2008 to 2010” (the Official Monitor of the Republic of Moldova, 2007, nos. 194 to 197, article 1412), and in order to ensure the quality and efficiency of the system of social services, the Government issues the following DECISION: 1. To approve: The National Programme on the Development of an Integrated System of Social Services for 2008 to 2012 according to the Annex no. 1; The Action Plan for the implementation of the National Programme on the Development of an Integrated System of Social Services for 2008 to 2012 according to the Annex no. 2. 2. The Ministries, other central and local public authorities shall ensure the implementation of the provi- sions of the National Programme on the Development of an Integrated System of Social Services for 2008 to 2012 and the Action Plan for the implementation of the National Programme on the Development of an Inte- grated System of Social Services for 2008 to 2012. 3. The monitoring and the coordination of the process of implementation of the National Programme on the Development of an Integrated System of Social Services for 2008 to 2012 and the Action Plan for the imple- mentation of the National Programme on the Development of an Integrated System of Social Services for 2008 to 2012 shall be the responsibility of the Ministry for Social Protection, Family and Child and the Ministry for Local Public Administration, which shall report to the Government about the implementation of the National Programme and the Action Plan for the implementation of the National Programme once a year (by the 1st of February). 4. The control of the execution of this decision shall be the responsibility of the Ministry for Social Protec- tion, Family and Child.
PRIME-MINISTER Zinaida GRECEANII Countersigned by: Deputy Prime-Minister Victor Stepaniuc Minister of Social Protection, Family and Child Galina Balmos Minister of Finance Mariana Durlesteanu Minister of Local Public Administration Valentin Guznac
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Annex no. 1 to Government Decision no.1512 of December 31st 2008
National Programme on the Development of an Integrated System of Social Services for 2008 to 2012
I. Introduction 1. The National Programme on the Development of an Integrated System of Social Services for 2008-2012 (here- after the Programme) represents a comprehensive policy on supporting people in difficulty by providing high quality and effective social services. These services are intended to provide short- or long-term support to people with a view to address their social needs, reduce social exclusion and improve quality of life. 2. The need for the development of this Programme is determined by the visible deficiency of current social care system: lack of community social care services; fragmentation of social care services at different levels, programs and measures for people in difficulty; excessive institutionalization; lack of needed coordination and collaboration for the implementation of coherent integrated social policies. 3. An integrated system of social assistance services will have the following characteristics: (i) it will identify and prioritize the individual needs of people in difficulty; (ii) it will aim to respond to cases at the community level, but also to provide specialized services to beneficiaries in accordance with their needs; (iii) it will integrate services, avoiding duplication, overlapping or gaps in service provision; (iv) it will coordinate the efficient use and development of human resources within the system; (v) it will be governed by a single set of quality standards and mechanisms for ensuring the effective and efficient delivery of services. 4. The development of an integrated system of social assistance services will create a better opportunity for the social inclusion of persons in difficulty, ensuring also the respect of their basic rights. By combining prevention, and recovery measures, and by treating cases at community level before they become more severe (and more costly to address), the system will be more cost effective, reach everyone who needs social support, and have a positive impact on people’s quality of life. 5. The creation of the integrated system of social assistance services will contribute to the fulfillment by the Republic of Moldova of commitments in social protection. These include the National Development Strategy 2008- 2011; the National Strategy on reforming the residential child care system 2007–2012, the National Human Rights Action Plan, and the National Action Plan “Education for All” (2004-2015), Millennium Development Goals, the Republic of Moldova–European Union Action Plan, as well as the United Nations Convention on Human Rights and the United Nations Convention on Child Rights.
II. Current situation Factors influencing the demand for services
6. A number of socioeconomic factors contribute to the demand for social assistance services in Moldova. These include high rates of poverty and migration, changes in the population structure, and cultural attitudes. 7. Although current situation in Moldova registered progresses during the last years, the improvement in social assistance is still modest. The increase of public expenditures for social assistance (in 2007 these expen- ditures constituted 12.4% from GDP) had a limited effect and the resources were not targeted to the families and social groups who are most in need. The major part of social assistance system represents the cash transfer that is not always contributing to the improvement of beneficiary’s situation. In some cases the intervention is more efficient, if in parallel with cash transfer the beneficiary gets also social services. On the same time cur- rent social care services do not cover the existing demand. 8. The population has been decreasing since the beginning of the 1990s. Until 1999 this was due to migra- tion patterns alone, but since that date the death rate has exceeded the birth rate which has compounded the decline. Between 2009 and 2020 the overall population is predicted to decline by a further 121,000, character- ized by a decrease in the number of children and adults under 60, and a marked increase in the number of
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elderly people. The share of old people in the population is predicted to increase from 13% to 18%. This consid- erable rise in the elderly population means that the overall number of people requiring social service support is likely to increase by the year 2020 even though the total population is declining. 9. Whilst there has always been consideration in many communities of the need to support individuals and families who find themselves in temporary or long-term difficulty, cultural traditions in recent decades have often favored the institutionalization of children and adults as a response to these social needs. According to the most recent figures the rate of children in residential care in Moldova remains among the highest in the former Soviet republics. 10. It is estimated that in 2009 approximately 12% of the population is likely to require some social service support during the year. The support required includes community-level support as well as specialist care, in the form of either in-kind services or emergency cash funds (separate from the regular system of cash benefits) to help people overcome a specific short-term crisis.
Current provision of social assistance services
11. The types of service that people receive can be divided into three levels which may be classified as pri- mary (or ‘community’) care, specialist care and very high need care services. These differ in how specialized they are. Many of the people currently using ‘very high need care’ services, especially residential care services, do not need such intensive levels of care: often they use these services because there is no alternative. It is im- portant to note that these three levels of service do not correspond exactly to the three administrative levels of government in Moldova. The mayoralty administration funds some community services, and the central gov- ernment currently provides most of the services for people in very high need, but the rest of the services (the remaining community services, nearly all the specialist services and some of the very high need care services) are all provided by the district administration.
Primary (community based) social services
12. These services should be a first port of call for users of the social service system. At community level there are a limited number of social assistance services, including home care, social canteens, support from some community social assistants, cash and in-kind support from the Republican Fund for the Social Support of the Population, and community centre services. 13. The home care service is provided by social workers to older people and people with disabilities. In 2007 about 25,566 people received this support, which was delivered by 2,428 social workers. There is a need to extend this type of service given the registration of applications from more than 8,505 people who do not currently receive home care, and given that service provision is currently restricted to single elderly people and those who are unable to work. 14. Social canteens provide meals, usually for older people and people with disabilities, for a period not ex- ceeding 30 days per quarter. This service is funded mainly from local budgets and subventions from the Repub- lican Fund for the Social Support of the Population, as well as from private donations and non-governmental organizations. The number of social canteens has increased significantly in recent years: in 2007 there were 99 canteens—nine times more than in 2001—serving just over 5,000 people. There is a concern that the restriction of the service to a fixed number of days per person, regardless of individual circumstances, is limiting the ability of the service to satisfy actual needs. 15. Some broad community care services have started developing, especially in the last five years, under the responsibility of a community social assistant. These services include the provision of counseling, information and case management. They are based on the complex assessment of the beneficiary and his or her individual needs. Actions are focused on mobilizing the person’s efforts and increasing family and community support with a view to overcoming the difficult situation and ensuring efficient social integration. In 2006 there were only 48 social assistants carrying out these activities in the country, but since then the network of social assis- tants has increased very rapidly having now 936 units approved.
256 Updated normative acts
16. A major community-level service is the provision of cash support from the Republican Fund for the Social Support of the Population. This kind of support is offered only once per year and is not always targeted to the most needed. 17. Some community centers provide essential general community support activities such as after-school clubs and social support groups for different beneficiaries.
Specialist care services
18. These services are expected to serve the small number of people whose needs cannot be resolved at the community level. It is expected that the number of people who need specialist services is much less than the number who use community services. Current services include specialist day care services, temporary place- ment centers, support for substitute families, and reintegration support for children who return to their fami- lies from full-time residential care. 19. Specialist day centers have begun to be developed, particularly in the last five years. The specialist services may include medical and psychological support. There are 25 day care centers for adults and disabled persons, 25 centers for families with disabled children and 30 day care centers for families with children at risk. Often the centers combine specialist care with community care activities. 20. Temporary placement centers are usually created by NGOs and with the support of international or- ganizations. These include 14 centers for adults, including those with disabilities, and 16 for children with dis- abilities, as well as a shelter for the homeless in Chisinau. 21. Specialized protection for children in difficulty is provided mainly through the traditional family sub- stitute services. At the end of 2007 more than 5,965 children were being supported by guardians; 353 children were adopted by Moldovan families and 95 adopted internationally; 53 family-type homes caring for 241 chil- dren, 42 foster families with 41 children. Gate keeping system for children, which aims to reduce the flow of children into residential institutions, is in place in several regions of the country.
Very high need care services
22. The most solicited type of social care provided to all groups of beneficiaries continues to be care services provided in residential institutions because of the limited access to other types of social services. Such 24-hour continuous care services should be provided only to the very small number of people who need specialized social service support. Residential services imply high costs, do not reflect and do not meet beneficiaries’ needs entirely. They could receive social services in their family and community. 23. Residential institutions are operated by the national government or by the local public administration authorities at the second (district) level. National institutions comprise 2 infant homes for babies and very young children; 65 for older children; two institutions for children with mental disabilities; one institution for children in conflict with the law; two social institutions for older people and with disabilities and 4 psycho- neurological institutions for adults. District administrations run some 170 social institutions. 24. In the last five years the number of people in residential care has increased. In 2007 more than 11,000 children were living in residential institutions. This is almost twice the number of those living in alternative substitute families. Nearly 1,700 older people and people with disabilities were in residential care; almost 645 elderly people were accommodated by asylums run by district administrations, and some 600 persons in na- tional-level institutions. In 2007 the number of applications for adults for placement in residential institutions exceeded the accommodation and maintenance capacities stipulated for these institutions. 25. A number of problems are identified with regard to residential institutions as they are currently used: (vi) institutional care does not ensure an individualized approach to beneficiaries; (vii) employees are not sufficiently trained to provide assistance adequate to the beneficiaries’ needs and often they are not included in continuous professional development programmes; (viii) the system does not stipulate a review of the beneficiary’s situation, to assess the possibility of his or her reintegration into the family and community. This can lead to a deterioration in family relations, social isolation and chronic dependency on the residential system;
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(ix) this long-lasting and indeterminate placement imposes the need to allocate financial resources to the same contingent of beneficiaries for long periods; (x) the residential care system is in any case extremely expensive. The biggest cost of residential services is in institutions for disabled children. After the development and implementation of minimum quality standards, the cost of residential services will increase significantly; and (xi) by its nature institutional care requires extra safeguards for the protection of the resident’s rights. Reli- ance on this type of care as anything other than an exceptional option will make it very difficult for Moldova to honor its commitments to international conventions. 26. A few very specialized services of other types exist in Moldova. These include a temporary placement centre for street children and a shelter for the rehabilitation of victims of human trafficking. However, there is an evident shortage of specialized social assistance services for people experiencing many serious types of social problem such as domestic violence and alcohol and drug addiction. Some services of this type have been developed at the pilot region level mainly by NGOs. At the moment, there are no analyses regarding the suf- ficiency of these services to cover the real needs of the population. 27. The orthopedic services are offered by the Centre for Prosthesis, Orthopedics and Rehabilitation that is subjected to the MSPFC. The centre’s services are delivered to people with locomotion disabilities: they receive the orthopedic footwear, non-mechanical means of locomotion and rehabilitation services. The centre regis- tered 87,727 people. The services are delivered within the centre as well as at home via the medico-technical teams and orthopedic nurses that are part of the staff of social assistance department. 28. Sanatoria are institutions that deliver short-term very intensive care in republican centers for the re- habilitation of people with disabilities and elderly people at the “Speranta” centre in Vadul lui Voda town and in “Victoria” centre in Sergheevca town, Odessa region, Ukraine. These services are provided as facilities to the above mentioned people with a discount of 100% or 70% depending on the category. The total number of beneficiaries of both centers during one year - 8790, each centre has a capacity of 260 places.
Legislation
29. Numerous laws and regulations govern the social assistance system. However, not all types of social assistance service are covered by the legal framework. Part of the existing legislation is formal and declara- tory only and lacks adequate mechanisms needed for the implementation and monitoring of its provisions. In particular, there is often not full financial coverage to achieve the set objectives, and there is insufficient stimulation of partnership between the state and civil society. The legislation in the field, in some aspects, is inconsistent and even contradictory. The revised legal framework covering a larger range of social services is in process of completion and needs to be improved.
Institutional framework
30. I-level local public authorities (mayoralties) are represented by Local Councils and Municipal Coun- cils and have the tasks to identify social problems, administer and manage local funds for social assistance, de- velop and support financially community-based social assistance services, and form partnerships with NGOs to develop social assistance services. 31. II-level local public authorities (districts) are represented by the Social Assistance and Family Pro- tection Departments/Directorates, Chisinau and Balti municipalities, Directorate for the Protection of Child Rights in Chisinau municipality and the autonomous territorial unit Gagauzia that implement social policies and create and develop social assistance services at district level. District Councils and the Funds for Social Support of Population are important strategic institutional resources that can have a positive influence on the creation and development of social assistance services, and a positive impact on people’s lives. 32. The central public authorities involved in social service provision (especially residential care) include the Ministry of Social Protection, Family and Child (MSPFC), the Ministry of Education and Youth, and the Ministry of Health. The MSPFC is the public administration’s specialized central body that is responsible for leading the development, promotion and implementation of national policies and programmes in social as- sistance. This includes directing and managing the mechanisms for overseeing the delivery of the entire sys-
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tem at all levels; the methodological coordination of the activity of Social Assistance and Family Protection Directorates / Departments, social assistants, social workers and social service providers; and the supervision of the collection and distribution of the Republican Fund for Social Support of the Population. The MSPFC is mandated to lead the sector working group for the development and delivery of the medium-term expenditure framework in social protection, coordinating activities in this field across ministries, between different levels of national and local government, and with international development partners. It also leads the Social Protection Coordination Group which is one of the main forums for discussion with international development partners. 33. An important resource for social service development is the civil society structures operating in the social field, consisting of over 400 NGOs. These organizations have implemented a number of social assistance services, some of which are models of best practice that are being replicated at national level. It is important to take these organizations into consideration in planning and delivering social assistance services. International donors also provide technical and financial support in social service development, providing international models for capacity building.
Operational framework
34. The existing institutional framework does not have sufficient resources and capacities to fulfill some ba- sic operational functions such as monitoring (including a full record of social assistance services and numbers of beneficiaries), evaluation of impact, inspection, accreditation and in-service training for social service staff. Quality standards have been developed and approved only for certain types of social services. Many complaints are addressed directly to the MSPFC and a lot of ministry time is spent answering them.
Human resources
35. At community level, the social assistance activity is carried out by social workers and social assistants employed by II-level local public administration authorities and by I-level local public administration authori- ties in the autonomous territorial unit Gagauzia. In 2007 about 600 social assistants have been recruited to work at community level and for 2008 is envisaged the recruitment of 396 community social assistants. The number of social assistants is still insufficient comparing with the diversity of social needs and demand of population for these services. Only 10 % of community-level staff has adequate qualification. Low salaries lead to a high turnover. Districts employ some specialists in families and children, older people and people with disabilities and specialists that distribute and record the distribution of resources from the fund for social support of population. By far the largest proportion of staff providing social services, though, are employed in residential institutions. The most recent figures show that 5,400 staff work in residential institutions for children, and almost 1,500 more in the MSPFC’s institutions for older people and people with disabilities. This is a ratio of about one staff member for every two people in residential care, which is neither necessary in the light of the needs of many of the individuals, nor cost effective in a resource-constrained environment.
Finance
36. The resources for social services funding are diverse. The state budget provides funds for residential institutions of specialized social assistance and for national social protection programmes; the budgets of ad- ministrative-territorial units provide funds for social services developed on the subordinated territory and for local beneficiaries; and the funds from the Republican Fund and Local Funds for Social Support of Population are used to provide one-off material support to persons in difficulty. Funds from allocations, sponsorship and other contributions from individuals or legal entities from the country and abroad are sporadic. 37. In 2007, the national public budget allocated 6596.9 million lei for social protection, of which 2157.2 million lei via the social assistance system and 4439.7 million lei via the social insurance system. The Repub- lican Fund for Social Support of Population as well as Local funds for Social Support of Population managed 112.4 million lei and supported 329,700 beneficiaries. 248.9 million lei were spent on social services, which represents 11.5% from total expenditures in social protection. Of these, the expenditure for community social care services constitutes 28.4% (70.6 million lei), for specialized social care services – 18.0% (44.7 million lei)
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and for very high need social care services (residential services mainly) - 53,6% (133,5 million lei). If we com- pare the funds and the number of beneficiaries, it is obvious that the cheapest services are community social care services provided at 1506.3 lei per beneficiary, and the most expensive are the very high need social care services that cost 10728.9 lei per beneficiary.
III. Definition of the problems that require the development of the Programme
38. The social assistance services that exist do not always meet all people’s needs in either quantitative or qualitative terms. 39. In respect of the quantity of services sought and provided, there are problems of two sorts: on the one hand, many people do not receive services even though they need them (i.e. there are errors of exclusion), and on the other some people receive services which they do not need (i.e. errors of inclusion). The reasons are: (vi) the existing social services are mainly located in urban areas, while in rural areas these are insufficient or even missing, which limits the access of many people in difficulty to social assistance services; (vii) a lack of knowledge about social services does not fully contribute to the fulfillment of the right to social assistance, particularly among the rural population; (viii) the requirements to be eligible for social services are considered complicated, which generates the refusal of the applicant; (ix) the inadequate attitudes towards beneficiaries, either deliberate or unintended can prevent people from applying for social services they need; (x) some social services are limited to certain groups of people, which means that others who could receive them do not have this possibility; (xi) there is not a regular review of cases to ensure that all people get the services that they need, and that they are able to exit the social service system if their circumstances improve. 40. As for the quality of services, the following deficiencies are highlighted: (xiii) services are not provided on the basis of individual and community needs assessment; (xiv) the current system is based more on intervention services than on prevention so cases can become more severe than if they had been identified earlier. This means that people are more likely to have to leave their family or community environment to be given more specialist and more costly treatment elsewhere. Late intervention leads to negative effects both for the beneficiary and his/her family and for the community; (xv) rehabilitation and reintegration of beneficiaries is not always the responsibility of primary social ser- vices; (xvi) there is a lack of a comprehensive operational framework to guide the provision of services; and (xvii) there is an inefficient distribution of financial and human resources. In 2007 the very high need ser- vices covered 3% of social service cases yet accounted for some 53.6% of known total expenditure, while the 28.4% of expenses for social services cover 11.3% of beneficiaries of community social services. On the same time very high need services are using a disproportionate number of staff. 41. Some measures have already begun to be taken to pilot solutions to some of the identified problems. This Programme aims to build on those positive efforts to provide more care to people who need it, ensuring that care is appropriate to needs.
IV. Programme goal
42. The goal of the Programme is to improve the quality of life of people in difficulty. 43. The integrated system of social assistance services is a component of the broader system of social protec- tion by which the state, local public authorities and civil society ensure the prevention, restriction and elimina- tion of temporary or permanent effects of certain situations generated by poverty and increased vulnerability. 44. The development and delivery of social assistance services implies several integrative approaches, in- cluding integration for all groups of beneficiaries in a unified system; alignment of services to social benefits; integration at the level of comprehensive approach of the family; unification of the system’s work methodology; multidisciplinary integration at the group level. The integration of social assistance system will also be achieved
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through inter-sector programmes based on the promotion of strategic policies that cover social services for all groups of beneficiaries, such as deinstitutionalization, anti-trafficking, equal opportunities and gender-based approaches. 45. Besides the principle of systemic integration, the Programme is guided by the following principles: (i) the principle of targeted social assistance stipulates the priority targeting of social assistance services towards the poorest and the most vulnerable persons, identified following an assessment of individual needs; (ii) the principle of focusing on the user stipulates the adjustment of services to beneficiaries’ needs, in a process of continuous change, based on systematic assessment of their impact on the situation of the ben- eficiary. This includes building capacity and motivating the beneficiary to overcome the difficult situation wherever possible, and encouraging the active involvement of the beneficiary in needs identification, planning, implementation and monitoring of social services; (iii) the principle of delivering services in the community stipulates the priority support of the beneficiary in the family and in the community; (iv) the accessibility principle ensures the access of persons in difficulty to all services: informing the pop- ulation about existing services, developing new services and locating them close to beneficiaries, and adjusting the environment to beneficiaries’ needs; and (v) the principle of equal opportunities ensures the rights to social assistance services to all the persons in difficulty, without discrimination based on gender, age, religion, culture, language.
V. Objectives and Areas of Intervention
46. In order to achieve the objectives of this Programme it is necessary to consider the expected outputs and what inputs are needed (including human and financial resources) to deliver those outputs.
OBJECTIVE I: To ensure the quality and efficiency of the integrated system of social assistance services
47. Quality and efficiency are improved by the effective functioning of the five components of the framework that governs the integrated system of social assistance services. (i) Legislation (ii) Institutional framework (including the delimitation of functions and responsibilities by administrative levels) (iii) Operational framework (the development and standardization of work procedures) (iv) Human resources (v) Finance. 48. The efficient and coherent functioning of integrated system of social care services is ensured via proce- dures of monitoring of quality and efficiency of the system, creation of the accreditation mechanism for service providers based on indicators set in the quality standards for each type of services. On the same time the quality of services depends on the level of professional competence of personnel engaged in the system.
Development, adjustment and promotion of normative framework
49. The normative framework will be revised and adjusted in compliance with the present Programme. This process will take into account the progress and gaps of the national normative framework, the provisions of in- ternational treaties to which the Republic of Moldova is party, the national and international experience in social service provision, and the recommendations of international reports on the observance of beneficiaries’ rights. 50. The Law on Social Assistance no. 547-XV as of 25th December 2003 will be amended and completed and the Law on Social Services; Law on Child Protection, Law on Accreditation and Inspection in Social Assistance will be developed.
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Development and consolidation of the institutional framework
51. At the central level the MSPFC, which leads the development and implementation of the government’s policy in social assistance, will concentrate its efforts on the development and review of strategic approaches, and on ensuring the functioning of mechanisms for overseeing the delivery of the entire social service system at all public administrative levels. These include the review of legislative and financial frameworks, continuous training, setting quality standards, service procurement mechanisms, accreditation and inspection procedures, monitoring and evaluation of the quality of social services, and reporting procedures. Given the fact that the problems faced by the population are multi-aspectual, and the prevention and set- tlement of these requires intervention of the entire society, the efficient strategic management supposes the development of a global and consistent policy on the social protection system, with further establishment of inter-ministerial competence areas. In this context it is absolutely vital to set up, at governmental level, an inter-ministerial commission for social issues to coordinate intersectoral policies. The Sector Working Group for the medium-term expenditure framework in social protection is an important forum for achieving this coordination. 52. The organizational and managerial competences of the MSPFC will be reviewed and improved. 53. In light of its basic competence on social policy development and management, the MSPFC will co- operate with the I and II level local public administrations, in line with the active legislation, with the view to develop social services and ensure their quality. 54. II-level local public administration is responsible for the implementation of social policies and the management of national policies at territorial level, including the development, monitoring and evaluation of specialized social assistance services with the use of local strategic planning procedures. It is responsible for the employment and professional supervision of social assistants and social workers. 55. In order to consolidate the capacities of territorial structures of social assistance, it is recommended that I and II-level local public authorities create the Community Social Assistance Service. 56. It is recommended to transfer the responsibility for the protection of child rights from the district Di- rectorate for Education and Youth to territorial structures of social assistance. 57. The system of district-level gate keeping commissions (commissions for the protection of children in difficulty) will be expanded to those areas which have not yet established a commission, in line with the legisla- tion. These commissions are essential for ensuring the best care for each child in difficulty, with priority given to family-type services, and with placement in residential institutions being used as a last option. In addition the MSPFC will explore the possibility of expanding the district gate keeping approach to service users other than children. 58. Local public administration will aim to establish partnerships with civil society that represents a signifi- cant source as an actual or potential social service provider and supplier of best practice models. For this, the local public administration will apply a mechanism for social service procurement according to community needs. 59. I-level local public authorities will be supported to strengthen their capacity to fulfill their responsibili- ties regarding the creation of community social assistance services in accordance with the legislation. Funders (including international donors) of any community social services will cooperate with authorities at this level to develop social services.
Development of operational framework
60. A unified operational framework will be developed which will encompass the following features: a mechanism for referral of beneficiaries from one level of social service to another; the methodology for indi- vidual and community needs assessment; quality standards for all social services, the systems for accreditation of service providers, inspection and resolution of complaints to ensure that quality standards are upheld; and procedures for procurement of services with accredited providers. 61. The referral mechanism specifies the route of the beneficiary through the social assistance system on the basis of the individual problem. When a case is identified the person will be registered at the community level and will either receive emergency support if there is a crisis, or will undergo an initial assessment by the
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social assistant. If the person needs more assistance he or she will be given a more detailed complex assessment by the social assistant, leading to the development of an individual care plan. The intention will always be to treat the case at the community level wherever possible. Only if the problem cannot be resolved at this level will the individual be referred to specialized services or to very high need services. 62. An individual needs assessment is fundamental to determining the most appropriate intervention for a social services client, and forms the basis of an individual care plan. Assessment will be on the basis of a standard form that will identify the person, the problem and the proposed solution, including what can be done and by whom, and when and where interventions will take place. 63. Quality services will be achieved by setting quality standards. These standards will form the basis for mechanisms for providers to be accredited; for services to be inspected; and for complaints to be received and responded to. It is necessary that these systems are not too complex but that they still safeguard users. Quality standards and related systems will be developed by the MSPFC and will include: (xviii) quality standards. Service users will be involved in the development of these standards to make sure that they take into consideration the expectations and aspirations of the beneficiaries; (xix) accreditation. This means assessing the potential of providers to deliver services of the desired quality by requiring them to sign up to meet the quality standards and commit to being inspected as part of a process of registering as a provider; (xx) inspection aims to compare services to quality standards and provide recommendations for their im- provement. It is not merely an end in itself, but is intended to raise standards and contribute to the quality of life of service users; (xxi) the complaints procedure will be a two-stage process, the first internal and the second external. The first (internal) stage will be to make the complaint to the person that the user has been dealing with (such as the social assistant, the employee of a day care centre etc., or to the case manager), so that person has the op- portunity to respond directly. If this does not resolve the problem the issue will move to a second (external) stage with a formal complaints service; and (xxii) recruitment and selection procedures for the social assistance system and training programmes will support the maintenance of quality of provided services. 64. Service procurement mechanism will be developed and used, in case local community needs are not covered with existing services. This will contribute to the establishment of different partnerships by local public authorities with civil society and the private sector, oriented towards the development of new social assistance services.
Consolidation of human resources employed in social assistance system
65. Given the large number of potential beneficiaries of social assistance services, it is necessary to extend coverage by expanding and improving the professional activity of the staff employed at community level and stimulating the involvement of the community in solving social problems. 66. Human resources responsible for the provision of community-level services are represented by the com- munity social assistant and social worker who are supported directly through supervision procedures by spe- cialists within territorial structures of social assistance. It is necessary to consolidate the network of community social assistants by recruiting to fill the remaining vacancies, leading to a planned minimum and by providing training and support to encourage retention of existing recruits. 67. The level of professional competence of the staff employed in social assistance services determines di- rectly the quality of provided services. For the purpose of improving competences staff will be provided with professional supervision and with a tailored programme of continuous training, and with the opportunity for promotion on the basis of professional competence. 68. Professional supervision allows community social assistants and social workers to discuss the most difficult material from their practice with an experienced professional. It also helps them to understand their own thoughts and emotions and reduce the risk of work-related stress, thereby retaining and supporting staff members at the same time as improving professional competence. Supervision will take place both in the com- munity and at the district, at regular intervals. 69. The continuous training programme and strategy will include the following components:
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(xxiii) development of basic professional skills, with differentiation on sub-levels: initial and advanced. The training will be delivered in continuous training centers that operate within universities which train social as- sistants. The universities for the delivery of training will be selected according to the methodology approved by the MSPFC; (xxiv) the development of specialized skills will be carried out using existing social assistance services. Through contest procedures, the MSPFC will select services that demonstrate good practice in advanced skills and will assign them the status of Methodical Centers where specialized training will take place; (xxv) the MSPFC will assess the training needs of the social assistance staff, record previous training and plan the continuous training process by levels of competence, on the ground of the curriculum approved by the MSPFC. This process will contribute to the development of theoretical and practical professional competences, and learning of new working methods and techniques with different categories of beneficiaries; and (xxvi) a mechanism for attestation of professional competences of social assistance staff will be developed. 70. Reduction of the number of users of residential services that require 24-hour intensive interventions, will lead to the reduction of overall staffing in these institutions. Some are also expected to be achieved by re- training staff to deliver services at other levels such as foster care services.
Finance
71. The Law on Social Assistance no. 547 as of 25th December 2003 establishes the contribution of each of the parties to the expenses for the organization and functioning of public institutions specialized in social as- sistance, as well as for the provision of social assistance services. In the context of the strategic provisions for the development of an integrated system of social services funds will be allocated in line with the legislation: (xiv) from the state budget; (xv) from budgets of administrative-territorial units; and (xvi) from other sources. 72. The change of approach from largely residential care to community-based care implies the redirection of existing financial resources to community social assistance services.
OBJECTIVE II: To develop, consolidate and integrate social services targeted to groups of persons in difficulty
73. The aim of this objective is to provide social assistance services to people based on need, by diversifying and improving the quality of community services at the level of each territorial-administrative unit, integrating all social assistance services into a coherent and equilibrated system. 74. The Programme intends to rapidly expand community and specialist social services, and significantly improve the efficiency and cost-effectiveness with which current ‘very high need care’ is provided. This change will alter the proportion between the residential-type services and community-type ones, in favor of the latter, necessitating a redirection of financial resources.
Creation and development of community based social assistance services
75. The Programme intends that the community-based settlement of social problems should extend signifi- cantly, representing a major source for the enforcement of efficient social policies. The community intervenes with the provision of professional systematic support, completed with community and interpersonal support. Community-based services prevent or limit the situation of difficulty or vulnerability, the settlement of the problem at the initial stage keeping the beneficiary in the family and in community. In this context, the decen- tralization of social assistance services represents a favorable framework for the community to become active, to mobilize its resources and human efforts in solving 80% of demands for social care services.
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76. Primary social assistance services can be applied to all categories of beneficiaries and provided at the level of each community. Mayoralties can decide on the development of specialized social assistance services, based on the needs and potential of the community. The services are universally relevant and have a low unit cost. 77. Community social assistants are responsible for the identification and assessment of potential ben- eficiaries, who may include children, older people, people with disabilities, people with addiction to alcohol, drugs and other toxic substances, HIV/AIDS-infected persons, people who have been neglected or abused persons, and victims of domestic violence or of human trafficking. The social assistants develop individualized care plans, provide primary social assistance services (including counseling services, support to families, and monitoring the progress of children who are placed in substitute families), and refer cases to specialized ser- vices, as well as responding to more general queries, carrying out community needs assessments and drafting recommendations for the development of new social assistance services. The social assistant also mobilizes the potential of the community to support people in difficulty by involving volunteers and creating support groups. It is for this reason that the expansion of the network of social assistants and the provision of continuous train- ing and support, is of primary importance. 78. Social workers provide practical home care services, particularly to elderly and disabled people. This includes helping with personal hygiene, feeding, shopping, cleaning the accommodation, and liaising with other local public services. Since the social worker develops good personal relationships with members of the local community they, too, will be well placed to assist in the mobilization of volunteers for community activi- ties. Until now the number of social workers has been based on a norm of one social worker for approximately every 10 clients. As the system moves towards the individual needs assessment and the development of indi- vidual care plans it is expected that the number of beneficiaries seen by a single care worker will vary according to the identified need. 79. The creation of multifunctional community day centers, where a broad range of primary social servic- es for all categories of beneficiaries can be provided, could ensure the social integration of persons of different ages and with different problems. The centers can be located in any premises that exist in the community and are adapted to the activities of the service (school, kindergarten for children, mayoralty, hospital, etc.). They may offer a base for the team of social assistant and social workers who operate in the community. They may also provide services for general access such as after-school clubs and support groups for the elderly, mother and baby couples, with the aim to prevent social exclusion.
Creation and development of specialized social assistance services
80. Specialized social assistance services are addressed to a limited number of 20% of beneficiaries often referred from community level, who need time-intensive rehabilitation or assistance from specialists with ad- equate training. Given the fact that the specialized services are often oriented to recovery they are more expen- sive than community services. The decision regarding their creation must be made based on the assessment of community needs and possibilities. 81. The types of specialized service to be provided under this Programme are likely to be similar as those provided at present, i.e. specialist counseling and advice, specialist day care services (including those related to the medical and social field such as occupational therapy, psychotherapy and speech therapy), temporary placement centers (including accommodation for the young who leave the residential protection system, or ac- commodation for a determined period of the homeless), support for substitute families, reintegration support in cash and in kind for children who return to their families from full-time residential care, and the provision of prosthetics, mobility aids and small adaptations to the environment. 82. Most specialized social assistance services will be provided by all administrative levels, (community, district, national level) based on the needs of population and the existing potential. Local public administration must develop protection measures by creating specialized services or by procuring services or elements within certain services that are developed by the civil society.
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Creation and development of very high need services
83. At the same time, the number of primary and specialized social services will expand to cover the needs of those who leave residential institutions, especially, children who are reintegrated with substitute families within the deinstitutionalization programme. The implication of this is that, over the next few years, some existing residential institutions will no longer be required and will be closed or converted into other services. This deinstitutionalization process has already been approved by the Government. 84. The services that remain will be addressed to a very narrow group of 2% of beneficiaries with specific problems that often imply the involvement of specialists with narrow specialization, or the provision of 24-hour continuous care. Services provided at national level: sanatorium services and prosthetic and orthopedic servic- es. In addition, new very high need services will be created within specialized centers (centers for rehabilitation for victims of abuse, centers for rehabilitation of victims of human trafficking, centers for post-penitentiary rehabilitation, etc.), residential institutions (psycho-neurological institutions) or at home. The development of very high need services must be based on a detailed analysis of the placement effects of this category of services, as well as of their economic and social sustainability. These very specialized services may be coordinated by local public administrations through agreements signed with service providers. 85. The unit cost of these social assistance services is usually very expensive. The high costs and the limited number of beneficiaries impose the need for periodical assessment of people’s needs for such services, for a rea- sonable use of resources, with the flexible reorientation of services to people’s current needs. The decisions on the development of new services must be justified based on the evidence and mapping of the excluded persons, presence of commitments, financial and human resources.
Estimate of impact and costs
86. The objectives outlined in this Programme, and the government’s commitment to halving the number of children in institutions by 2012, can only be reached if appropriate funding is provided for community services, for alternative specialist care where necessary and for the referral and gate keeping mechanisms. Strengthening services at community level will ensure cost savings in specialist and high need services as individuals would be treated at the appropriate level of services. The unit cost of treating each case will be lower, and more people will be able to be served. 87. The estimated costs of the present Programme can be financed within the overall ceiling of funds – both from government and donor resources – already programmed and committed in the social protection sector in the medium-term expenditure framework (MTEF) 2008–10 and the National Development Plan 2008– 11. However, it will require reallocations and better targeting of these funds. In particular, resources released through deinstitutionalization (reduction in the number of children and staff in institutions) will need to be reallocated to community based services. The MSPFC will include measures in the MTEF and carry out actions to target donors’ activity to areas not covered by the national public budget in order to achieve the objectives of the present Programme.
VII. Risks and threats in Programme implementation
88. The process of decentralization can cause a risk regarding the capacity of local public administration in delivering proper level of social services that meet the needs of population. The disparities are determined by the level of engagement and competences of local public administrations, capacity to identify and prioritize the allocation of finance resources for development of social services and problem solving. 89. The MSPFC has to ensure the sustainable development of integrated system of social services, even if the services are decentralized. For this reason it is necessary for local public administrations to benefit from sufficient support to expand their skills and capacity to develop and diversify social assistance services depend- ing on community needs.
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VIII. Results and indicators of progress
90. Activities undertaken as part of this Programme will be monitored in order to measure their results and to assess the impact of the Programme on the development of an efficient and effective integrated system of social assistance services. This will demonstrate the extent of progress towards the overall goal of improv- ing the quality of life of vulnerable groups of the population and those at risk. The relevant indicators will be identified in a logical framework and used as a tool for the assessment and monitoring of Programme implementation. The monitoring and assessment will be carried out at the different administrative levels (central, 1st and 2nd administrative levels), as well as at the level of social services. The community social assistant will collect data on beneficiaries in the social assistance system as part of maintaining case records, and aggregated information from these records will contribute to the planning of local services, analysis of national trends and development of long-term plans in social service policy. 91. The results of the monitoring and assessment process will also be used for identifying, minimizing and avoiding new risks.
IX. Stages of implementation of the Programme
92. The Programme sets out a long-term vision for the creation of the integrated system of social services which will require continuous improvement and adjustment to the social context. The present Programme offers a realistic framework for implementation which is conditioned by the development of the institutional and operational capacities of the state, non-governmental and private sector, the availability of funds from the national budget and the commitments of international donors for the improvement of the social assistance system. 93. The coherent implementation of the Programme will be carried out in line with central government planning processes in three stages: short-term, medium-term and long-term. 94. An action plan has been developed alongside the Programme which describes the sequence of activities for implementation. It will be reviewed annually as part of the monitoring process and will be coordinated with the available financial resources.
Short-term actions (to end of budget year 2009)
95. During this time there are three priorities: (i) continue to develop community care and specialist services, which is a process coordinated by the MSPFC through cooperation with the line ministries and carried out by I- and II-level public administration, NGOs; (ii) ensure the quality and efficiency of the integrated system of social assistance services; and (iii) develop and start implementing the communication plan in the context of development of the inte- grated system for social services. 96. Development of community care and specialist services. The gate keeping mechanism for the re- duction of the flow of children into institutions, and family placement services will be extended, especially in those districts where residential institutions will close during next three years. To support the development of services for all groups of beneficiaries the MSPFC will support local public authorities in conducting an assess- ment of the need for social services, developing local strategies for the development and diversification of social services based on the conducted assessment. The MSPFC will target support to areas with greatest need or with the greatest possibility of achieving an immediate and positive impact. 97. Ensuring quality and efficiency of the system. Activities include: (i) the development, adjustment and enforcement of the legislative-normative framework; (ii) the development and consolidation of the institution- al framework, with delimitation of basic functions and responsibilities for each administrative level; (iii) the creation of a system of continuous professional development for staff employed in social assistance, including a supervision system; and (iv) the development of quality standards and the creation of a system for accreditation and inspection of services.
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98. Communication plan. In order for the Programme to succeed it is important that there is widespread public awareness and understanding of both the reasons for change, and the benefits of the integrated system of social services. An active awareness-raising campaign could influence a change in people’s attitudes and increase the level of trust in community social services.
Medium-term actions (to end of 2011)
99. The period to the end of 2011 is the timeframe for implementation of the present round of three central government medium-term planning processes: the National Development Strategy for 2008 to 2011, the next MTEF for 2009 to 2011, and the Institutional Development Plan for 2009 to 2011 for the MSPFC. 100. The priorities for this period are: (vi) supporting I and II-level local public administration in the process of social service development; (vii) developing and implementing the unified and standardized mechanisms and procedures in the deliv- ery of social assistance services for all groups of beneficiaries; (viii) developing mechanisms for accreditation and inspection of social services, and social service pro- curement; (ix) developing and implementing the mechanism for monitoring and evaluation of community social ser- vice quality.
Long-term actions (after year 2011)
101. Activities in this period will take into account the existing context and progress to date. The emphasis will be on the consolidation and diversification of social assistance services provided to all groups of beneficia- ries at all levels of administration; the consolidation of the institutional, operational and financial framework; and developing the potential of human resources to ensure quality of social assistance services.
X. Monitoring and evaluation of Programme implementation
102. To assess the Programme’s impact on the creation and development of an efficient integrated system of social assistance services, all activities have to be monitored and assessed through a management system. 103. The monitoring and assessment of Programme implementation will be carried out at administrative levels, at the level of each responsible public institution, using a unique system based on qualitative and quan- titative indicators. The implementation of a rigorous monitoring and assessment system will maximize the impact of the integrated system of social assistance services in order to respect the system’s principles and the beneficiaries’ needs, at the same time, avoiding the creation of a chronic dependence on the system. 104. The quality, correctness and efficiency of the applied measures will reflect the way the Programme’s objectives are applied in practice. Relevant indicators will be identified in the logical framework and will be used as a tool for assessment and monitoring of Programme implementation. 105. The results of the monitoring and assessment process will represent an important source of useful information for the assessment of social policies and development of new social assistance strategies, as well as for avoiding new risks. 106. The ongoing assessment of social policies will allow developing a coherent policy and coordinating strategies, based on the adequate knowledge of the reality.
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26. DECISION on approving the Regulation on issuance of the certificate for registering the child remaining at home, whose parent/tutor (curator), citizen of the Republic of Moldova, is temporarily employed abroad Nr. 290 of 15.04.2009*
In view of implementation of the provisions of the Article 16 letter d) and Article 22 paragraph (3) letter d) of the Law Nr.180-XVI of 10 July 2008 on Labour Migration (Monitorul Oficial of the Republic of Moldova, 2008, Nr.162-164, Art. 598), the Government
DECIDES:
1. To approve Regulations on issuance of the certificate for registering the child remaining at home, whose parent/tutor (curator), citizen of the Republic of Moldova, is temporarily employed abroad (attached). 2. Ministry of Social Protection, Family and Child shall be liable for the control of the implementation of the present decision.
PRIME-MINISTER Zinaida GRECEANÎI
Countersigned by: First Deputy Prime-Minister, Minister of Economy and Trade Igor Dodon Minister of Social Protection, Family and Child Galina Balmoş
Chişinău, 15 April 2009. Nr.290.
Approved By the Government decision Nr.290 of 15 April 2009
REGULATION on issuance of the certificate for registering the child remaining at home, whose parent/tutor (curator), citizen of the Republic of Moldova, is temporarily employed abroad
1. The certificate on registering the child remaining at home, whose parent/tutor (curator), citizen of the Republic of Moldova, is temporarily employed abroad (hereinafter referred to as – certificate) shall be issued by the social assistance and family protection sections/directions, Direction for Minors’ Care and Protection in Chişinău municipality, which are exercising the functions of the tutorial authority, at the request of the par- ent/tutor (curator), citizen of the Republic of Moldova, who is/are temporarily employed abroad (hereinafter referred to as – requestor). 2. Upon submission of the request on issuance of the certificate: a) the child’s parent shall enclose the following documents: ID (a copy);
* Monitorul Oficial Nr.80-81/341 of 24.04.2009
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Husband/wife’s ID (a copy); Marriage/divorce/death certificate of one of the parents (a copy); Child birth certificate (a copy); Certificate on family members issued by the local public administration authority, service for the exploita- tion of housing resources or other institutions managing the housing resources; b) tutor (curator) shall enclose the following documents: ID (a copy); Child birth certificate (a copy). 3. In the event that the child remains under the parental care, the requestor shall enclose to the request the certificate confirming the parent’s capacity, who will take care of the child, to exercise parental rights and duties in compliance with the provisions of the Family Code, issued at the place of residence by the tutorial authority from the administrative-territorial unit of 1st tier, whereas in Chişinău municipality – by the sectoral directions for minors’ care and protection. 4. In the event that the child remains at home without a legal representative as a consequence of temporary employment of his/her parent/tutor (curator) abroad, the tutorial authority shall specify in the certificate the protection form applied to the child in compliance with Article 115, paragraph (2) of the Family Code. 5. For the situations specified in Item 3, social assistance and family protection sections/directions, Direc- tion for Minors’ Care and Protection in Chişinău municipality shall issue the certificate of ECPAMS-1 model, whereas for the situations specified in item 4 – certificate of ECPAMS-2 model in compliance with Annexes Nr.1 and Nr.2 to the present Regulations. 6. Each child under the requestor’s care shall be issued a separate certificate. 7. The validity term of the certificate shall comprise 3 months from the date it was issued.
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27. DESICION Regarding the approval of the Framework Regulation for the organization and functioning of the centers of rehabilitation for victims of domestic violence No. 129 from 22.02.2010 Official Monitor No..30-31/176 from 26.02.2010
*** In order to execute the provisions of Law No. 45-XVI from 1 March 2007 regarding the prevention and combating of domestic violence (Official Monitor of the Republic of Moldova, 2008, No.55-56, art.178), the Government
DECIDES:
1. To approve the Framework Regulation for the organization and functioning of the centres of rehabilita- tion for victims of domestic violence (is attached). 2. The centers that will offer assistance and protection services for victims of domestic violence will approve their own regulations of organization and functioning based on the above-mentioned Framework Regulation. 3. The Ministry of Labor, Social Protection and Family will co-ordinate the opening of such centers on the territory of the country and will monitor their activity.
PRIME-MINISTER Vladimir FILAT
Counter-signing: Minister of labor, social protection and family Valentina Buliga Minister of internal affairs Victor Catan Minister of finance Veaceslav Negruţa
Chişinău, 22 February 2010. No.129.
Approved by Government Decision No.129 from 22 February 2010
FRAMEWORK-REGULATION of organization and functioning of the rehabilitation centers for victims of domestic violence
I. GENERAL PROVISIONS
1. The Centre for rehabilitation for victims of domestic violence (hereinafter – Centre), is a specialized in- stitution that offers temporary placement and assistance to victims of domestic violence. 2. The Centre carries out its activity in accordance with the legislation in force, with the minimum quality standards in the field and with the present Regulation.
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3. The activity of the center is monitored and evacuate by the founders and by the territorial social assis- tance body until a certain period of time, or at its request, by presenting activity reports. 4. The Centre is a legal person, has a stamp and a bank account. 5. The Centre organizes its activity based on the following principles: 1) observance and promotion of the rights, interests and dignity of the assisted persons; 2) observance of the superior interest of the child and of his/her rights; 3) non-discrimination; 4) ensuring confidentiality and professional ethics; 5) ob of the opinion of the assisted person (adult or child); 6) inter-disciplinarity and multi-disciplinarity; 7) ensuring access to quality services; 8) openness towards the community. 6. The aim of the Centre is to offer temporary placement, assistance to victims of domestic violence, social- ization and reintegration in the family and/or community.
II. ORGANISATION AND FUNCTIONING OF THE CENTRE
7. The Centre may be created: 1) by the Government, at the proposal of the Ministry of Labor, Social Protection and Family; 2) by local public administration authorities, at the proposal of the committee on social issues; 3) by international organizations and non-governmental organizations, while informing the Ministryf of Labor, Social Protection and Family; 4) by local public administration authorities and private or non-governmental organizations, based on a joint activity agreement. 8. The Centre’s object of activity is offering, free of charge, specialized social services, in accordance with the minimum quality standards and answers to the real and specific needs of each assisted person: 1) ensures sheltering, protection and temporary placement to victims of domestic violence; 2) ensures services of personal hygiene; 3) offers legal, social, psychological and urgent medical assistance; 4) offers informational support for finding a dwelling, a pre-school institution or a pre-university institu- tion; 5) offers non-formal education with the view to assimilate knowledge and skills necessary for social integra- tion; 6) promotes socialization and development of relations with the community and/or family; 7) facilitates access and informs the beneficiary about the social protection system; 8) elaborates, jointly with the beneficiary, an individual protection plan against any form of intimidation, discrimination, abuse and exploitation; 9) supports the couple parent-child/child in order to develop the autonomy that would favour his/her rein- tegration in the family and/or community; 10) monitors the post-integration situation of the beneficiaries in the family and community. 9. The accommodation of the beneficiaries will not exceed the period of 3 months, period in which the authorities and personnel of the Centre, jointly with the beneficiary, will find a durable solution. 10. The maximum capacity of the Centre is for up to 30 persons. 11. The Centre is equipped according to the quality standards, in accordance with the individual and age particularities of the beneficiaries. 12. The assistance of each beneficiary is accomplished based on the individual intervention plan, elaborated by the social assistant who coordinates the case within the Centre. The referral of the beneficiary to other spe- cialized community services and reintegration in the family and/or community is coordinated with the multi- disciplinary team.
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13. The Centre: offers medical assistance, in the limit of its competence and depending on the needs of the beneficiaries. The primary and specialized medical assistance are ensured by the territorial medical units, according to the legislation; ensures reintegration services for the victim in the family and/or community through: 1) work with the beneficiary’s family; 2) referral to professional services; 3) facilitating finding a job; 4) monitoring and evaluation of the situation for a period of one year from the moment of reintegration in the family and/or community; 5) ensuring children’s access to community educational services (school, kindergarten etc.). 14. The educational services are offered by the community educational services. The employees of the Cen- tre ensure educational assistance for the children when preparing their homework. 15. Violent persons (verbal and/or physical), persons abusing alcohol and drugs, persons with contagious diseases, persons who are in a state of affect, cannot benefit from the services offered by the Centre. 16. The quality of the services rendered by the Centre shall be periodically evaluated by the body of ac- creditation of social services. 17. In order to ensure the security of the beneficiaries, the Centre benefits of security and guard, as provided by the legislation. 18. Local public administration authorities, in case of need, may offer buildings in which the centers shall operate.
III. PLACEMENT OF THE BENENFICIARIES IN THE CENTRE
19. The group of beneficiaries of the services offered by the Centre is represented by persons, victims of vio- lence in the family, constituted of women, men and the couples mother-child/children, father-child/children. The children may be placed in the Centre only accompanied by the parent or their legal representative. The individual placement of the children is not allowed. The centers are specialized according to the sex criterion of the beneficiaries (centers of rehabilitation for women victims of violence in the family and centers of rehabilita- tion for men victims of violence in the family, as the case may be). 20. The placement of the adult beneficiary in the Centre takes place in the way determined by the present Regulation, at the direct request of the beneficiary or with the presentation of the personal file of the ben- eficiary by the territorial social assistance body, body of internal affairs, his/her referral by other local public administration authorities, other relevant institutions. 21. The placement of the beneficiaries takes place in case when there is an imminent danger for the life or health of the beneficiary and/or of her child/children. 22. The placement of the beneficiary in the Centre is voluntary, has a temporary character and includes the elaboration of the file of the beneficiary, complex evaluation and determination of the individual intervention plan. 23. The personal file of the beneficiary is filled in by the specialists of the Centre. 24. The complex evaluation of the beneficiary is done by the case manager, jointly with the community social assistant. The individual plan of services is revised on a monthly basis, or as often as it is needed in order for it to be updated to the newly-appeared social needs. 25. The services mentioned in item 8 of the present Regulation shall be ensured by the specialized staff hired in the Centre, by the partners of the Centre, by volunteers from NGOs with which the Centre collaborates. 26. For each beneficiary of the Centre a personal file shall be drafted which shall contain personal data, data about the family, professional background, medical data, other necessary and useful documents for each case in particular, a social form that would highlight the causes of the situation of social risk and the personalized intervention plan. 27. The preparation for the exit of the beneficiary from the Centre is done by the case manager under the supervision of the manager of the Centre and in collaboration with the territorial social assistance and family protection body and the multi-disciplinary team.
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28. After the withdrawal of the beneficiary from the Centre, the conciliation, accompanying and emotional support services are left at the discretion of the beneficiary until his/her full integration in the family and/or community.
IV. MANAGEMENT AND STAFF OF THE CENTRE
29. The Centre is run by a person who has higher education degree in one of the following fields: pedagogy, psychology, psycho-pedagogy, social assistance, legal studies, medicine. The function of manager of the Centre may be cumulated with another function. 30. The manager is hired and dismissed from the function by the founder of the Centre, according to the legislation in force. In case when there are more founders, the manager is hired and dismissed from the func- tion by the Assembly of the founders. 31. In his/her activity, the manager of the Centre is guided by the relevant normative and legislative acts, dispositions of the local and central public administration authorities and by the present Regulation. 32. The manager of the Centre is the administrator of all resources, has the right to hire and dismiss the staff in accordance with the legislation, is responsible for the legal and administrative activity of the Centre. 33. The manager of the Centre is responsible for the organization of the activity of the Centre and for the quality of the services offered. The manager guarantees access to the assistance services for the beneficiaries. 34. The manager of the Centre ensures: 1) the functioning of the Centre according to the minimum quality standards; 2) the administration of the financial and material resources of the Centre, according to the national ac- counting standards; 3) the organization and evaluation of the activity of the Centre’s staff, according to the post job description; 4) the completion and presentation of the forms and of the reports regarding the activity of the Centre by its founders, the local and/or central public authority; 5) the evidence of the cases of violence in the family and reporting to the territorial social assistance body, based on the approved forms; 6) studying and generalization of the causes and conditions of committing of acts of violence in the family; 7) the confidentiality of the programme and registries of the beneficiaries; 8) the representation of the Centre in the relations with other private and public organizations; 9) access and supervision of the continuous training of the personnel. 35. The manager of the Centre holds weekly sessions for planning the activity of the Centre or as often as it is needed. 36. The manager of the Centre concludes agreements of specialized services providing with other relevant organizations/institutions, as the case may be. Also, the Centre concludes collaboration agreements with terri- torial law enforcement in order to ensure physical protection of the beneficiaries and security of the institution. 37. In case of temporary incapacity of exercising the attributions of the manager, the responsibility for the good functioning of the Centre is transferred to the deputy manager. 38. The staff of the Centre is constituted of specialists who correspond to the needs of its functioning, ac- cording to the legislation in force. 39. The staff of the Centre is hired through open competition, in accordance with the legislation. 40. The hiring committee is consisted of a manager, representatives of the founders of the Centre, of the territorial body of social assistance. 41. The hiring of the personnel is done based on the individual work contract, concluded in the accordance with the legislation in the field. 42. At the moment of the hiring, and later every 6 months, the hired personnel is required to pass the medi- cal exam, according to the legislation. 43. The hired personnel of the Centre is required to keep confidential all information related to the private life of the beneficiaries, which they obtain in the course of their work, and not to request, nor to receive unde- served benefits for the work performed.
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44. With the agreement of the victim who has been informed in advance, the hired personnel of the Centre announces the relevant bodies about the violent acts committed in the family, in the stipulated time limits, by taking into account the legislation in the field. 45. The structure and the posts of the Centre are determined and approved by the founders, in accordance with the Minimum Quality Standards, with the aim and objectives of the Centre and the provisions of the labor legislation in force. 46. The Centre activates according to a special schedule (24/24 hours), depending on the placement needs, assistance, rehabilitation and reintegration of the victims of domestic violence. 47. The personnel carries out the activity according to the job descriptions, in the premises of the Centre, in accordance with the determined working hours and individual assistance programs of the victims of violence in the family. 48. The structure and training of the personnel has to correspond to the objectives of the Centre. 49. The remuneration of the personnel of the Centre is done in accordance with the legislation.
V. FINANCING OF THE CENTRE
50. The expenditures related to the activity of the Centre are supported by the joint budget of the founders. 51. The Centre may be financed from the state budget, budget of the territorial-administrative units, dona- tions, grants, other sources, according to the legislation. 52. The Centre has in its use fix assets from the patrimony of the public territorial-administrative unit or any other unit, from donations, sponsorships, etc., as provided by the law. 53. The organization and functioning of the Centre may be supported financially and materially by eco- nomic agents and entrepreneurs in the terms of the Law No. 1420-XV from 31 October 2002 on philanthropy and sponsorship.
VI. FINAL PROVISIONS
54. The activity of the Centre ceases based on the decision of the founders, by informing the Ministry of Labor, Social Protection and Family, in accordance with the Civil Code of the Republic of Moldova No.1107- XV from 6 June 2002. 55. After the cease of the activity of the Centre, its patrimony shall be transmitted to the founding members, in accordance with each founder’s contribution.
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28. DECISION on the creation of the National Council for coordinating national programs for preventing and controlling HIV/AIDS infection, sexually- transmissible diseases and for containing tuberculosis No. 825 of August 3, 2005 Official Monitor of the Republic of Moldova No.107-109/893 of August 12, 2005
*** The Government has DECIDED: 1. To create the National Council for coordinating national programs for preventing and containing HIV/ AIDS infection and sexually-transmissible diseases and for containing tuberculosis. 2. To approve: The nominal composition of the National Council for coordinating national programs for preventing and containing HIV/AIDS infection and sexually-transmissible diseases and for containing tuberculosis, as speci- fied in Annex No.1; The Regulation on the National Council for coordinating national programs for preventing and containing HIV/ AIDS infection and sexually-transmissible diseases and for containing tuberculosis, as specified in Annex No.2. 3. To establish that in case of dismissal of members of the Council, their functions shall be exercised by persons newly-appointed to those offices, without the issuance of new Government decisions. 4. To abrogate certain Government decisions, as specified in Annex No.3
PRIME MINISTER Vasile TARLEV
Counter-signed by: Minister of Health and Social Protection Valerian Revenco Minister of Education, Youth and Sports Victor Tvircun
Chisinau, 3 august 2005. No.825.
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Annex No.1 to Government Decision No.825 of August 3, 2005
NOMINAL COMPOSITION of the National Council for coordinating national programs for preventing and containing HIV/AIDS infection and sexually-transmissible diseases and for containing tuberculosis
Vladimir HOTINEANU Minister of Healthcare, Chairman of the Council Iurii BUCINSCHI Head of Social Development Department, State Chancellery, Deputy Chairman of the Council Tatiana POTING Deputy Minister of Education, Deputy Chairman of the Council Igor CHILCEVSCHI Chairman of the League of Persons Living with HIV/AIDS, Deputy Chairman of the Council Raisa FLOCEA Main Consultant, State Chancellery, Secretary of the Council Victor BARBANEAGRA Deputy Minister of Finances Sergiu SAINCIUC Deputy Minister of Labor, Social Protection and Family Oleg EFRIM Deputy Minister of Justice Mihai MAGDEI Deputy Minister of Healthcare Dumitru URSACHI Deputy Minister of Interior Oleg TULEA Deputy Minister of Youth and Sports Victor VOLOVEI Executive Director, UCIMP Stefan GHEORGHITA Deputy Director of the National Scientific and Practical Center for Preventive Medicine Leonid CERESCU Chairman of the National Employers’ Confederation Gabriela IONASCU Coordinator, UNAIDS Pavel URSU Director of WHO in Moldova Boris GILCA Coordinator, UNFPA Melanie MARLETT Director of the World Bank Office in the Republic of Moldova Alexandra YUSTER Coordinator, UNICEF Kaarina IMMONEN Resident Coordinator, UNDP Diana CAZACU Program Coordinator, USAID Viorel SOLTAN Executive Director of the PAS Center Antonita FONARI Chairman, SIDA Network Victor URSU Executive Director of the Foundation “Soros-Moldova” Ala IATCO Director of the Union of Nongovernmental Organizations Active in Reducing Noxae Lilia BULAT Executive Director, NGO “Christian Aid in Moldova” Petru DERMENJI Coordinator TB, Bender Alexandru GONCEAR Coordinator HIV, Tiraspol Alexandru CURASOV Representative of the League of Persons Living with HIV/AIDS Boris BALANETCHI Executive Director, AO “Gender-DocM” Larisa BIRCA Chairman of the Red Cross Society in Moldova Ion VIERU Chief of the General Department for Healthcare and Social Protection from the territorial autonomous unit Gagauzia [Annex No.1 as worded by Gov.Dec.No.375 of 06.05.2010, effective as of 11.05.2010] [Annex No.1as amended by Gov.Dec.No.462 of 24.03.2008, effective as of 01.04.2008]
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Annex No.2 to Government Decision No.825 of 3 August 2005
REGULATION on the National Council for coordinating national programs for preventing and containing HIV/AIDS infection and sexually-transmissible diseases and for containing tuberculosis
I. General Provisions
1. The National Council for coordinating national programs for preventing and containing HIV/AIDS in- fection and sexually-transmissible diseases and for containing tuberculosis (hereinafter – the National Coor- dinating Council) is a national-level inter-sector body, which reflects the priorities and the commitment of the Republic of Moldova to combat tuberculosis, HIV/AIDS infection and sexually-transmissible diseases. The aim of the National Coordinating Council is to contribute to the efficient implementation of activities within the framework of national programs for preventing and containing HIV/AIDS infection and sexually- transmissible diseases and for containing tuberculosis, by attracting, coordinating, monitoring and disbursing funds offered by international organizations, in response to the country’s need to accomplish the Millennium Development Goals. 2. The activity of the National Coordinating Council is based on European democratic principles and the legislation of the Republic of Moldova. Upon developing this Regulation, there have been taken into account as well the recommendations of the Global Fund for Combating AIDS, Tuberculosis and Malaria. 3. The National Coordinating Council carries out its activity based on a partnership established between state, international and nongovernmental institutions, based on the principles of transparency and mutual col- laboration. 4. The activity of the National Coordinating Council is carried out between sectors and ministries, in or- der to ensure a broader participation of interested parties in the monitoring of activities for preventing and containing HIV/AIDS infection, sexually-transmissible diseases and for containing tuberculosis, as well as in order to establish a durable connection between all key decision-makers, involved in the development, promo- tion and implementation of national policies in the field of tuberculosis, HIV/AIDS infection and sexually- transmissible diseases. 5. The National Coordinating Council is managed by a chairman and assisted by a deputy chairman.
II. Objectives of the National Coordinating Council
6. The objectives of the National Coordinating Council result from the general objectives of the national programs for preventing and containing tuberculosis, HIV/AIDS infection and sexually-transmissible diseases, and are directed at improving the epidemic situation and public health by means of: rendering more efficient the governmental policy in the field of containing tuberculosis, HIV/AIDS infec- tion and sexually-transmissible diseases; strengthening inter-sector partnership between state, international and nongovernmental institutions aimed at a better control over tuberculosis, HIV/AIDS infection and sexually-transmissible diseases; ensuring a mutual and efficient dialogue between governmental and nongovernmental organizations from Moldova and abroad. 7. In order to accomplish its objectives, the National Coordinating Council: analyzes causes and conditions favoring the spreading of tuberculosis, HIV/AIDS infection and sexually- transmissible diseases; contributes to finalizing national strategies for supervising, containing and preventing tuberculosis, HIV/ AIDS infection and sexually-transmissible diseases and monitors their implementation;
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determines and proposes to the Government to reserve in the state budget funds necessary for applying national strategies in the respective fields; periodically informs the Government and competent authorities about performed activities and results achieved; proposes measures for supervising, containing, preventing and reducing the social impact of the cases of tuberculosis, HIV/AIDS infection and sexually-transmissible diseases; formulates proposals for amending and supplementing legislative acts, as well as for the development of new normative acts for supervising, containing, preventing and reducing the social impact of the cases of HIV/ AIDS infection. Proposals are submitted to competent institutions, as provided by effective legislation; monitors the observance of conventions, treaties and of other international acts, to which the Republic of Moldova is a party, concerning the observance of the rights of persons infected with tuberculosis, HIV/AIDS infection and sexually-transmissible diseases; promotes inter-sector partnership with a view to developing and implementing national programs and en- sures the transparency of the decision-making process; approves the nominal composition of technical working groups and responsible heads in specific domains; approves the annual work plan of the Secretariat of the National Coordinating Council, as well as the ex- ecutive plans of the national programs for preventing and containing tuberculosis, HIV/AIDS infection and sexually-transmissible diseases, developed by technical working groups; performs other functions with a view to accomplishing the goal and tasks for which it has been created, in accordance with effective legislation.
III. Structure of the National Coordinating Council
8. The National Coordinating Council has three levels: decision-making level – members of the National Coordinating Council; coordinating level – Secretariat of the National Coordinating Council; operational level - technical working groups. 9. The decision-making level of the National Coordinating Council is the supreme management body of the Council and comprises representatives of ministries, agencies and international organizations, nongovern- mental organizations, persons infected with/affected by HIV/AIDS, who, through their activity contribute to the development and promotion of healthcare policies in the field of tuberculosis, HIV/AIDS infection and sexually-transmissible diseases. 10. Any person, who recognizes and accepts the constituting principles of the National Coordinating Coun- cil, contributes to the strengthening of the Council’s capacity and, implicitly, to the accomplishment of national programs for preventing and containing tuberculosis, HIV/AIDS infection and sexually-transmissible diseases, may become member of the National Coordinating Council. Governmental organizations and international agencies are represented in the Council by delegated per- sons, while nongovernmental, charity, private organizations, service beneficiaries, persons infected with or affected by the HIV/AIDS infection appoint their candidates by means of a transparent election process. The application, motivation letter and the election minutes are submitted to the Secretariat of the National Coor- dinating Council. Withdrawal from the National Coordinating Council is accomplished by means of an official application to the Council chairman. Exclusion of members from the National Coordinating Council is performed by a vote of at least 2/3 of the members. 11. The National Coordinating Council functions as a national group based on consensus. The members of the Council are equal partners, with full rights of participation and involvement in the decision-making pro- cess. Resolutions are adopted by 2/3 of the present members. Members of the Council may delegate their voting rights to representatives authorized by them. 12. Members of the National Coordinating Council convene into meetings not less than 4 times a year. Meetings are organized at the initiative of the Council chairman or at the initiative of the Council Secretariat or at the request of 1/3 of the Council members, with notice given to the Secretariat one month prior to such in- tention. Meetings are chaired by the Council chairman and in his absence – by the deputy chairman. Meetings
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of the National Coordinating Council may be attended by invitees, as reporters or observers, without voting rights. 13. The coordinating level of the Council is ensured by its Secretariat, which: develops the annual activity plan of the Secretariat and establishes the approximate dates of the Council meetings, as well as activities between meetings. The Secretariat offers logistic support in organizing the meet- ings; two weeks before the meeting, the Secretariat draws up the preliminary agenda and submits it to the mem- bers of the Council for amendment and supplementing. After the meetings the members of the Councils are forwarded the minutes and other requested materials by email; formulates resolutions and proposes them for approval during Council meetings; facilitates information exchange concerning implementation of abovementioned national programs be- tween various partners, by means of an electronic bulletin and a (printed) informative bulletin; monitors and ensures the activity of technical working groups and keeps the minutes of their meetings; reports annually to the members of the Council about performed activities and informs the chairman on a constant basis of the Council news. 14. The operational level of the National Coordinating Council is represented by the technical working groups, consisting of specialists in the field of tuberculosis (5 persons) and HIV/AIDS (7 persons) from state, nongovernmental and international institutions. The following groups activate in containing tuberculosis: a) the technical working group for tuberculosis diagnosis; b) the technical working group for managing classic tuberculosis, multi-resistant tuberculosis and TB/AIDS co-infection; c) the technical working group for containing tubercular infection; d) the technical working group for communication and prevention. The following groups activate in containing HIV/AIDS infection and sexually-transmissible diseases: a) the technical working group for epidemiologic and sentinel supervision of HIV/AIDS infection and sexually-transmissible diseases; b) the technical working group for social services: education and social assistance; c) the technical working group for reducing noxae; d) the technical working group for treating and taking care of persons living with HIV/AIDS infection and sexually-transmissible diseases; e) the technical working group for communication and prevention; f) counseling and voluntary testing for HIV/AIDS/hepatitis; g) assistance and social protection for persons affected by TB/HIV. Amongst the technical working groups there is a mixed group: monitoring and evaluation of tuberculosis, HIV/AIDS infection and sexually-transmissible diseases. [Section 14 supplemented by Gov.Dec. No.375 of 06.05.2010, effective as of 11.05.2010] 15. Members of technical working groups meet in ordinary sessions and as necessary, but not less than four times a year. They perform their activity according to a work plan, drawn up by themselves within each group. The schedule of ordinary meetings is submitted to the Secretariat of the National Coordinating Council to be notified to the members of the Council, along with the topics of the meetings. The head and the secretary of the technical working group are responsible for drawing up the minutes of the meetings, which are subsequently presented to the Secretariat of the Council. The tasks of the technical working groups consist of: offering technical support upon developing projects and strategies of national programs for preventing and containing tuberculosis, HIV/AIDS infection and sexually-transmissible diseases; offering technical support upon developing funding proposals for external donors or donating agencies; monitoring and evaluating the situation in the field of tuberculosis, HIV/AIDS infection and sexually- transmissible diseases, identifying medical problems in the field and participating in the development of na- tional policies.
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Annex No.3 to Government Decision No.825 of 3 August 2005
LIST of Government decisions subject to abrogation
1. Government Decision No.346 of 19 March 2002 “On the creation of the National Coordinating Coun- cil for Implementing the Project “Support for the National Program for Preventing HIV/AIDS infection and sexually-transmissible diseases and for the National Program for Containing Tuberculosis”, sustained by the Global Fund for Combating AIDS, Tuberculosis and Malaria” (Official Monitor of the Republic of Moldova, 2002 No.43-45, art.418). 2. Government Decision No.140 of 17 February 2004 “On amending and supplementing Government Deci- sion No.346 of 19 March 2002.
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29. DECISION on the approval of the National Program for HIV/AIDS and STIs Control and Prevention (PROGRAM) for 2011-2015 no. 1143 As of 16.12.2010 Chisinau
Pursuant to the provisions of art.6, art.7, art.9 and art.72 of the Law on the Government surveillance of pub- lic health, no.10- XVI dated 03 February 2009 (‘Official Monitor of the Republic of Moldova’, 2009 issue no.67, art. 183), art. 4 of the Law on HIV/AIDS Prevention, no.23-XVI from 16 February 2007 (‘Official Monitor of the Republic of Moldova’, 2007 issue no.54, art. 250), the Government
IS DECIDING:
1. To approve of the PROGRAM for 2011-2015 (annexed hereto). 2. To entitle the municipal councils from Chisinau and Balti, Administrative Territorial Unit of Gagauzia (Gagauz-Yeri) and district-level councils: To develop, approve of and enforce the implementation of regional programs for HIV/AIDS and STIs pre- vention and control programs for 2011-2015; To establish regional committees for HIV/AIDS and STIs prevention and control, entitled to organize and control the implementation of regional programs for HIV/AIDS and STIs prevention and control. 3. Central public authorities shall: Develop and approve of the operational plans to implement the provisions of the PROGRAM 2011-2015; Inform the Ministry of Health (MOH), on an annual basis, before 5 March each year, on the progress achieved with regards to PROGRAM implementation. 4. It is provided for that the funding of the PROGRAM 2011-2015 shall be ensured within the national pub- lic budget means available, as well as with the funds made available by international organizations, donations and grants. 5. The MOH is responsible to control the enforcement of the given Decision. 6. The following Government Decisions to be abrogated: no.948 from 5 September 2005, ‘on HIV/AIDS and STIs prevention and control measures’ (‘Official Monitor of the Republic of Moldova, 2005 issue no.126-128, art.1048 ) starting on 1 January 2011.
Prime Minister Vladimir FILAT Signed off: Deputy Prime Minister Ion NEGREI Minister of Health Vladimir HOTINEANU Minister of Finance Veaceslav NEGRUTA
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Annex to the Government Decision no._____ as of_______
National Program for HIV/AIDS and STIs Prevention and Control (PROGRAM) 2011-2015
Chapter I. Introduction 1. Based on the World Health Organization (hereinafter WHO) classification, the Republic of Moldova (hereinaf- ter the RM) is in a concentrated stage of the HIV/AIDS epidemic. Heterosexual route of HIV/AIDS transmission has been prevailing over the last years, with the number of new cases identified among injecting drug users (hereinafter IDU) dropping. 2. Therefore, given the present epidemic situation, it is critical to design strategies and take actions to advocate for healthy lifestyles, changing risky behaviors that put someone at risk for HIV/AIDS, by developing and implementing measures to prevent and ensure treatment, care and support for the people living with HIV (hereinafter PLHIV). 3. The Government of RM, through the National Program for HIV/AIDS and STIs Prevention and Control (hereinafter PROGRAM) shall ensure the coordination of HIV and sexually transmitted infections (hereinafter STI) response measures during 2011-2015. 4. Priority actions under the Program shall be translated in operational plans to steer the implementation process. 5. RM is a co-signatory to the global commitments set under the Millennium Development Goal no.6 ‘Stop the spread of HIV/AIDS and TB by 2015 and reverse current trends’, Declaration of Commitment of the United Nations (hereinafter UN) General Assembly Special Session (UNGASS) for HIV/AIDS dated 2001, Universal Access initia- tive and strategic framework of outcomes. At the same time, the Program is developed to support the objectives of the National Development Strategy and the Health System Development Strategy for 2008-2017 and the National Health Policy of the RM. 6. The Program has been designed to steer and enforce compliance among Government’s institutions, civil and private sector stakeholders, and development partners.
Chapter II Program Development Process
7. The Program has been developed in line with the requirements for the development of Government De- cisions and unified conditions for policy papers no.33 from 11 January 2007, with participation of Government representatives (MOH, Ministry of Labor, Social Protection and Family (MOLSPF), Ministry of Education, Ministry of Justice, Ministry of Youth and Sports, Ministry of Internal Affairs, and Ministry of Finance), non- governmental organizations (hereinafter NGOs), including PLHIV, with technical and financial support from bilateral donors and international organizations (UNDP, UNAIDS, WHO, UNICEF, UNFPA). 8. The Program development process was linked to the process of developing and implementing GFATM project proposals for the RM. 9. The Program development process included a poverty assessment, a national response analysis and a review of outcomes of NAP 2006-2010 implementation. 10. Members of the National NAP and National TB Program (NTP) Coordination Council (hereinafter CCM) have been involved in the Program development all throughout the process, along with the CCM Tech- nical Working Groups.
Chapter III Situation Analysis
11. The HIV infection is a major public health priority in the RM. As of 1 June 2010 there have been 5,999 PLHIV reported overall in the country, including 1,891 – in Transnistria. There was an insignificant drop in
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the number of new cases reported, i.e. 704 (17.12 per 100,000 population) versus 795 reported in 2008 (19.27 per 100k). The spread of HIV is reported in all districts of the country, although the degree of spread differs. The highest cumulative prevalence per 100,000 people is reported in the municipalities of Balti – 804.86 and Chisinau – 135.86; districts of Glodeni – 141.49, Basarabeasca – 122.03, and Singerei – 109.69. In Transnistria the HIV prevalence rate is 2.73 times higher than in the rest of the country, tallying up to 453.59 in the city of Tiraspol, and 531.49 – in the district of Ribnita. 12. HIV is reported among the able-bodied and sexually active young people; hence, 86.02% of the total identified number of PLHIV is from the 15-39 years-old group, 23.77% are 20 - 24 years-old, and another 24.99% are from the 25-29 years-old age group. 13. There is a steady high level of heterosexual transmission rate of HIV (81.25%), with the number of new cases growing in rural areas (34.9%), among migrants (34%), while the share of new cases among IDUs going down. There are about 80 new HIV cases reported each year among pregnant women. As many as 887 people have been diagnosed with AIDS during 1989-2009. About 500 people died of HIV/AIDS during 1987–2009 in Moldova alone (net of Transnistria data). Another 490 PLHIV died of AIDS during 1989–2009 in Transnistria. Of the most frequently diagnosed AIDS indicator conditions, TB has the highest share - 482 people (54.34% of all AIDS patients). 14. To day, the burden of HIV is borne by men and women equally. The situation changed somewhat fol- lowing the shift from IDU-driven epidemic during 1990-2001 (most of whom were men) towards a prevailing sexual route of transmission today. Of all the major areas of suggested interventions, gender issues were reck- oned as top priority, streamlined into all actions and underpinning the interventions fit for the roles played by women and men. Therefore, one has to take into account the responsibilities and opportunities for men and women from the social, cultural and political standpoints. Various tools for monitoring, evaluation and oversight have been designed to provide data disaggregated by gender to identify those interventions targeting gender issues, making allowance for gender differences. One may notice that no provisions have been made for gender issues in the HIV control actions taken before, as interventions were targeting general population and vulnerable groups at high risk for infection only. Given that IDU accounted for four-firths of all new cases of HIV at the beginning of the epidemic, which subsequent spread to lay population via sex and taking into account the major role that women play in reproductive health and bringing up children within one’s family and the society in general, the emphasis is made on securing the psychological support, preventing unwanted pregnancy among HIV-positive women, counseling and testing, family planning, social care and support after birth (food parcels, clothing, summer camps for mothers and children). 15. The epidemiological situation for syphilis and gonorrhea is flat, the incidence per 100,000 people reach- ing 68.26 in 2006 versus 69.5 in 2009 for syphilis, and 50.7 versus 42.7 respectively for gonorrhea. 16. The evaluation of the NAP 2006-2010, endorsed through Government Decision no.948 as of 5 Septem- ber 2005, proved this topic relevant, contributing to strengthening and mobilizing the national and foreign resources to implement and scale up HIV prevention, treatment, care and support, surveillance and control strategies and activities for PLHIV and their family members. The activities and provisions of the Program are technically and financially supported by international organizations, GFATM and other donors, thus con- tributing towards the fulfillment of commitments taken by the Government of RM as part of the UNGASS Declaration from June 2001. 17. Pursuant to international standards, the national laws and normative acts have been developed and ap- propriately adjusted on ways to interdict the discrimination of PLHIV or vulnerable to HIV-infection, observ- ing the human rights and dignity approach, acting as the legal basis for the carrying out of comprehensive, team and cross-sector interventions. 18. The HIV monitoring and surveillance is a hot topic at relevant central-level authorities. In order to improve people’s access to voluntary and confidential counseling and testing (VCT) services, a VCT service was set up within the health care system. As many as 254 thousand people have been tested during 2006 and 298 thousand people – in 2009. HIV surveillance, antiretroviral (hereinafter, ARV) treatment and management of opportunistic infections, palliative care, prevention of mother-to-child transmission are all done as per the national protocols, developed according to WHO recommendations. PLHIV and AIDS patients are granted universal access to ARV treatment. 19. In cooperation with civil society, there are 49 harm reduction programs and projects implemented in the coun- try, along with prevention, rehab and psychosocial support, opiate substitution therapy with methadone for IDUs, in- mates, migrants and other groups at high risk of infection, as per the standards of WHO, UNAIDS, and UNODC.
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Chapter IV Program Goal and Objectives
20. The goal of the Program is to advocate for a healthy lifestyle to population, adopting safe and harmless behaviors, scaling up HIV prevention in population, including rural population, mobile populations, improv- ing the accessibility of health care services (VCT, early diagnosis, HIV treatment, care and support), while keeping the country’s HIV-infection to concentrated epidemic levels. 21. Listed below are the Program objectives: a) HIV incidence shall have stayed below 20.0 cases per 100,000 population in the 0-39 years-old age group by 2015 The main purpose of this objective is to cut down the HIV incidence among the youth of reproductive age and vulnerable groups. The accomplishment of this objective shall provide the population with access to HIV prevention services. Behavior change, community mobilization, peer-to-peer actions taken among youth and outreach activities undertaken among IDU, men having sex with men (hereinafter, MSM), commercial sex workers (hereinafter, CSW), migrants, track drivers etc. and providing people with VCT services make up the cornerstone of HIV prevention measures. b) Mortality among PLHIV of the estimated total number of PLHIV shall have dropped by 10% by 2015 The above objective aims at improving the quality of life of the PLHIV by ensuring: required ARV therapy, treatment of opportunistic infections and HIV/AIDS associated conditions, home care, social protection, and care for orphan children. The creating of an enabling environment shall allow for better adherence to ARV treatment and a more efficient case management.
Chapter V Guiding Principles for HIV/AIDS National Response
22. The principles used at both international and national levels applicable to public health programs un- derpinned the development of the Program, as follows: a) Principle 1. The Program is evidence based. The Program has been designed based upon the evidence drawn throughout the NAP 2006-2010 imple- mentation and the National Response Appraisal carried out at the beginning of 2010. b) Principle 2. The Program has been designed on a human rights based approach. The Program has been designed through the prism of human rights, by identifying responsibility bearers and rights holders and by securing the rights of those marginalized. The Program has been designed to ensure non-discrimination, equity and social inclusion, advocating for transparency and accountability of all relevant stakeholders. c) Principle 3. The Program has been designed to be gender sensitive. d) Principle 4. The Program has been designed to ensure universal access to HIV prevention, treatment and care. The key principles of universal access (UA) provide for the services to be equitable, accessible geographical- ly, affordable, comprehensive and sustainable. Ensuring UA means setting and tracking national targets in line with international standards, by calculating coverage levels that ought to be reached by the end of the Program. e) Principle 5. Involving communities and PLHIV in the process of Program design, implementation and evalu- ation The Program has been designed to enforce the principle that provides for the rights and opportunities of the PLHIV and affected by HIV to be observed. The involvement of civil society, including PLHIV and the representatives of groups at high risk of HIV infection shall strengthen the quality and efficiency of the national response. f) Principle 6. Ex-ante assessment of the Program impact The ex-ante assessment of the Program aimed at modeling and evaluating scenarios for possible trends in epidemiologic situation and a review of its impact and/or consequences. There has been use made of software internationally used to forecast estimates and trends. Hence, a comparison of different scenarios drew on the
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modeling of epidemiologic situation for 10 prospective years, following up on a set of indicators, such as pre- dicted reduction in prevalence and incidence rates, estimated number of new HIV cases, estimated number of prevented HIV cases, years of life saved, cost per HIV case prevented etc. g) Principle 7. Monitoring and Evaluation
Chapter VI Program Overview
23. The Program has been designed as a complex framework to guide the national response activities and stakeholders across all sectors. 24. The implementation of the Program shall be focused on the following priority areas: a) Strengthening and scaling up HIV prevention activities in lay population, including the rural, migrants and other groups at high risk of infection (IDU, MSM, CSW etc.) Setting up and ensuring the operability of one communication message for behavior change and advocacy for healthy lifestyles, building up safe behaviors in children and youth from the primary, secondary vocational and higher education facilities. Ongoing develop- ment of VCT services; b) Developing infrastructure and building capacity to enhance UA to health care and palliative care by de- centralizing the ARV treatment, strengthening health care, social and palliative care services; c) Strengthening and building the capacity of government and civil society organizations to provide educa- tion and support for the children left with no parental care and for the children from the families-in-need; d) Developing and ensuring the operability of a cross-sector national system for the coordination, manage- ment and monitoring of HIV/AIDS and STI control, prevention and treatment interventions. Building the capacity of CCM and technical working groups; e) The management of Program shall be ensured through operational research, implementation of epide- miologic surveillance systems, surveillance of virus circulation and resistance profile, information technolo- gies, implementation of case management and capacity building for lab diagnosis; f) Strengthening the capacity of human resources through formal education, and trainings in HIV/AIDS- related areas; g) Enabling environment and community development (advocacy and communication; institutional devel- opment; human rights; gender programs); h) Research and epidemiologic, clinical, social, behavior and economic studies of the HIV-infection.
Chapter VII Rights Holders and Program Beneficiaries
25. The right holders and Program beneficiaries have been identified by one’s risk of getting HIV and by one’s social and behavioral vulnerability. The following WHO/UNAIDS methodology was employed to esti- mate the size of the group of Program beneficiaries (http://www.unaids.org/en/KnowledgeCentre/HIVData/ Methodology/default.asp) which, in partnership with national authorities, make use of six-step approach to get estimates of HIV prevalence during the time span of national program implementation (5-10 years). 26. In the case of RM – a country with concentrated epidemic – as per the UNAIDS recommendations, the estimates are computed as a result of the following: a) Step One – Epidemiologic surveillance data is collected for high risk groups: CSW, MSM, and IDUs. Estimates of the size of vulnerable groups are made, as well as estimates of most-at-risk groups (for instance: partners of CSW or of IDUs etc.) b) Step Two – Collected data is entered into specialized software (“Estimation and Projection Package”). c) Step Three – Curves are drawn for the trends in adult HIV incidence rates (15-49 years-old age group) over a certain period of time. d) Step Four – Adult incidence curve, along with national demographic estimates generated by UNFPA and ARV treatment coverage data for adults and children are then entered into the Spectrum software.
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e) Step Five – this data is supplemented by different epidemiologic assumptions (fertility rates, female-to- male ratio, survival rate following HIV infection etc.) f) Step Six – ‘Spectrum’ estimates the forecast number of infected adults, new cases and HIV deaths, or- phans and ARV treatment needs. 27. Hence, the actions required at country level have been taken based upon worldwide acceptable meth- odologies to estimate the size of Program beneficiary group, as reflected in the beneficiary groups outlined in Annex no.1 to the Program.
Chapter VIII Priority Actions
28. Specific Objective I. Ensuring the access for at least 10% of general population to HIV and STI pre- vention services by 2015: a) Develop and implement a strategic communication framework for behavior change in HIV/AIDS and STIs; b) Involve and mobilize communities (local public authorities (including, health care, social assistance, education), church community, PLHIV, NGOs, family members affected by HIV/AIDS) to strengthen HIV and STI prevention; c) Provide the general population with VCT services for HIV and STIs; d) Design and implement HIV and STI prevention programs for risk population groups, including: mi- grants, mobile population, recruits, inmates, people in uniform (including from the prison system), minor and youth delinquents, as well as other marginalized groups; e) HIV and STI prevention actions taken among youth and adolescents within the education system; f) HIV and STI prevention activities among unschooled youth and adolescents; g) PLHIV-centered HIV and STI prevention measures; h) HIV prevention among employed population through workplace programs. 29. Specific Objective II. Ensuring the access of at least 60% of the estimated number of high risk groups (CSW, MSM, IDU) to prevention services by 2015: a) Ensure the curtailing of HIV and STI spread, differentiated by age specific and gender specific needs, among CSW and their clients; b) Ensure HIV and STI prevention, differentiated by age specific and gender specific needs among MSM; c) Ensure the access of IDUs, differentiated by age specific and gender specific needs, to comprehensive HIV prevention services and substitution therapy, including in the prison sector. 30. Specific Objective III. Providing 10% of population with condoms by 2015: a) Provide for the social marketing of condoms. 31. Specific Objective IV. Providing 80% of patients diagnosed with an STI with treatment: a) Provide for the testing, diagnosis and treatment of STIs for all groups of population, including high-risk groups. 32. Specific Objective V. Ensuring the access of at least 95% of pregnant women with PMTCT services: a) Prevent the mother-to-child transmission of HIV and STIs and provide HIV-positive mothers with milk formula for the infants born to them. 33. Specific Objective VI. Ensuring blood safety for 100% of blood samples used for transfusion pur- poses: a) Ensure the safety of donor blood. 34. Specific Objective VII. Providing people at risk for HIV infection with access to post-exposure pro- phylaxis (PEP) in 100% of cases when needed: a) Provide PEP for professional exposures and sexual abuse or rape. Ensure the access to PEP information. 35. Specific Objective VIII. Ensuring ARV treatment for 80% of the estimated number of PLHIV and AIDS patients in need of treatment, by 2015: a) Ensure access for the PLHIV and AIDS patients to outpatient treatment;
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b) Ensure the access of general population to provider-initiated HIV testing and laboratory diagnostics; c) Ensure the PLHIV with prevention, diagnosis and treatment of opportunistic infections and HIV-associ- ated conditions in outpatient settings; d) Ensure the access of PLHIV and AIDS patients to ARV treatment; e) Ensure the access of adult PLHIV and AIDS patients to ARV treatment; f) Ensure the access of HIV-infected children and AIDS patients to ARV treatment; g) Ensure adherence to ARV treatment (including, through nutritional programs); h) Ensure the laboratory follow-up to adjust regimens for an efficient treatment; i) Surveillance of drug resistance in HIV patients. 36. Specific Objective IX. Ensuring 10% of the total estimated number of PLHIV and AIDS patients with care and support by 2015:Ensure case management and team approach to care for PLHIV; b) Ensure psycho-social support for PLHIV and AIDS patients; c) Provide the terminally-ill patients with palliative care in outpatient settings; d) Ensure the diagnosis and treatment of opportunistic infections and HIV-associated conditions in PLHIV in inpatient settings; e) Ensure the terminally-ill patients with palliative care in inpatient settings; f) Ensure the access of children infected and affected by HIV to social services. 37. Specific Objective X. Creating an efficient system for program management by 2015: a) Ensure the planning process through the CCM’s technical working groups (TWG) and Program manage- ment; b) Secure the financial management of the Program and projects; c) Ensure Program monitoring and evaluation; d) Ensure the implementation, renewal and servicing of HIV/AIDS related information systems; e) Ensure the medical follow-up of patients by making the automated database SIME-HIV operational; f) Ensure the monitoring of prevention services provided to vulnerable groups and of social benefits by making the single ID system operational; g) Make the coordination systems operational for the NGO sector; h) Build the capacity of staff involved in programs; i) Provide the workers involved in service provision to HIV/AIDS and STI patients with in-service training, including for pediatric care; j) Ensure the social protection of PLHIV and AIDS patients; k) Provide for advocacy activities and defending the interests of PLHIV; l) Ensure the observance of rights of the PLHIV; m) Build the capacity of PLHIV NGOs; n) Epidemiologic and sociologic studies; o) Operational research.
Chapter IX Program Implementation
38. The Program implementation is based on the work of CCM, which is a cross-sector structure at national level, outlining the priorities and the commitment of the RM in fighting HIV/AIDS, STIs and TB. The relevant ministries are held accountable for the participation in CCM meeting and for the implementation of sector- wide activities. CCM works based upon a partnership between government entities, unions, international or- ganizations and NGO, on a transparent and reciprocally collaborative basis. The work of CCM is regulated by the CCM’s Charter endorsed through the RM Government Decision no.825 from 03.08.2005.
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Chapter X Service Provision and Implementation Implementation Partners
39. Service providers and implementers shall coordinate their implementation activities with CCM. The transparency of implemented activities shall be secured through the website www.aids.md. 40. Among implementation partners one may find governmental organizations, as well as civil society or- ganizations: a) Public and private health care services to ensure the lab diagnostics, clinical care, and management of patients, as well as health education etc.; b) NGOs to carry out activities in high-risk groups, support for PLHIV etc.; c) Private sector companies to implement workplace policies; d) Social service providers, to translate HIV response to available services; e) Research groups for study development. 41. Public administration authorities and organizations in charge of capacity building are as follows: a) MOH, MOLSPF, Ministry of Education, Ministry of Justice, Ministry of Sports and Youth and other entitled institutions; b) UN technical agencies (UNAIDS, WHO, UNFPA, UNICEF etc.), through the technical assistance and information about international standards; c) National and international NGOs specialized in PLIHV interventions, workplace actions, IDUs etc.; d) Tier-I and –II local public authorities.
Chapter XI Monitoring and Evaluation
42. The Program monitoring and evaluation shall be done in line with the Program Monitoring Plan (An- nex no.2 to the given Program).
Chapter XII Program Indicators
43. Program indicators are made up of a number of indicators to be reported on an annual basis. The core principle for setting the key indicators focused on “measuring progress” towards reaching the targets, out- comes and Program components. Thus, indicators also reflect the national reporting needs as set out in the Universal Access, Dublin Declaration (hereinafter, UNGASS); UA Initiative and MDG focusing on HIV/AIDS. According to the Program, indicators were grouped into four categories: output, process, outcome and impact. Output and process indicators are reviewed and collected on a quarterly basis and lay up the foundation for the Program monitoring, whereas outcome and impact indicators are collected and reviewed once every 2-5 years following specific epidemiologic studies and underpin the Program evaluation (as per Annex no.2 to the given Program).
Chapter XIII Program Budget
44. Program cost estimates were assessed based on the cost per service or per capita, as prescribed (Annexes no.3 and 3a to the given Program).
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Annex no.1 to the NAP 2011-2015 Approved through the Government Decision no._____ as of ______
Target populations of beneficiaries, definitions and descriptions
The identification of target groups of beneficiaries (hereinafter, TGB) aims at measuring the resources amassed for specific populations as part of the service provision process within programmatic interventions, identified based upon the UNAIDS Guidelines from 2009 “Evaluation and classification of beneficiary popula- tions for the national response to HIV/AIDS”. It will provide results about the program expenses, making no allowance for the cost efficiency or coverage. I. PB.01 PLHIV 1. PB.01.01 Adults and youth (15+ years-old) living with HIV a) PB.01.01.01 Male adults and youth (15+) living with HIV b) PB.01.01.02 Female adults and youth (15+) living with HIV c) PB.01.01.98 Adults and youth (15+) living with HIV not broken down by sex 2. PB.01.02 Children (under 15 years-old) living with HIV a) PB.01.02.01 Boys (under 15) living with HIV b) PB.01.02.02 Girls (under 15) living with HIV c) PB.01.02.98 Children (under 15) living with HIV, not broken down by sex 3. PB.01.98 PLHIV not broken down by age or sex. II. PB.02 Population at high risk of getting HIV is identified by the type of behavior he/she is practicing putting her/him at high risk for HIV. Therefore, the population groups that are identified should be top priority for the national and sub-national programs. In particular, among those population groups that are at high risk of getting HIV one may find: CSW and their clients, IDUs, MSM, including adolescents from the above groups. It is estimated that those population groups have high rates of promiscuity, practicing unsafe sex with multiple partners or use of contaminated injection equipment for drug use, thus putting them at risk for HIV. 1. PB.02.01 IDUs and their sex partners 2. PB.02.02 CSW and their clients a) PB.02.02.01 CSW and their clients b) B.02.02.02 Male CSW transvestites (and their clients) c) PB.02.02.03 Male CSW non-transvestites (and their clients) d) PB.02.02.98 CSW broken down by sex e) PB.02.02.99 CSW not part of any previous group and their clients 3. PB.02.03 MSM 4. PB.02.98 “Population groups at high risk for HIV” broken down by type and age III. PB.03 Other Key Populations include children without parental care and children from families in need, children born or that ought to be born to HIV-infected mothers, refugees, internally displaced people and immigrants, emigrants and migrants within the country, reckoned as “key populations” both in terms of epidemic trends, and response to epidemic. 1. PB.03.01 Children without parental care and children from families in need (CFT) 2. PB.03.02 Children born or that ought to be born to HIV-positive mothers 3. PB.03.03 Refugees (externally displaced) 4. PB.03.04 Internally displaced people (in case of emergencies) 5. PB.03.05 Migrants/mobile populations 6. PB.03.06 Ethnic minority groups 7. PB.03.07 Inmates and other institutionalized peopled 8. PB.03.08 Track drivers / employees working in transports and commercial drivers 9. PB.03.09 Street children and youth
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10. PB.03.10 Minor and young delinquents 11. PB.03.11 Out-of-school children and youth 12. PB.03.12 Institutionalized children and youth 13. PB.03.13 Partners of PLHIV 14. PB.03.14 Recipients of blood and blood products 15. PB.03.98 “Other key populations” not broken down by type 16. PB.03.99 “Other key populations” not mentioned above IV. PB.04 Specific “Reachable” Populations include school children, women attending reproductive health clinics, military and employees. 1. PB.04.01 People attending STI clinics 2. PB.04.02 Primary and lower secondary education students 3. PB.04.03 Upper secondary education students. Students of vocational and specialized schools 4. PB.04.04 Higher education students 5. PB.04.05 Health workers 6. PB.04.06 Sailors 7. PB.04.07 Military 8. PB.04.08 Police and uniform services (other than the military) 9. PB.04.09 Veterans 10. PB.04.10 Employees 11. PB.04.98 “Reachable” populations not broken down by type 12. PB.04.99 “Reachable” populations not mentioned above V. PB.05 General Population consisting of 1. PB.05.01 General population (adults 24+ years) a) PB.05.01.01 Adult male population b) PB.05.01.02 Adult female population c) PB.05.01.98 General population (adults 24+ years-old) not broken down by sex 2. PB.05.02 Children (under 15 years) a) PB.05.02.01 Boys b) PB.05.02.02 Girls c) PB.05.02.98 Children (under 15 years-old) not broken down by sex 3. PB.05.03 Youth (15 – 24 years-old) a) PB.05.03.01 Young men b) PB.05.03.02 Young women c) PB.05.03.98 Youth (15 – 24 years-old age group) not broken down by sex 4. PB.05.98 General population not broken down by age or sex VI. PB.99 Specific Target Populations not mentioned above: target populations not mentioned in any of the categories above.
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Annex No 2 to the National Program for Prevention and Control of HIV / AIDS and STIs for the 2011-2015 period, approved by Government Decision nr.____ of____
The National Plan for Monitoring and Evaluation of the National Programme for Prevention and Control of HIV / AIDS and Sexually Transmitted Infections for the years 2011-2015
Chapter I. General Provisions.
1. The National Monitoring and Evaluation Plan (hereinafter called M&E plan) is an integral part of the Programme and specifies principles and organizational arrangements for monitoring and evaluation. The M&E plan is aligned with the existing policies in various sectors and was developed through a participatory process, based on the findings of the Assessment of functionality of the components of the Monitoring and Evaluation System, as well as on the conclusions and recommendations of the Evaluation of the National Program on Pre- vention and Control of HIV/AIDS/STIs for the years 2006-2010 and on the Response Analysis. 2. The M&E Plan stipulates principles of data collection, aggregation, analysis and use for programme im- plementation, provides information on key indicators, the main data sources, information flow, information products and institutional responsibilities.
Chapter II. Background
3. Based on commitments undertaken by Moldova by endorsing the 2001 Declaration of Commitment and based on the 3 Ones principle coined at the 25th April 2004 Washington Conference, organized by the United Nations Programme on HIV/AIDS (UNAIDS) and the main donors, Moldova fully invested efforts to enhance harmonization of efforts and avoid overlap by developing: a. a single strategic framework The legal framework is represented by the 2007 Law on HIV/AIDS. The National Programme that rep- resents the overarching strategic framework has the goal to maintain the epidemic within the limits of a concentrated epidemic, to reduce vulnerability of the population to HIV/AIDS and STIs, and to minimize their consequences. Programme Objectives are: maintaining HIV/AIDS incidence in the age group 0-39 at 20.0 cases per 100,000 population by 2015, and - a 10% reduction in mortality in 2015 among people living with HIV / AIDS from the total estimated number. b. a single coordination mechanism for managing the national response to HIV/AIDS At the decision-making level, NCC is the coordinating mechanism for oversight of the implementation of national programmes for HIV/AIDS and TB. The NCC consists of three functional levels: decision-making, coordination, and operational level, the latter including a Monitoring and Evaluation group among its techni- cal work groups. The National AIDS Center is the entity at operational level mandated with coordination of Programme implementation and monitoring functions. c. a single national M&E system The monitoring and evaluation of the Programme will be coordinated by the Monitoring and Evaluation Unit of the National AIDS Center, which will work in partnership with the TWG for Monitoring and Evalua- tion of the NCC and institutions specialized in the field. The national set of indicators includes UNGASS and other international reporting indicators, indicators for monitoring grant performance of GFATM, as well as other outcome and process indicators for the National Programme monitoring and evaluation.
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Chapter III. M&E Plan objectives and its elements
4. The goal of the M&E Plan is to guide and coordinate the effective collection, analysis, aggregation and use of data for a dynamic assessment of progress in the national response to HIV/AIDS and for enhanced deci- sion making process. 5. M&E Plan objectives: a. Strengthening the monitoring and evaluation system that will enable the systematic collection, process- ing, analysis and interpretation of data; b. Defining the core list of indicators that will allow monitoring of progress in response to HIV/AIDS and identify data needs for decision making; c. Describe the main data sources used to collect data necessary for monitoring and evaluation; d. Establish a clear information flow; e. Describing roles and responsibilities in monitoring and evaluation; f. Listing the information products and the dissemination mechanisms. 6. The ME Plan was developed based on the fundamental principles of mainstreaming; integration, sim- plicity, action orientation, transparency and accountability. 7. The implementation of the M&E Plan shall yield the following outputs: g. Quality and timely reporting; h. Strengthened monitoring and evaluation system; i. Structured and coordinated flow of routine information; j. Single national data depository developed to integrate the existent reporting systems; k. Strategy for data dissemination developed; l. Capacity-building plan developed; m. Research and Evaluation agenda agreed upon. 8. The organizational framework, approved in 2008 by the global Reference Group for Monitoring and Eval- uation (MERG), provides for 12 functional components for a functional monitoring and evaluation system: a. Organizational structures with HIV M&E functions b. Human capacity for HIV M&E c. Partnerships to plan, coordinate, and manage the HIV M&E system d. National multi-sectoral HIV M&E plan e. Annual costed national HIV M&E work plan f. Advocacy, communications, and culture for HIV M&E g. Routine HIV program monitoring h. Surveys and surveillance i. National and sub-national HIV databases j. Supportive supervision and data auditing k. HIV evaluation and research l. Data dissemination and use 9. The National M&E System has important functions at the central, territorial and service provider levels. The M&E system includes reporting by public institutions and civil society organizations from all sectors in- volved in the implementation of the Programme. 10. Information flows: a) Existing reporting verticals, automated systems (SIME-HIV, SIME STIs, VCT and unique identifier), b) Existing reporting verticals, non-automated systems (reporting based on statistical forms) c) Reporting systems in process of institutionalization (reporting from NGOs) d) Horizontal reporting (intersectoral reporting).
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Chapter IV. National indicators for the HIV infection
11. The indicators for monitoring and evaluation were selected to be: a) in line with the priority objectives established by the National HIV/AIDS Program; b) In line with the priority objectives and HIV and AIDS related indicators of the Moldova NDP & national- ized MDG; c) in line with internationally recommended core indicators in UNGASS; d) In line with core indicators to achieve ‘Universal Access’ to HIV and AIDS interventions; e) In line with the HIV and AIDS related indicators in other key national policies and plans; f) in line with international HIV and AIDS M&E guidelines; and g) realistically measurable at a reasonable cost. 12. Monitoring equity and access to effective prevention, care and treatment, and impact mitigation inter- ventions is reflected in the definition and disaggregation of the respective indicators. The standard categories of disaggregation are: age, sex, location, and region (right bank, left bank).
Chapter V. Data Sources for national indicators.
13. Data sources for programme indicators include: a) for the impact and outcome indicators: surveys and studies, including biomedical and clinical; sentinel surveillance in key populations at risk; behavioral, sociological; b) for the output indicators: administrative statistics/ routine monitoring; c) for some denominators: estimates of incidence and prevalence; estimations of size of key populations at risk, estimated needs for ARV treatment and projections on trends of these estimated ranges. 14. In order to complement existing data sources and to improve understanding of trends and developments in specific public health issues, triangulation of data from multiple sources will be made for data analysis based on empirical observations.
Chapter VI. National data depository (SIDATA)
15. The national data depository is a functional tool to ensure data availability in the strategic planning process and concentrates aggregated data from: a) existing reporting systems among public institutions and intersectoral programme implementers b) the NGO Sector 16. The national data depository integrates data from pre-existing reporting systems and is a unique plat- form of data presentation to avoid double reporting, ensures data transparency, provides for national level validation, and limited editing access to ensure data security. 17. The national data depository provides web access in order to visualize data grouped by strategy/catego- ries/areas of intervention. 18. The national data depository will be located in the National AIDS Centre. Data entry is performed by trained personnel appointed by all mandated public and nongovernmental institutions
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Chapter VII. Data quality
19. The quality criteria for data used in Monitoring and Evaluation include: validity; reliability; timeliness; precision; integrity 20. The M&E TWG will develop a protocol for ensuring data quality, which will institutionalize quality as- surance for key indicators, will consolidate data management systems and will build upon the capacities of the personnel involved in data collection, aggregation and analysis. 21. Supportive supervision will include oversight and directing the performance of subordinated institu- tions and transfer of knowledge, attitudes and skills. Supportive supervision will be carried out rotationally on different samples of service providers and will be used as a mechanism for strengthening local monitoring and evaluation capacities. 22. Data validation will involve internal and external validation mechanisms. Internal Audit will be a regular process, conducted with a certain periodicity. Annual external audits will be conducted for selected indicators in randomly selected locations. Responsibility for data validation within the sectors belongs to line Ministries. Multilateral issues will be managed by the Technical Work Group on ME.
Chapter VIII. Evaluation and research
23. Evaluation and research are components of the comprehensive monitoring and evaluation system. A national process for identifying evaluation/research gaps and for coordinating carrying out evaluation/research shall be conducted to avoid duplication of effort and to enhance dissemination and data use in decision-mak- ing. The adequate planning of studies, research and evaluation will be a prerequisite for adequate funding. 24. The priority fields for epidemiological research include: a) elucidation of the role of injection drug use in HIV infection among pregnant women, female sex workers and MSM; b) determination of the extent to which there is sustained heterosexual or homosexual transmission of HIV in men, unassociated to injecting drug use; c) identifying gendder-associated factors of vulnerability to HIV; d) studying the factors that determine adolescents to engage in behaviors with increased risk of HIV infec- tion; e) describing the referral system and the peer support in providing access to care, the care/treatment experi- ence, and survival after HIV diagnosis; f) a descriptive study of HIV-infected pregnant women.
Chapter IX. Informational Products
25. Informational products shall include: a) Annual Report on the M&E of the response to HIV/AIDS; b) Quarterly reports for the Global Fund to Fight AIDS/TB and Malaria; c) Annual Universal Access report; d) UNGASS biannual report; e) Mid-Term Evaluation and end cycle Evaluation reports
295 Table 1.
296 Indicators for NAP Monitoring and Evaluation IMPACT INDICATORS Definition ac- Denomina- Responsible Reporting Target Indicator Numerator cording to inter- Data sources Disaggregation Baseline tor institution frequency (2015) national guide HIV prevalence (% The number of blood The number UNGASS #22 Epidemiological data/ Disaggregation by National Every 2-3 0.37 0.44 of sample or national samples tested posi- of tested WHO, Routine statistics age group, gender AIDS Center years. estimate) tive as a result of HIV blood sam- II generation and region (right and testing ples epidemiological surveillance left bank), type of residence HIV Prevalence in The number of blood The number UNGASS #23 Epidemiological surveil- Disaggregation by National Every 2-3 IDU 16.4% IDU 20% key populations at samples tested posi- of tested WHO, II genera- lance study with behav- age group and gender AIDS Center years CSW 6.1% CSW 11% risk (IDU, CSW, tive as a result of HIV blood sam- tion epidemio- ioral component MSM 1.7% MSM 5% MSM, and inmates) testing ples logical surveil- (II generation) Inmates 3.5% Inmates lance 3.5% Trafficking in human beings and gender equality in Moldova
HVC Prevalence The number of blood The number UNGASS #23 Epidemiological surveil- Disaggregation by National Every 2-3 IDU 72,8% IDU 63% in key populations samples tested posi- of tested WHO, II genera- lance study with behav- age group and gender AIDS Center years CSW 16% CSW 11% at risk (IDU, CSW, tive as a result of HVC blood sam- tion epidemio- ioral component MSM 3,6% MSM 3% MSM, and inmates) testing ples logical surveil- (II generation) Inmates Inmates lance 15,7% 10,7% HVB Prevalence The number of blood The number UNGASS #23 Epidemiological surveil- Disaggregation by National Every 2-3 IDU 10,9% IDU 5,9% in key populations samples tested posi- of tested WHO, II genera- lance study with behav- age group and gender AIDS Center years CSW 8,5% CSW 4,5% at risk (IDU, CSW, tive as a result of HVB blood sam- tion epidemio- ioral component MSM 5,8% MSM 3,8% MSM, and inmates) testing ples logical surveil- (II generation) Inmates Inmates lance 16,3% 11,3% Syphilis prevalence The number of blood The number UNGASS #23 Epidemiological surveil- Disaggregation by DDVR / Na- Every 2-3 IDU 2,3% IDU in key populations samples tested positive of tested WHO, II genera- lance study with behav- age group and gender tional AIDS years CSW 6,9% 2% at risk (IDU, CSW, as a result of syphilis blood sam- tion epidemio- ioral component Center MSM 12,7% CSW 3,9% MSM, and inmates) testing ples logical surveil- (II generation) In- MSM 7,7% lance mates13,5% Inmates 8,5% HIV prevalence Number of HIV + Number of National indica- Administrative statistics Disaggregation by National Annually 0.29% 0.16% among pregnant cases registered among pregnant tor age group, and region AIDS Center women pregnant women women test- (right and left bank), ed for HIV type of residence % of pregnant wom- Number of new syphi- Total National indica- Administrative statistics Disaggregation by DDVR Annually 0,3% 0,2% en that have syphilis lis cases registered number of tor age group, and region DDVR Tira- pregnant (right and left bank) spol women in the reporting year HIV incidence per Number of new HIV Total num- National indica- Administrative statistics Disaggregation by National Annually 17 per 20 per 100 000 population cases registered ber of popu- tor age group, gender AIDS Center 100000 100000 lation and region (right and left bank), type of residence Number of new gon- Total num- Administrative statistics Disaggregation by 42,7 la 40 la 100000 age group, gender CNMS 100000 Gonorrhea incidence orrhea cases registered ber of popu- lation National indica- DDVR per 100 000 popula- and region (right and Annually tor DDV Tira- tion left bank), type of spol residence Syphilis incidence Number of new syphi- Total num- National indica- Administrative statistics Disaggregation by National Annual 69,5 to 60 to 100000 per 100 000 popula- lis cases registered ber of popu- tor age group, gender Centre for 100000 tion lation and region (right and Health Man- agement left bank), type of residence % adults and chil- Number of people in Number of UNGASS indica- Administrative statistics Disaggregation by National Annual 12months 12months dren with HIV who ARV treatment who adults and tor # 24/ Univer- age group, gender AIDS Centre 88.26% 88.26% receive ARV treat- reached 12, 24, 36, 48 children who sal Access and region (right 24months 24months # G3a-e, EURO and left bank), type 88% 88% ment 12 , 24, 36, and 60 months after its have initi- 36months 36months 48, 60 months after initiation. ated ARV of residence of resi- 72% 85% initiation treatment in dence, IDU group. 48months 48months the cohort 79% 80% for 12 , 24, 60months 60months 36, 48 and 57% 70% 60 months from initia- tion Incidence of mortal- Number AIDS as- Estimated National indica- Administrative statis- Disaggregation by National Annual 9.6 8.6 ity AIDS associated sociated deaths in the number of tor tics/estimations and age group, gender Centre for per 100 000 popula- reporting year PLHIV projections and region (right and Health Man- tion lefts banks), type of agement residence, cause of death
297 Updated normative acts Rate of vertical HIV SPECTRUM estimated SPECTRUM UNGASS Indica- Estimates/forecasts/ - National Annual 2% 2%
298 infection number of new HIV estimated tor # 25/National Administrative statistics, AIDS Centre cases in children / number of indicator cohort analysis by year Number of HIV posi- HIV positive of birth tive children born by pregnant HIV positive moth- women/ ers from the annual Number cohort. of children born from HIV posi- tive mothers from the an- nual cohort
3.1. PREVENTION 3.1.1. General population Result indicators Trafficking in human beings and gender equality in Moldova
% of youth aged Number of Number of UNGASS 13 Population based survey Disaggregation by National Every 2-3 40.8% 75% 15-24 that correctly respondents respondents Indicator age group, type of AIDS Centre years. identify the modes aged 15-24 who aged 15-24 residence and gender of HIV transmission correctly answered and reject major all key questions misconceptions on HIV transmission % of the general Number of Number of National Population based survey Disaggregation by National Every 2-3 30.6% 50% population aged respondents respondents indicator age group, type of AIDS Centre years. 15-49 that correctly aged 15–49 that aged 15 - 49 residence and gender identify the modes correctly identify of HIV transmission the modes of and reject major HIV transmission misconceptions on and reject major HIV transmission misconceptions on HIV transmission % of women and men Number of Number UNGASS 16 Population based survey Disaggregation by National Every 2-3 9.8% 8.5% (15% aged 15 - 49 that had respondents aged of study Indicator age group, type of AIDS Center years (17.9% men men and 2% sexual intercourse 15 - 49 that had respondents residence and gender and 1.8% women) with more than one sexual intercourse aged 15 - 49 women) partner in the last 12 with more than one months partner in the last 12 months % of women and Number of Number UNGASS 17 Population based survey Disaggregation by National Every 2-3 68% 70% men aged 15 - 49 that respondents aged of study indicator age group, type of AIDS Centre years. had more than one 15 - 49 that had respondents residence and gender partner in the last 12 more than one aged 15 - 49 months and had used partner in the last that had more a condom during last 12 months and had than one sexual sexual intercourse used a condom partner in the during last sexual last 12 months. intercourse % of young women The number of Number of UNGASS Population based survey Disaggregation by National Every 2-3 6.7% 6% and men aged 15 respondents aged respondents Indicator 15 age group, type of AIDS Center years – 24 15-24 who related aged 15-24 residence and gender who have had sexual that they had their intercourse before first sex before the the age of 15 age of 15. % of young women Number of young Number of National Population based survey Disaggregation by National Every 2-3 53.6 70 % and men aged 15 – 24 women and men respondents indicator age group, type of AIDS Center years who used a condom aged 15 – 24 who aged 15-24 who residence and gender at first sex used a condom at ever had sex first sex
% of women and Number of Number of all UNGASS Population based survey Disaggregation by National Every 2-3 13.2% 13% men aged 15-49 who respondents aged respondents Indicator 7 age group, type of AIDS Center years received 15–49 who have aged 15–49 residence and gender an HIV test in the been tested for last 12 months and HIV during the who know their last 12 results months and who know the result of the last test % of HIV positive Number of Number of National Administrative statistics National Annually 81.9% 90% pregnant women HIV positive officially Indicator; AIDS Center who pregnant women registered UNGASS received ARV drugs who received HIV positive indicator 5 to reduce the risk antiretroviral drugs pregnant of mother to child to reduce the women. transmission risk of mother to child transmission in the last 12 months
299 Updated normative acts % of children born to Number of Number of National Administrative statistics - National Annually 84% 90%
300 HIV positive women children born children born indicator AIDS Center who were tested for to HIV positive to HIV positive HIV in the first 2 women who were women months tested for HIV in the first 2 months. % of children born to Number of Number of National Administrative statistics - National Annually 97.5% 97.5% HIV positive women children born children born indicator AIDS Center who received formula to HIV positive to HIV positive milk women who women received formula milk
Output and process indicators % of donated blood units screened for Number of donated blood units Number of UNGASS Administrative Disaggregation by region National Blood Annually HIV in a quality assured manner screened for HIV in a quality assured donated blood Indica- statistics (right and lefts banks), Transfusion manner units tor 3 Center Number of the general population Number of re- Disaggregation by age National AIDS % of the general population aged 15 Trafficking in human beings and gender equality in Moldova
aged 15 – 49 that benefitted of IEC spondents aged National Population based group, type of residence Center Every 2-3 – 49 that benefitted of IEC materials materials package throughout the last de 15 – 49 indicator survey and gender years package throughout the last year year Number of the general population Number of re- Disaggregation by age National AIDS % of the general population aged 15 – aged 15 – 49 that benefitted of free spondents aged National Population based Center Every 2-3 group, type of residence 49 that benefitted of free condoms condoms de 15 – 49 indicator survey years and gender Number of VCT cabinets that provide Number of VCT Administrative % VCT cabinets that provide quality National National AIDS quality services to the general popula- cabinets assessed statistics - Annually services to the general population indicator Center tion % of schools offering Life Skills Based No of schools where 30 or more Total number of Indicator Survey in schools Disaggregation by region Ministry of Annually Education in the last school year hours of HIV prevention were taught schools in the UNGASS and type of residence Education throughout the previous academic sample 11 year for each grade % students covered with HIV preven- Number of students covered with Number of re- National Survey in schools Disaggregation by region Ministry of Annually tion education HIV prevention education spondents indicator and type of residence Education Number of STI patients that received Number of STI Administrative Disaggregation by region % of STI patients that received treat- treatment according to national stan- patients with National statistics and type of residence IMSP DDVR Annually ment according to national standards dards STI diagnoses indicator confirmed Number of institutions where PEP Total number UNGASS Disaggregation by region Representative % of institutions where PEP kits are kits are available of institutions Addition- and type of residence National AIDS survey in medical Annually available included in the al Indica- Center institutions sample tor #1 3.1.2. Key populations at risk (IDU, CSW, MSM) Result indicators Indicator Numerator Denomina- Definition ac- Data sources Disaggregation Responsible Reporting Baseline Target tor cording to inter- institution frequency (2015) national guide % IDU, CSW, MSM Number of respon- Total num- Indicator UN- Epidemiological sur- Disaggregation by National Every 2-3 IDU-64,9% IDU -70% that correctly iden- dents who correctly ber of re- GASS 14 veillance study with age group and gen- AIDS Center years CSW – 28.7% CSW – tify the modes of answered all key ques- spondents behavioral component der MSM- 34,2% 50% MSM- HIV transmission (II generation) 50% tions and reject major mis- conceptions on HIV transmission % of injecting drug Number of injecting Total num- UNGASS Indi- Epidemiological sur- Disaggregation by National Every 2-3 99.3% 99% users reporting the drug users report- ber of re- cator 21 veillance study with age group and gen- AIDS Center years use of sterile inject- ing the use of sterile spondents behavioral component der ing equipment (have injecting equipment (II generation) not engaged in both (have not engaged in direct and indirect both direct and indi- sharing)the last time rect sharing)the last they injected time they injected % of injecting drug Number of injecting Number of National indica- Epidemiological sur- Disaggregation by National Every 2-3 33% 50% users reporting the drug users report- respondents tor veillance study with age group and gen- AIDS Center years use of sterile inject- ing the use of sterile who in- behavioral component der ing equipment (have injecting equipment jected drugs (II generation) not engaged in both (have not engaged in throughout direct and indirect both direct and indi- the last sharing) throughout rect sharing) through- month the last month out the last month % of injecting drug Number of respon- The number UNGASS Indi- Epidemiological sur- Disaggregation by National Every 2-3 35.6% 55% users reporting the dents, who injected of respon- cator 20 veillance study with age group and gen- AIDS Center years use of drugs during the last dents, who behavioral component der a condom the last month, had sexual injected (II generation) time they had sexual intercourse during the drugs dur- intercourse last month and used ing the last a condom during the month and last sexual intercourse had sexual intercourse during the last month
301 Updated normative acts % of injecting drug Number of respon- The number National indica- Epidemiological sur- Disaggregation by National Every 2-3 17,8% 40%
302 users reporting con- dents, who injected of respon- tor veillance study with age group and gen- AIDS Center years sistent use of drugs during the last dents, who behavioral component der condoms throughout month, had sexual injected (II generation) last month intercourse during the drugs dur- last month and used ing the last condoms consistently month and had sexual intercourse during the last month % of IDU reached Number of IDUs re- Total num-UNGASS Indi- Epidemiological sur- Disaggregation by National Every 2-3 7.4% 60% with spondents who stated ber of re-cator 9 veillance study with age group and gen- AIDS Center years HIV prevention pro- they know where to spondents behavioral component der grammes in the last get an HIV test and (II generation) 12 months who received during the last 12 months free of charge needles/syring- es and condoms. Trafficking in human beings and gender equality in Moldova
% of female sex Number of respon- Total num- UNGASS Indi- Epidemiological sur- Disaggregation by National Every 2-3 90.8% 90% workers reporting dents who used a con- ber of re- cator 18 veillance study with age group AIDS Center years the use of a condom dom during their last spondents behavioral component with their most re- commercial sexual (II generation) cent client intercourse % of female sex Number of respon- Number of National indica- Epidemiological sur- Disaggregation by National Every 2-3 60,8% 75% workers consistently dents who used a respondents tor veillance study with age group AIDS Center years using condoms dur- condom consistently who had sex- behavioral component ing commercial during commercial ual contacts (II generation) sex throughout last sex throughout last throughout month month the last month % CSW reached with Number of respon- Total num- UNGASS Indi- Epidemiological sur- Disaggregation by National Every 2-3 15.3% 60% HIV prevention pro- dents who said they ber of re- cator 9 veillance study with age group AIDS Center years grammes in the last know where to get spondents behavioral component 12 months an HIV test and who (II generation) received free of charge condoms during the last 12 months % MSM reporting Number of MSM Total num- UNGASS Indi- Epidemiological sur- Disaggregation by National Every 2-3 61,9% 75% the use of a condom reporting the use of ber of re- cator 19 veillance study with age group AIDS Center years at last anal sex a condom at last anal spondents behavioral component sex (II generation) % MSM consistently Number of MSM Total num- National indica- Epidemiological sur- Disaggregation by National Every 2-3 43,4% 50% using condoms dur- consistently using ber of re- tor veillance study with age group AIDS Center years ing anal sex through- condoms during anal spondents behavioral component out last month sex throughout last (II generation) month % MSM reached with Number of respon- Total num- UNGASS Indi- Epidemiological sur- Disaggregation by National Every 2-3 25% 60% HIV prevention pro- dents who said they ber of re- cator 9 veillance study with age group AIDS Center years grammes in the last know where to get spondents behavioral component 12 months an HIV test and who (II generation) received free of charge con- doms during the last 12 months
Output and process indicators % of IDUs who received an HIV test Number of IDUs respondents who Total number of UNGASS Epidemiological Disaggregation by age National AIDS Every 2-3 in the last 12 months and who know have been tested for HIV during the respondents Indica- surveillance study group and gender Center years their results last 12 months and who know the tor 8 with behavioral results component (II generation) Number of VCT cabinets that provid- Number of VCT Representative Disaggregation by National AIDS % VCT cabinets that provided quality National ed quality services to IDU cabinets assessed survey of VCT region (right and left Center Annually services to IDU indicator cabinets bank) % CSW who received an HIV test Number of respondents who have Total number of UNGASS Epidemiological Disaggregation by age National AIDS Every 2-3 in the last 12 months and who know been tested for HIV during the last 12 respondents Indica- surveillance study group Center years their results months and who know the results tor 8 with behavioral component (II generation) % VCT cabinets that provided quality Number of VCT cabinets that pro- Number of VCT National Representative Disaggregation by National AIDS Annually services to CSW vided quality services to CSW cabinets assessed indicator survey of VCT region (right and left Center cabinets bank) % MSM who received an HIV test Number of respondents who have Total number of UNGASS Epidemiological Disaggregation by age National AIDS Every 2-3 in the last 12 months and who know been tested for HIV during the last 12 respondents Indica- surveillance study group Center years their results months and who know the results tor 8 with behavioral component (II generation) % VCT cabinets that provided quality Number of VCT cabinets that pro- Number of VCT National Representative Disaggregation by National AIDS Annually services to MSM vided quality services to MSM cabinets assessed indicator survey of VCT region (right and left Center cabinets bank)
303 Updated normative acts % MARPs diagnosed with syphilis Number of MARPs diagnosed with Total number National Administrative Disaggregation by IMSP DDVR Annually
304 that received treatment according to syphilis that received treatment ac- of MARPs di- indicator statistics region (right and left national standards cording to national standards agnosed with bank), target group, syphilis gender and age group % MARPs diagnosed with gonorrhea Number of MARPs diagnosed with Total number National Administrative Disaggregation by IMSP DDVR Annually that received treatment according to gonorrhea that received treatment ac- of MARPs di- indicator statistics region (right and left national standards cording to national standards agnosed with bank), target group, gonorrhea gender and age group
3.2 Treatment and medical care Result indicators
Indicator Numerator Denomina- Definition Data sources Disaggregation Responsible Reporting Baseline Target tor according to institution frequency (2015) international guide % adults and chil- Number of adults and Estimated UNGASS Indi- Administrative statis- Disaggregation by age National Annually 34.6% 80% dren with advanced children with advanced number of cator 4 tics/SPECTRUM group, gender and AIDS Center Trafficking in human beings and gender equality in Moldova
HIV infection re- HIV infection who are adults and region (right and left ceiving antiretroviral currently receiving children therapy with ad- bank) ART in accordance with the nationally vanced HIV approved treatment infection protocol at the end of that require the reporting period ARV treatment for the reporting period % estimated HIV Number of people with Number new UNGASS Indi- Administrative statistics Disaggregation by age National Annually 38.7% 60% positive incident TB advanced HIV infec- TB cases cator 6 group, gender and AIDS Center cases tion who have received that are HIV region (right and left that received treat- ART in positive, ment for TB and accordance with the according to bank) HIV nationally approved the SIME TB treatment protocol database and who were started on TB treatment (new TB cases) in accor- dance with national TB programme guidelines within the reporting year Output and process indicators % adults and children with HIN en- Number of adults and children with HIV+ children Uni- Administrative Disaggregation by National AIDS Annually rolled in HIV care HIV, seen at the HIV clinics at least and adults alive versal statistics region (right and left Center once in the reporting year Access bank), gender, age Indicator group, probable mode Euro 2 of transmission % PLHIV in HIV care that had at least Number of PLHIV in HIV care that HIV+ children Uni- Administrative Disaggregation by National AIDS Annually a CD4 test in the last 12 months had at least a CD4 test in the last 12 and adults alive versal statistics region (right and left Center months Access bank), gender, age Indicator group, probable mode Euro 2 of transmission % PLHIV in HIV care that had at least Number of PLHIV in HIV care that HIV+ children Uni- Administrative Disaggregation by National AIDS Annually a ARN test in the last 12 months had at least a ARN test in the last 12 and adults alive versal statistics region (right and left Center months Access bank), gender, age Indicator group, probable mode Euro 2 of transmission
% PLHIV that have undergone TB Number of PLHIV that have un- HIV+ children National Administrative Disaggregation by National AIDS Annually screening in the last 12 months dergone TB screening in the last 12 and adults alive indicator statistics region (right and left Center months bank), gender, age group, probable mode of transmission % of health facilities that dispense Number of health facilities that dis- Number of health Ad- Administrative Disaggregation by National AIDS Annually ART that experienced stock out of at pense ART that experienced stock facilities that dis- ditional statistics region (right and left Center least one drug in the last 12 months out of at least one drug in the last 12 pense ART UN- bank) months GASS Indicator
3.3 Mitigation Result indicators Indicator Numerator Denomina- Definition Data sources Disaggregation Responsible Reporting Baseline Target tor according to institution frequency (2015) international guide % adults and chil- Number of adults and Number of National indica- Survey/ Administrative Disaggregation by MLSPF Every 2-3 --- 10% dren with HIV that children with HIV adults and tor statistics region (right and years /an- received social sup- that received social children left bank), gender, nually port throughout the support throughout with HIV age group, probable last year the last year interviewed mode of transmis- / Number of sion adults and children with HIV
305 Updated normative acts registered
306 and eligible for social support throughout the last 12 months % adults and chil- Number of adults Number of National indica- Survey/ Administrative Disaggregation by National Every 2-3 --- 10% dren with HIV that and children with adults and tor statistics region (right and AIDS Center years /an- received psycho-so- HIV that received children left bank), gender, nually cial support through- psycho-social support with HIV age group, probable out the last year throughout the last interviewed mode of transmis- year / Number of sion adults and children with HIV regis- tered and eligible for psycho-so- cial support Trafficking in human beings and gender equality in Moldova
throughout the last 12 months % adults and chil- Number of adults and Number of National indica- Survey/ Administrative Disaggregation by National Every 2-3 0% 10% dren with HIV children with HIV adults and tor statistics region (right and AIDS Center years /an- covered with case covered with case children left bank), gender, nually management management with HIV age group, probable interviewed mode of transmis- / Number of sion adults and children with HIV regis- tered and eli- gible for case management throughout the last 12 months 3.4 Coordination and management Result indicators Definition ac- Responsible Reporting Base- Target Indicator Definition cording to inter- Data source Disaggregation institution frequency line (2015) national guide National com- 18 20 Measurement tool for National UNGASS Indica- Key informants External evalu- posite policy - Annually composite policy index tor # 2 interviews ation index
Output and process indicators
% of public resources in the HIV/ UNGASS In- NASA Methodology Ministry of Health Annually AIDS expenditures dicator # 1 Entity for coordination of imple- - - - Check list - NCC Secretariat Annually mentation of the national response is mandated through the normative framework, and is fully exercising its functions in multisectorial coordina- tion of implementation M&E Unit is mandated through the - - - Check list - Secretariat CNC Annually normative framework, and is fully ex- ercising its functions in multisectorial coordination of implementation % meetings of the NCC held out of Number of NCC Number of - Administrative sta- Secretariat CNC Once per meetings planned meetings held NCC meetings tistics semester planned % M&E reports produced out of re- Number of M&E Number of - Administrative sta- - National AIDS Cen- Annually ports planned reports produced M&E reports tistics ter planned % TWG meetings held out of TWG Number of TWG Number of - Administrative sta- Dissaggregtion by TWG Secretariat CNC Once per meetings planned, per each TWG meetings held TWG meetings tistics semester planned % surveys/research carried out of Number of sur- Number of sur- - Administrative sta- - National AIDS Cen- Annually those planned veys/research veys/research tistics ter carried out planned
307 Updated normative acts 308 Table 2. Roles of institutions responsible for monitoring and evaluation of the Programme Frequency of Mandated institution Comments reporting PREVENTION National Centre for Public Health Every six months Data from territorial Public Health Centres, aggregated, validated and inserted in SIDATA National AIDS Center Quarterly Aggregated data inserted in SIDATA. Validation of data per programme sector Ministry of Education Annually Data from educational institutions and NGOs, aggregated, validated and inserted in SIDATA Ministry of Youth and Sports Annually Data from local public administration on activities carried out by youth specialists and NGOs, aggre- gated and inserted in SIDATA Public Health Institutions at district level (VCT) Quarterly Data per counseling sessions entered in the automated VCT system Public Health Institutions at district level / DDVR at national Quarterly Data per case diagnosed, aggregated and entered in the automated SIME- ITS system with personal level (STI) information coded, at a DDVR level. Validation and entering in SIDATA NGO umbrella networks Quarterly Data from NGOs and public institutions acting as implementers, aggregated, validated and entered in SIDATA "National Youth Resource Centre " NGO Quarterly Data from local and district level youth resource centres and local peer educators teams, aggregated Trafficking in human beings and gender equality in Moldova
and entered in SIDATA. Validation shall be carried out by MYS Department of Penitentiary Institutions (HR and VCT) Quarterly Aggregated, validated data entered in SIDATA Republican Narcological Dispensary Quarterly Data aggregated from territorial narcological services, validates and entered in SIDATA AIDS Centre Tiraspol Quarterly Data aggregated for the region National Blood Transfusion Centre Quarterly Data aggregated, validated and entered in SIDATA “Neovita” Youth Friendly Health Centre Quarterly Data aggregated from district YFHS, validated and entered in SIDATA The National Centre for Reproductive Health and Medical Every six months Data aggregated from district reproductive health offices Genetics Trade unions and private sector Every six months Data reported to MLSP, responsible for the aggregation and entering into SIDATA NGO Quarterly Data reported to the respective umbrella network responsible for the aggregation and entering into SIDATA Religious sector Quarterly Data reported to the respective umbrella network responsible for the aggregation and entering into SIDATA
Donors Every six months Information by types of assistance and implementers TREATMENT AND CARE Regional Centres of ARV treatment Quarterly Clinic case management; coded data entered into SIME-HIV Clinical Republican Infectious Disease Hospital „Toma Ciorbă" Quarterly Aggregated data on ARV treatment coming from SIME-HIV, entered into SIDATA. Administrative (ARV and palliative inpatient treatment) data on inpatient palliative care entered into SIDATA. The National AIDS Centre is responsible for validation. AIDS Center Tiraspol (treatment) Quarterly Data from Infectious Diseases doctors aggregated NGO Quarterly Data on palliative care services provided by social centres and NGOs entered in SIDATA. Validation by NGO umbrella networks MITIGATION AND SOCIAL SUPPORT Ministry of Labour, Social Protection and Family Every six months Data from affiliated institutions (non-automated and automated verticals) and NGOs, aggregated, validated and entered into SIDATA Republican Council for Medical expertise of Vitality Every six months Data aggregated in the informational software on people infected and affected by HIV beneficiaries of the social protection system Republican fund for social support of the population Every six months Data aggregated in the informational software on people infected and affected by HIV beneficiaries of the social protection system National House for Social Insurance Every six months Data aggregated in the informational software on people infected and affected by HIV beneficiaries of the social protection system ENABLING ENVIRONMENT NCC secretariat Quarterly Aggregated data, entered in SIDATA. Validation-National AIDS Centre Networks secretariat Quarterly Aggregated data, entered in SIDATA. Validation-National AIDS Centre NGO Quarterly Data submitted to NGO networks or directly entered in SIDATA National AIDS Centre Quarterly Data on the implementation of the NAP, coordination, M&E system strengthening, entered in SI- DATA
309 Updated normative acts Trafficking in human beings and gender equality in Moldova
30. DECISION on approving Minimum Quality Standards for social services rendered to victims of family violence No.1200 of 23.12.2010 Official Monitor No. 259-263/1320 of 31.12.2010
*** With a view to implementing Article 12 par.(2) let.b) of the Law on social assistance No.547-XV of 25 De- cember 2003 (Official Monitor of the Republic of Moldova, 2004, No.42-44, art.249), with subsequent amend- ments and addenda, as well as Article 10 par.(9) of the Law No.45-XVI of 1 March 2007 on the prevention and combating of family violence (Official Monitor of the Republic of Moldova, 2008, No.55-56, art.178), with subsequent amendments and addenda, the Government
DECIDES:
1. To approve Minimum Quality Standards for social services rendered to victims of family violence (at- tached). 2. The Minimum Quality Standards for social services rendered to victims of family violence shall be imple- mented by social service suppliers within the limits of allotments provided in the respective budgets, as well as based on funds from donations, grants, other sources, in accordance with effective legislation. 3. The Ministry of Labor, Social Protection and Family is tasked with verifying the execution of this deci- sion.
PRIME MINISTER Vladimir FILAT
Countersigned: Minister of labor, social protection and family Valentina Buliga Minister of finances Veaceslav Negruta
Chisinau, 23 December 2010. Nr.1200.
310 Updated normative acts
Approved by Government Decision No.1200 of 23 December 2010
MINIMUM QUALITY STANDARDS for social services rendered to victims of family violence
Section 1 General provisions
1. In the meaning of these Minimum Quality Standards for social services rendered to victims of family violence (hereinafter – Minimum Standards), terms used are defined as follows: service beneficiary – beneficiaries of services offered by the Center are victims of family violence: women, men and mother-child/children, father-child/children couples; crisis situation – the aggregate of psycho-social and physical circumstances that pose an imminent danger to the life and physiologic and psycho-social integrity of a person and require emergency intervention; individualized assistance plan – document establishing short-, medium- and long-term objectives, speci- fying the methods of intervention and support for the victims of family violence, through which are accom- plished appropriate case-specific activities and services. 2. The Center offers free-of-charge specialized social services to the beneficiaries and addresses the specific and real needs of each assisted person: a) ensures receipt, protection and accommodation of the victims of family violence; b) ensures personal hygiene services; c) offers legal, social, psycho-social and emergency medical assistance; d) offers informational support for securing a dwelling, a preschool or pre-university institution; e) offers informal training aimed at mastering knowledge and creating necessary skills for social integration; f) promotes the socialization and development of community and/or family relations; g) facilitates access and informs beneficiaries about the social protection system; h) develops, jointly with the beneficiary, the individualized assistance plan against any form of intimidation, discrimination, abuse and exploitation; i) supports the parent-child/children couple with a view to developing autonomy that would favor the cou- ple’s reintegration into the family and/or community; j) monitors the beneficiaries’ post-integration situation within the family and community. 3. Services offered within the Center reflect the provisions of the UN Convention on eliminating all forms of discrimination against women, ratified by Parliament Decision No.87-XIII of 28 April 1994, as well as other human rights conventions, to which the Republic of Moldova is a party. 4. Rights of every beneficiary are recognized, respected and promoted. 5. The Center’s case-coordinating social assistant shall develop for each beneficiary an individualized as- sistance plan, based on which good-quality services shall be rendered. 6. The Center personnel shall ensure partnership relations with the beneficiaries, based on sincerity, hon- esty and positive attitude. 7. Beneficiaries’ rights to privacy shall be strictly observed. 8. Data on Center’s beneficiaries are confidential.
Social service-rendering principles within the Center – Standard I
9. The aim of Center’s activity stems from the fundamental principles that determine various aspects of its functioning. The principles are as follows:
311 Trafficking in human beings and gender equality in Moldova
a) respect for and promotion of the rights, interests and dignity of assisted persons – the adoption of a clear-cut policy of condemning family violence in all its forms. Victims addressing the Center must not bring evidence of violence they have been subject to. It is important that victims are trusted and treated without prejudice; b) ensuring access to good quality services – professionalism is a condition precedent for full-fledged imple- mentation of the principles. The staff must be adequately trained. There shall be developed according provi- sions for the continuous training of staff. The number of employees must correlate with the number of benefi- ciaries, in order to offer them the necessary support and services. In rendering the services, the Center’s staff shall be assisted by volunteers. Financial resources must be managed in an economical and efficient manner. Services rendered by the Center shall be subject to quality inspections; c) nondiscrimination – the Center must be open for all victims, regardless of race, color, sex, religion, public opinion, nationality, ethnic or social origin, civil status, disability, HIV status etc.; d) ensuring confidentiality and professional ethics – in order to protect beneficiaries’ rights and integrity, such must be entitled to decide what information may be disclosed. Hence, no information should be commu- nicated externally by the Center personnel without beneficiary’s consent. An exception applies to cases where the life and health of the beneficiary are in danger (e.g. suicide attempts, immediate danger from a violent parent or child abuse by beneficiary). The beneficiaries should also be entitled to receiving counseling and sup- port, without disclosing their identity; e) respect for the opinion of the assisted person (adult or child) – it is important to respect the beneficiary’s right to decide on his life. Line specialists should not pressure the beneficiary in making such decisions. It is important that the victim realizes that only he/she may decide and its decision will be respected. The aim of the intervention is to end violence and not the relationship; f) interdisciplinary and multidisciplinary approach – protection and assistance within the Center is accom- plished by a professional team, with shared tasks and responsibilities. Cases are dealt with by means of referral procedures, based on a multidisciplinary approach and with the involvement of specialists outside the Center, if the case; g) openness to community – this refers to the relation with the public by means of awareness-raising cam- paigns, aimed at creating and influencing the public discourse, communicating perception of family violence and the existence of centers. Family violence continues to be a taboo subject in many countries and, therefore, informational campaigns initiated and managed by the centers have an important part in promoting human rights and an educational impact in respect of nonviolent behavior. 10. The Center collaborates with local public administration authorities from the territorial-administrative unit where it operates, as well as with the Ministry of Labor, Social Protection and Family, supplying them with information on its activity, both periodically and upon request, but not less than once a year. 11. The founder approves the Interior Organization and Operation Regulation, based on the Framework regulation on the organization and operation of centers for the rehabilitation of victims of family violence, approved by Government Decision No. 129 of 22 February 2010, which provides the objectives, activities and supplied services, the internal layout of the Center’s premises, the rights and responsibilities of employees and beneficiaries, human resources and Center management. 12. Center management ensures the acquaintance of Center staff and beneficiaries with the provisions of the Organization and Operation Regulation. 13. The layout of premises and the organization of Center’s activities are based on the family model.
Internal arrangement and facilities – Standard II
14. In order to guarantee the safety and security of the beneficiaries, the Center’s whereabouts shall not be known to the general public. Existing centers, whose location is known at the date when these Standards take effect, shall continue to operate. 15. The Center shall be located in settlements that may be accessed by transport, allow the organization of outside activities and provide access to various community services: social, legal, medical, educational, profes- sional, cultural, leisure etc. 16. The Center operates in accordance with effective rules and norms, approved by the Ministry of Healthcare.
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17. The Center may be located in its own building or in buildings of social institutions. Using basement premises, premises without daylight illumination or damp premises as location is prohibited. 18. The Center should have premises for training and education, compliant with effective sanitary norms. 19. The Center must be equipped with water piping, sewerage, heating, electricity, natural gas (as the case may be), ventilation system and daylight illumination, and must hold an operating authorization as provided by law.
Center Beneficiaries – Standard III
20. The Center shall be organized in accordance with the specific needs of the beneficiaries, shall establish specialized services for the protection and assistance of the victims of family violence, and shall be constituted based on the criterion of beneficiaries’ sex (centers for women and centers for men). 21. Center’s beneficiaries are: a) women-victims of family violence; b) men-victims of family violence; c) mother-child couples, victims of family violence; d) father-child couples, victims of family violence.
Section 2 Admission and placement in the Center.
Beneficiary’s admission to the Center – Standard IV
22. Admission of the victims of family violence to the Center is performed based on the principle of non- discrimination. 23. Center admission procedure: a) admission to the Centre is accomplished upon submittal of the beneficiary’s personal file by the territo- rial social assistance body and the body of interior. Beneficiary’s referral by other local public administration authorities and competent institutions is also allowed; b) in emergency cases beneficiaries shall be accepted at any time. 24. When cases of family violence are notified, centers shall work together with territorial police bodies, in accordance with effective legislation. 25. Where a parent-child/children couple is admitted, the Center’s manager is bound to immediately notify the territorial guardianship authority. 26. Placement of persons with infections in active forms (tuberculosis, malaria, contagious intestinal dis- eases and other contagious diseases) that can endanger the health of beneficiaries and center personnel is prohibited. 27. Fugitives or persons wanted by law enforcement bodies in connection with committing criminal deeds shall not be admitted to the Center. 28. Persons in a state of alcoholic or narcotic inebriation shall not be admitted to the Center. Persons, who, during their stay in the Center, consume narcotic substances and alcoholic beverages, shall be denied assistance. 29. Persons with physical or mental disabilities shall be admitted to the Center at the decision of the coor- dinator and of the Center manager, only after a preliminary evaluation and only if existing conditions fit the specific care needs. 30. Service beneficiaries shall be informed about their rights and obligations during their entire stay. 31. Upon being admitted to the Center the beneficiary shall enter into a residence contract (as provided in Annex No.1 to these Standards) with the Center management. 32. The contract shall be executed between the representative of the Center management and the benefi- ciary, at the moment of beneficiary’s admission to the Center, in accordance with the model of the residence contract. Center management shall develop its own residence contract, based on the annexed model residence contract and in compliance with the principle of parties’ contractual freedom.
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33. Beneficiary’s complex evaluation is performed by the appointed case coordinator, jointly with the com- munity social assistant. The individualized assistance plan shall be reviewed monthly or as often as necessary, in order to adjust it to newly-arisen social needs. 34. A file shall be kept on each Center beneficiary, which shall comprise personal, family, education data, the medical file, other documents necessary and useful for each particular case, a social questionnaire empha- sizing the causes of the social risk situation, the individualized assistance plan. 35. Upon admitting a beneficiary to the Center, the coordinator shall fill in the primary case registration form (as shown in Annex No.2 to these Standards).
Beneficiary’s placement into the Center – Standard V
36. The Center provides to the beneficiaries temporary placement and specialized assistance. 37. During beneficiary’s placement, specialized assistance shall include the range of services specified in Section 8 of the Framework regulation on the organization and operation of centers for the rehabilitation of victims of family violence, approved by Government Decision No. 129 of 22 February 2010. 38. Beneficiary’s assistance is rendered based on the individualized assistance plan, which establishes the methods of intervention and support for the victim of family violence, and identifies case-specific activities and services. 39. Beneficiary’s placement in the Center includes: a) starting and updating beneficiary’s file by the case coordinator in partnership with the territorial social assistance body; b) complex evaluation of beneficiary’s needs; c) development of the individualized assistance plan by the case coordinator, with direct beneficiary’s par- ticipation, within 15 days as of beneficiary’s admission into the Center (pursuant to the document “Case Man- agement – Social Assistant’s Guide”, approved by order of the Ministry of labor, social protection and family No.71 of 3 October 2008, Annex No.4); d) review of the individualized assistance plan on a monthly basis or as necessary, in order to adjust it to newly-arisen social needs; e) including inyo the plan intervention domains, specific activities and terms of accomplishment; f) coordinating all specialist activities by case coordinator and recording case development at least every two weeks, based on specialist reports; g) monthly reevaluation of the individualized assistance plan by the case coordinator, jointly with the com- munity social assistant, and monitoring the efficiency of planned activities; recording reevaluation conclusions in the beneficiary’s file; h) familiarizing the beneficiary with the results of reevaluation of the individualized assistance plan.
Section 3 Types of services rendered within the Center.
Placement services within the Center – Standard VI
40. Within the Center the beneficiary is ensured with safe living conditions, corresponding to his/her needs. 41. Upon the victim’s written request, he/she shall be ensured protection against aggressors. 42. Dormitories must comply with the following requirements: a) beneficiaries shall be placed in common rooms or, in the case of a parent-child/children couple – in in- dividual rooms, equipped in accordance with the adult’s and child’s needs: furniture, bed for the adult, cot for the child, bedside table, wardrobe, chair; b) common rooms shall have maximum 3 places, with at least 6 m2 space reserved for each person; rooms for parent-child/children couples shall have maximum 4 places and an area of at least 20 m2; c) the beneficiary shall contribute to the arrangement of the room by individualizing it;
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d) sockets, windows, staircases etc. shall be protected to prevent accidents; e) bed linen shall be changed as necessary, but at least once every 7 days; f) rooms shall be maintained in an appropriately clean and hygienic state; daily cleaning is ensured by the beneficiary. 43. The Center is a place where beneficiaries have similar past experiences. Common spaces are destined for spending free time, organizing various activities and sharing past experiences: a) the space shall be equipped with furniture for rest, socializing and thematic group discussions (arm- chairs, chairs, coffee table, educational materials, audio/video devices etc.); b) the Center shall also ensure space for the free time of the parent-child/children couple. 44. The Center shall have an appropriately furnished visiting room. 45. Sanitary arrangements shall comply with the following requirements: a) the Center shall have separate lavatories for personnel, beneficiaries and visitors; b) number of lavatories shall be established depending on the number of beneficiaries (in a relation of 1 to 4); c) the Center shall have special place for keeping sanitary and hygienic materials, which shall be inaccessible to children, and a laundry for clothes, bed linen and underwear; d) the laundry shall be equipped with automatic washing machines and dryers, irons and ironing-boards; e) each beneficiary shall wash its own linen; f) sanitary arrangements shall be permanently ensured with hot and cold water and shall allow for respect- ing beneficiaries’ privacy; g) sanitary arrangements shall be cleaned on a daily basis by the maintenance staff. 46. The isolator shall comply with the following requirements: a) the Center shall have special premises, equipped as an isolator, in order to avoid eventual contamination risks among the beneficiaries; b) the isolator must be located on the ground floor, have a separate entry and a sink for the staff; c) Tthe isolator is destined for isolating persons showing signs of acute illness and for placing beneficiaries admitted in an emergency regime, for sanitation purposes, as well as for isolation during medical examination; d) the isolator shall consist of a room and a separate lavatory and shall be equipped with: bed for mother, bed for child, chair, bedside-table, swaddling table, a basket for dirty laundry. 47. The kitchen shall comply with the following requirements: a) the Center shall have a production space – a kitchen for preparing food, and a space for serving food. When cooking, there shall be used agricultural food products, including semi-finished foods, scoured, batched and packaged; b) spaces for food preparing and serving shall comply with requirements established in the sanitary and hy- gienic rules and norms for public catering units, approved by Government Decision No.1209 of 8 November 2007; c) food shall be prepared by Center employees, with professional training in the field, holding medical cer- tificates with according notes about the medical check-up and hygienic training; d) where the Center is a part of a social institution, it shall benefit of the services of the kitchen of the respec- tive institution, holding sanitary authorization in accordance with effective legislation.
Center’s healthcare services – Standard VII
48. The Center shall render the following healthcare services: medical supervision, emergency medical as- sistance and promoting a healthy way of living. 49. Upon admission to the Center, each beneficiary shall be consulted by medical staff. 50. Primary and specialized medical assistance services shall be rendered to the beneficiaries, as necessary, by territorial medical institutions, in accordance with effective normative acts. 51. The Center shall have clear procedures for actions in case of accidents or sickness. In case of emergency admission, the beneficiary shall be placed in the center through an isolator, where the initial examination and medical surveillance shall take place and necessary investigations shall be performed.
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52. The Center shall have a medical room for offering emergency medical assistance. The medical room shall be furnished (desk, chairs, medicine cabinet), equipped with medical devices and instruments (refrigera- tor, thermometers, tonometer, phonendoscope, disposable spatulas, trays, quartz lamp etc.), a set of medicines and instruments for offering emergency medical assistance, aseptic chemicals and disinfectants, tools for tidy- ing and spring-cleaning. 53. The Center shall have medical staff (doctor or medical assistant), who shall offer preventive medical assistance, assistance to sick children and first aid in emergency situations. 54. Contact data of the medical staff shall be displayed in a place that is visible and accessible to the benefi- ciaries. 55. The Center shall establish clear procedures for the registration, storage, distribution and administration of medicines, as well as for the management of medical waste. 56. First aid in emergencies: a) Center personnel shall offer first aid in emergencies; b) Emergency medical assistance shall be offered by emergency services, if necessary.
Psycho-social services within the Center – Standard VIII
57. Psycho-social services shall be rendered in secured, special-destination, comfortably-furnished prem- ises, in order to encourage discussions between beneficiaries and Center personnel. 58. Psycho-social services shall be offered by a psychologist/social assistant/psychologist-pedagogue and shall include psychological counseling, psychological support and social support offered to the victims of fam- ily violence, with a view to psychological rehabilitation and overcoming crisis. 59. Counseling sessions shall take place with respect for beneficiary’s privacy, in order to ensure comfort and trust. 60. Beneficiaries shall resort to individual or group counseling services, as the case may be. 61. Counseling sessions shall be organized based on clear-cut objectives, established jointly with the ben- eficiaries. 62. The content of sessions shall be recorded/written down in the observation card (according to Annex No.3 to these Standards), along with the proposals/recommendations for the following sessions. Cards shall be attached to the beneficiary’s file. 63. Individual sessions shall be of supportive, therapeutic and educational character, while group sessions shall depend on the type of the group: support, discussion group etc. 64. Counseling sessions shall be based on the principle of psychological rehabilitation of the victim of family violence and shall be aimed at overcoming crisis and assimilating the following knowledge, skills and abilities: a) cultivating self-confidence and trust in other persons; b) developing social skills; c) developing the capacity to take decisions; d) obtaining information from social and employment services; e) developing abilities to manage time, money and overcoming crises.
Legal advice services within the Center – Standard IX
65. Legal advice services shall be rendered in secure, specially-assigned, comfortably-furnished premises, in order to encourage discussions between beneficiaries and Center personnel. 66. Legal advice services shall be rendered by a lawyer and shall include legal counseling in the following fields: specific legislation on immediate and long-term protection in cases of family violence, victim’s rights, support in obtaining the protection ordinance, legislation on marriage and divorce, parental rights, legislation on migration, support in finding an attorney, if necessary, and support in completing legal acts.
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Family and/or community reintegration services – Standard X
67. The Center shall offer family and/or community reintegration services to victims of family violence. All Center activity shall take into account the temporary character of the placement and shall be oriented towards the identification of a durable solution for family and/or community integration. 68. The possibilities for beneficiary’s family and/or community reintegration shall be studied and analyzed by Center specialists as of the former’s placement. 69. The beneficiary shall be considered an active partner, involved in the family and/or community reinte- gration process. 70. The case coordinator shall organize visits and meetings with the biologic and/or extended family, with potential employers and with other persons, in order ro identify possibilities for social and family integration (pursuant to the document “Case Management – Social Assistant’s Guide”, approved by Order of the Minister of Labor, Social Protection and Family No.71 of 3 October 2008, Annex No.3). 71. The family and/or community reintegration services shall include measures necessary for establishing relations with: a) the biologic or extended family; b) employers – with a view to employment and participating in professional training (retraining) courses; c) educational institutions – with a view to continuing studies by beneficiary or his/her children, as the case may be; d) local public administration authorities – with a view to finding a permanent dwelling place after leaving the Center; e) other institutions offering services relevant for solving the case. 72. Center shall identify information on labor market supply, based on the data offered by territorial em- ployment agencies, as well as collaboration agreements with interested institutions. 73. The case coordinator shall assist the beneficiary upon leaving the Center.
Termination of placement within the Center Monitoring services – Standard XI
74. Beneficiary’s family and/or community reintegration is the main goal of individualized assistance plan activities. 75. The beneficiary shall be prepared by Center specialists for leaving the Center. 76. During the preparation for beneficiary’s family and/or community reintegration, the case coordinator: a) shall perform the final evaluation of beneficiary’s needs; b) shall visit the community/family, where the beneficiary is to be reintegrated; c) shall ensure the involvement of local public administration authorities, and especially of the community social assistance service, into the beneficiary’s reintegration process; d) shall ensure beneficiary’s referral to social services existing in the community into which he/she shall be reintegrated; e) shall perform the administrative and legal formalities required for beneficiary’s leaving Center. 77. At least two weeks prior to beneficiary’s leaving Center, the case coordinator shall contact the community social assistance service and shall inform it of the beneficiary’s situation and the handover of case monitoring. 78. After leaving Center, the beneficiary may access post-residential support and counseling service for at least three months. 79. The results of monitoring shall be recorded in the post(re)integration monitoring cards, which shall be attached to the file (in accordance with Annex No. 4 to these Standards). The card shall be completed by the coordinating social assistant, jointly with the representatives of the local public administration authority. Col- lected special category personal data shall be used taking into account the provisions of Law No.17-XVI of 15 February 2007 on protection of personal data.
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80. Sudden termination of beneficiary’s stay, on grounds of termination of the residence contract, may take place in cases of repeated breach by beneficiary of the Internal Regulation of the Center or causing damage to other beneficiaries, Center’s staff and assets.
Section 4
Center Management – Standard XII
81. The Center manager shall be responsible for the quality of services rendered to the beneficiaries. 82. The manager shall apply clear procedures in respect of: a) evaluation and monitoring of unfolding activities; b) selection, evaluation, training, certification and supporting of staff; c) accounting and financial reporting; d) transmitting information within and outside the institution. Information obtained is deemed confiden- tial and may be transmitted outside the institution only with the express consent of the beneficiary. Cases when the beneficiaries’ life and health is in danger or when non-disclosure of such information shall be to beneficia- ries’ disadvantage shall be treated as exceptions. 83. Center specialists should have an according professional training and skills for working with victims of family violence, their families, community, local public administration authorities, other service suppliers etc. 84. Employee cards shall be filled in and approved for Center personnel, which shall include: a) duties; b) responsibilities; c) rights; d) education/qualification necessary for the respective position; e) work experience and length of service; f) subordination relations and vertical and horizontal communication procedures; g) specific duties in respect of beneficiaries and other Center employees. 85. The Center shall adopt clear procedures for cases when urgent replacement of a specialist is needed. 86. The Center shall have specially-equipped premises (secure and locked) for depositing the files of service beneficiaries. 87. Case coordinators shall be responsible for completing and archiving the files of service beneficiaries. 88. File information is confidential. 89. Information on the beneficiary shall be spread only with the latter’s written consent. The written consent shall be attached to the beneficiary’s file. 90. Beneficiary’s archived files shall be kept for an indefinite time.
Human resource management – Standard XIII
91. The Center shall have a staff schedule, whose extent and structure shall depend on the scope of the institution and beneficiaries’ needs. 92. Center personnel shall be employed by contest, in accordance with the legislation. Employing persons without according training and qualification is prohibited. 93. Center personnel shall consist of: administrative, social, psychological, legal, educational, medical as- sistance personnel and auxiliary personnel. 94. The Center is operated by a manager with higher education in the field and at least 5 years of work experience, and a deputy manager. The manager may cumulate another current office (in the field of teaching, psychology, law, social assistance, medicine, psycho-pedagogy etc.).
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95. The employment rate (number of jobs in correlation with the number of service beneficiaries) shall be calculated based on the characteristics and needs of the Center’s beneficiaries, as well as the institution’s total capacity. 96. Ensuring security is a basic responsibility of the Center manager. Beneficiaries need a secure place, where they would be protected from aggressors’ violent behavior. At the same time, the security of Center personnel must be also ensured, as personnel is also subject to major danger from the part of aggressors. In order to ensure the physical security of the beneficiaries and that of the institution, the manager shall enter in collaboration agreements with the territorial police offices.
Staff training – Standard XIV
97. Center personnel shall have initial specialized training. 98. Upon hiring, personnel shall attend Center-specific training programs (rehabilitation of victims of fam- ily violence, psychology of abuse, methods to overcome crises etc.). 99. Center employees shall have the possibility to attend continuous training programs with a duration of at least 40 hours per year. 100. Personnel shall partake in seminars, national and international conferences, scientific communication sessions etc. 101. Voluntaries may work at the Center after following a training program of at least 12 hours regarding the specifics of work in such institutions. 102. The continuous training plan for Center personnel shall be developed based on identified professional training needs. 103. The Center manager shall be responsible for the development and accomplishment of the continuous training program. 104. The personnel working within the Center shall be subject to medical examination every six months and to hygienic instruction.
Personnel supervision and evaluation – Standard XV
105. The Center shall set an efficient evaluation and supervision system and specialists shall be subject to mandatory evaluation upon hiring and on a yearly basis. 106. The Center shall develop its own staff evaluation tables, based on precise criteria. 107. The evaluation process shall be based on: a) achieved results; b) attitude towards Center activities; c) participation in professional training programs. 108. Evaluation and supervision sessions shall take place monthly, annually and as necessary. 109. Supervision sessions shall take place individually and in group and shall refer to: a) certain aspects of specific cases; b) applied methods; c) specialist’s tasks; d) specialist’s emotional state; e) ways to share experience, discussing most difficult cases; f) identifying solutions to enhance the team spirit. 110. Sessions shall unfold according to plan and in an organized manner, shall be limited in time and shall be based on specific evaluation/supervision objectives. 111. Sessions shall be recorded, specifying decisions taken, persons responsible and terms for decision ac- complishment.
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112. The Center manager shall be responsible for the development of the plan of evaluation and supervision sessions and for organizing such sessions in emergency cases. 113. The function of supervisor may be performed by the Center manager or by an experienced person from outside the Center.
Protection against abuses from the part of personnel – Standard XVI
114. During the stay in the Center, beneficiaries shall be encouraged to notify any form of abuse from the part of personnel, other persons within the Center and outside it. 115. The Center manager shall immediately take the necessary protection and assistance measures for the beneficiary. The Center manager shall apply sanctions to the personnel abusing the beneficiaries. Abuses shall be recorded in minutes.
Internal residence regulation – Standard XVII
116. Upon beneficiary’s placement within the Center, it is necessary that he/she is notified of the Internal Residence Regulation within the Center (hereinafter – the Regulation). 117. The Regulation shall be drafted in writing and shall be accessible to the general public both in the state language and in Russian. 118. The Regulation shall contain information with respect to: a) Center structure and principles; b) services rendered to beneficiaries; c) Center personnel; d) security within the Center; e) order of receiving visits; f) responsibility towards children; g) beneficiary’s rights; h) participating in activities relating to cleaning, cooking, washing etc.; i) duties and responsibilities; j) contact person(s) in case of conflicts or complaints; k) beneficiary’s participation in the decision-making process for organizing and managing the Center; l) proceedings when leaving Center. 119. The Regulation must be clear and understandable by the beneficiary. It shall be mandatory, but will allow for a certain degree of flexibility, in order to be amended based on beneficiary’s needs. The rules relating to institution status cannot be changed. 120. The Regulation must contain special provisions concerning beneficiary’s right to self-determination in organizing his/her life upon leaving the Center.
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Annex No.1 to the Minimum Quality Standards for social services rendered to victims of family violence
MODEL RESIDENCE CONTRACT Center name and address ______________________________________________________________ _______________________________________________________________________________________
1. Date, month, year ____________________ of concluding contract between service renderer, hereinafter referred to as Center, and the beneficiary _______________________________________________________________________________________ (first and last name of Center representative) _______________________________________________________________________________________ (office) and____________________________________________________________________________________ (beneficiary name) Age___________________________________________________________________________________ Residence registration ____________________________________________________________________ Domicile ______________________________________________________________________________ Locality ____________________str. ________________________ No._____________________________
2. Scope of contract: Accomplishment of objectives established in the Individualized assistance plan (hereinafter – the Plan). The object of contract consists in rendering the following social services: a) _____________________________________________________________________________________ b) _____________________________________________________________________________________ c) _____________________________________________________________________________________
3. Duration of contract: _______________________________________________________________________________________ (date, month, year, from ___/to ___) This contract shall take effect as of its execution and is entered for a duration of maximum 3 months.
4. Parties’ rights and obligations: 4.1. The center shall be entitled: a) to check the authenticity of information received from the beneficiary of services; b) to cease rendering social services to the beneficiary, where it is established that the latter does not fulfill obligations provided by this contract. 4.2. The rehabilitation center shall be bound: a) to render services provided in the Plan; b) to take into account beneficiary’s efforts to fulfill contractual obligations; c) to ensure beneficiary’s security and maintenance; d) to periodically reevaluate the beneficiary’s situation, in partnership with the family and the territorial social assistance body and, as the case may be, to revise the Plan in the interest of the beneficiary; e) to perform home visits, as provided by the Plan or as may be necessary; f) to offer psychological support and assistance; g) to respect the confidentiality of information regarding the beneficiary, in accordance with legislation; h) to take into account the wishes and recommendations of the beneficiary with respect to the Plan;
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i) to inform the beneficiary about: the nature of social services and the conditions of their rendering; the possibility of offering other social services; the internal regulations. 4.3. The service beneficiary shall be entitled: a) to be rendered social services provided by the Plan; b) to refuse, due to objective reasons (religious, cultural etc.), the rendering of certain social services; c) to participate in evaluating rendered social services and in taking decisions on social intervention measures applied to him/her; d) to consult with the social assistant with respect to any situation arising in relation to himself/herself, his/her child and family; e) to choose amongst various intervention measures; f) to be informed on: rights, legal protection measures and risks; changes in the rendering of social services; opportunities for rendering other social services; internal regulations. 4.4. The beneficiary is bound: a) to actively participate in the accomplishment of the Plan; b) to provide true information on his/her identity and family, medical, economic and social status; c) to allow the Center representative to check the authenticity of provided information; d) to comply with the Plan terms and provisions; e) to keep confidential information on granted assistance; f) to notify ant change in his/her personal situation during placement; g) to observe the Center’s internal regulations.
5. Solving complaints. 5.1. The beneficiary is entitled to submit verbal and/or written complaints concerning services offered by the Center. 5.2. Complaints shall be addressed to the management of the Center directly or by means of any person from the Plan accomplishment team. 5.3. The Center shall be bound to examine complaints, consulting both the beneficiary and specialists involved in the accomplishment of the Plan, and to provide an answer within maximum 10 days of the receipt of the complaint.
6. Termination of contract This contract may be terminated in case of: a) ungrounded breach of contract clauses by beneficiary; b) withdrawal of Center’s operating authorization; c) change in Center’s type of activity.
7. Cease of contract 7.1. The following shall be grounds for the cease of this contract: a) expiry of duration of contract; b) parties’ agreement to terminate the contract; c) achievement of the contract’s goal; d) termination of contract. 7.2. This contract has been drawn up in two counterparts, one for each party.
Institution Director Signature
Beneficiary Signature
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Annex No.2 to the Minimum Quality Standards for social services rendered to victims of family violence
PRIMARY CASE REGISTRATION FORM
The primary case registration form shall be completed upon beneficiary’s admission to the Center and shall comprise the initial data of the case.
Beneficiary’s first and last name _____________________________________________________________ Birth date ________________________ place of birth __________________________________________ Child’s first and last name _________________________________________________________________ Birth date _________________________ place of birth ___________________________________________ Residence registration _____________________________________________________________________ Domicile _______________________________________________________________________________ Identity act ___________________________________________________________________________ Education ______________________________________________________________________________ Occupation _____________________________________________________________________________ Information on commission of family violence _______________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Case referral ____________________________________________________________________________ Reason for referral ________________________________________________________________________ Documents presented by beneficiary upon admission _____________________________________________ _______________________________________________________________________________________
Information on proceedings for obtaining protection ordinance _____________________________________ Information on biological family _____________________________________________________________ _______________________________________________________________________________________ Information on extended family _____________________________________________________________ _______________________________________________________________________________________
Beneficiary’s plans for the future _____________________________________________________________ _______________________________________________________________________________________
Remarks ________________________________________________________________________________ _______________________________________________________________________________________ Recommendations ________________________________________________________________________ _______________________________________________________________________________________
Completed by Signature Date
Center Director Signature Date
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Annex No.3 to the Minimum Quality Standards for social services rendered to victims of family violence
BENEFICIARY’S OBSERVATION CARD
Beneficiary’s first and last name ______________________________________________________________ Child’s/children’s name/s ___________________________________________________________________ Date of admission into the Center ____________________________________________________________ Period of residence _______________________________________________________________________
1. Beneficiary’s appearance Beneficiary’s appearance Yes No Clothes Matching Neat Adequate Clean Hygiene Nails cut Washed and tidy hair Pleasant smell
Behavior Humble Indifferent Proud
2. Dormitory appearance Dormitory appearance Yes No Clean Tidy Aired Aesthetic
3. Social relations (communication, cooperation, subordination) Relations with Center personnel Always Often Seldom Never Complies with the Regulation Polite Sociable With initiative Cooperating Isolated Aggressive Impertinent Obstinate Participates in daily activities Persevering Parent-child relation Attached to the child Attached to the parent Takes care of the child
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Feeds the child Sensible and receptive to child’s needs Communicates with the child Plays with the child Holds the child in arms Cuddles the child Relation with aggressor Constructively communicates with the aggressor Couple therapy has yielded results Parties have reconciled Aggression and threats continue Any communication has been discontinued The relation cannot be restored A protection ordinance has been issued The term of the protection ordinance has expired Divorce/separation proceedings Relations with other beneficiaries Leader abilities (coordinates activities, disciplines other beneficiaries) Establishes relations Communicates Participates in group activities Supervises children of other parents, if needed Isolated Indifferent Rigid Cooperating Relations with relatives Waits impatiently for the visits Initiates contacts Communicates in writing or by phone with relatives During visits (behavior shall be recorded in relation to each Communicates visitor) openly Benevolent Does not communicate Aggressive Additional observations _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Conclusions _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Note: The observation card shall be filled in by the social assistant within 30 days as of the date of placement and subsequently on a monthly basis. Data from the observation card shall be used upon developing and reviewing the Plan.
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Annex No.4 to the Minimum Quality Standards for social services rendered to victims of family violence
POST(RE)INTEGRATION MONITORING CARD
Evaluation of living and social conditions (after integration) regarding the beneficiary’s case ______________ _______________________________________________________________________________ Date “_________”____________________ Goal of examination ______________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Undersigned ____________________________________________________________________________ _______________________________________________________________________________________, Have inspected the living and social conditions of family ________________________________________, Resident at _______________________________________________________________________
General data on family members and other persons resident at the respective address Birth date Studies, place of work, office Person’s at- First and Person’s relation Identity (age, as the (for children – educational titude towards last name to the beneficiary data case may be) institution) beneficiary
Persons present at the time of visit _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Living conditions Type of dwelling (apartment in an apartment house, individual house, dormitory etc.) Right over dwelling _______________________________________________________________________ Number of rooms ________________________________________________________________________ Living space _____________________________________________________________________________ Total surface ____________________________________________________________________________ Type of heating __________________________________________________________________________ Water supply ____________________________________________________________________________ Sewerage _______________________________________________________________________________ Sanitary and hygienic conditions ____________________________________________________________ _______________________________________________________________________________________
Data regarding the beneficiary Means of subsistence and their value in Lei _____________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ (salary, social allowances, projects, family aid, other)
326 Updated normative acts
Place of work ____________________________________________________________________________ _______________________________________________________________________________________ Position ________________________________________________________________________________ _______________________________________________________________________________________ Living conditions _________________________________________________________________________ _______________________________________________________________________________________ Sanitary and hygienic conditions ____________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ State of health ___________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Relations with aggressor ___________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Relations with children and other family members _______________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Relations with community __________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Rendered social services ___________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Data regarding aggressor (if living together) Means of subsistence and their value in Lei ____________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ (salary, social allowances, projects, family aid, other) Place of work ___________________________________________________________________________ _______________________________________________________________________________________ Position ________________________________________________________________________________ _______________________________________________________________________________________ Living conditions _________________________________________________________________________ _______________________________________________________________________________________ Sanitary and hygienic conditions _____________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ State of health ___________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Relations with beneficiary __________________________________________________________________ Progress in the couple relation________________________________________________________________ _______________________________________________________________________________________
327 Trafficking in human beings and gender equality in Moldova
_______________________________________________________________________________________ Was there a protection ordinance issued and what is its status _______________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Social services of which the family (victims and aggressor) benefitted ________________________________ _______________________________________________________________________________________ Identified needs ______________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Conclusions _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Recommendations _______________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Social assistant Signature
Representative of local Signature public administration authority
Family representative Signature
328
Traficul de fiinţe umane şi egalitatea genurilor în Moldova acte normative actualizate Торговля людьми и равенство полов в Молдове дополнительные нормативные акты 2011 Chişinău Traficul de fiinţe umane şi egalitatea genurilor în Moldova
ro ac te no rm at iv e Convenţii ac tu al Legi iza te Hotărîri de Guvern
Chişinău 2011 CZU 343.545(478)(094)=135.1=161.1 T 80
Descrierea CIP a Camerei Naţionale a Cărţiii Traficul de fiinţe umane şi egalitatea genurilor în Moldova: acte normative actualizate = Торговля людьми и равенство полов в Молдове: дополнительные нормативные акты / resp. ed.: Otilia Bologan-Vieru, Veaceslav Balan; coord. ed.: Eugenia Benigni. – Ch.: S. n., 2011 (Elena-VI SRL). – 343; 341 p. Carte-valet („перевертыш”). – 1600 ex.
Responsabili de ediţie Otilia Bologan-Vieru, Consilier juridic în domeniul combaterii traficului de fiinţe umane şi gender, Misiunea OSCE în Moldova Veaceslav Balan, Consilier naţional în domeniul combaterii traficului de fiinţe umane şi gender, Misiunea OSCE în Moldova
Coordonatorul ediţiei: Eugenia Benigni, Consilier al Programului Antitrafic şi Gender, Misiunea OSCE in Moldova
Tipar: „Elena-V.I.” SRL
ISBN 978-9975-106-64-1.
Misiunea OSCE în Moldova, în parteneriat cu Misiunea OIM în Moldova, au oferit sprijin financiar la editarea prezentei publicaţii. Acest suport nu prevede aprobarea de către Misiune a conţinutului, prezentării grafice sau a modului de expunere a informaţiei şi opiniilor ce se conţin în publicaţie.
Textele sunt publicate cu modificările introduse până la 31 decembrie 2010. Acte normative actualizate
Cuprins
Cuvînt înainte . ....................................................................................................................................................... 5 1. Convenţia Consiliului Europei privind măsurile contra traficului de fiinţe umane . ................................... 6 2. Convenţia Naţiunilor Unite privind eliminarea tuturor formelor de discriminare faţă de femei şi Protocolul Opţional . ................................................................................................................ 19 3. Conventia privind drepturile copilului si Protocolul Opţional la aceasta privind vânzarea copiilor, prostituţia infantilă şi pornografia infantilă ....................................................... 35 4. Codul Penal al Republicii Moldova nr.985-XV din 18.04.2002 . ................................................................... 52 5. Codul de procedură penală al Republicii Moldova nr. 122-XV din 14.03.2003 . ...................................... 58 6. Codul de procedură civilă al Republicii Moldova nr. 225-XV din 30.05.2003 .......................................... 59 7. Codul familiei nr. 1316-XIV din 26.10.2000 . ................................................................................................ 61 8. Lege cu privire la drepturile copilului Nr. 338 din 15.12.1994 ...................................................................... 65 9. Lege cu privire la prevenirea şi combaterea violenţei in familie nr.45-XVI din 01.03.2007 ...................... 71 10. Lege privind prevenirea şi combaterea traficului de fiinţe umane nr.241-XVI din 20.10.2005 ................ 80 11. Lege cu privire la asigurarea egalităţii de şanse intre femei şi bărbaţi nr.5-XVI din 09.02.2006 . ............. 95 12. Lege privind transplantul de organe, ţesuturi şi celule umane nr.42-XVI din 06.03.2008 . ..................... 103 13. Lege cu privire la protecţia martorilor şi altor participanti la procesul penal nr.105-XVI din 16.05.2008 ............................................................................................................................... 112 14. Lege cu privire la ajutorul social nr. 133 din 13.06.2008 .............................................................................. 123 15. Lege cu privire la profilaxia infecţiei HIV/SIDA nr. 23-XVI din 16.02.2007 .......................................... 129 16. Hotărirea Plenului Curţii Supreme de Justiţie a Republicii Moldova cu privire la practica aplicării legislaţiei in cauzele despre traficul de fiinţe umane şi traficul de copii Nr.37 din 22.11.2004 ........................................................................................................ 138 17. Hotărirea Guvernului cu privire la aprobarea componenţei nominale a Comitetului Naţional pentru combaterea traficului de fiinţe umane si Regulamentul Comitetului Naţional şi a Planului Naţional de Acţiuni de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011 Nr.472 din 26.03.2008 şi Hotărîrea Guvernului privind Planul specific adiţional la Planul naţional de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011 Nr. 1170 din 21.12.2010 .................................................................................................... 144 18. Hotărirea Guvernului cu privire la aprobarea Programului Naţional de asigurare a egalităţii de gen pe anii 2010-2015 şi a Planului de Acţiuni pentru implementarea, în perioada 2010-2012, a Programului Naţional nr. 933 din 31.12.2009 ................................................ 192 19. Hotărirea Guvernului cu privire la aprobarea Regulamentului-cadru de organizare şi funcţionare a centrelor de asistenţă şi protecţie a victimelor traficului de fiinţe umane nr. 1362 din 29.11.2006 ..................................................................................................................................... 228 20. Hotărirea Guvernului cu privire la crearea centrului de asistenţă şi protecţie a victimelor şi potenţialelor victime ale traficului de fiinţe umane Nr.847 din 11.07.2008 ........................................... 235 21. Hotărire privind aprobarea Regulamentului-cadru al Comisiilor teritoriale pentru combaterea traficului de fiinţe umane Nr.234 din 29.02.2008 ........................................................ 236 22. Hotărirea Guvernului pentru aprobarea Regulamentului privind procedura de repatriere a copiilor şi adulţilor – victime ale traficului de fiinţe umane, traficului ilegal de migranţi, precum şi a copiilor neinsoţiţi Nr.948 din 07.08.2008 .................................................................................. 239
3 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
23. Hotărirea Parlamentului privind aprobarea Strategiei Sistemului Naţional de Referire pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane şi a Planului de acţiuni privind implementarea Strategiei Sistemului Naţional de Referire pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane pe anii 2009-2011 nr. 257-XVI din 05.12.2008 .............................................................................................. 247 24. Hotărirea Guvernului Nr. 1344 din 01.12.2008 cu privire la aprobarea Planului Naţional de acţiuni in domeniul prevenirii şi combaterii violenţei impotriva copilului pentru perioada 2009-2011 .............................................................................................................................. 260 25. Hotărirea Guvernului pentru aprobarea Programului Naţional privind crearea sistemului integrat de servicii sociale pe anii 2008-2012 nr. 1512 din 31.12.2008 . .................................. 269 26. Hotărirea Guvernului pentru aprobarea Regulilor de eliberare a certificatului de luare in evidenţă a copilului care rămine in ţară, al cărui părinte/tutore (curator), cetăţean al Republicii Moldova, se angajează provizoriu in muncă in străinătate nr. 290 din 15.04.2009 ....................................................................................................................................... 284 27. Hotărîrea Guvernului cu privire la aprobarea Regulamentului-cadru de organizare şi funcţionare a centrelor de reabilitare a victimelor violenţei în familie nr. 129 din 22.02.2010 ....................................................................................................................................... 286 28. Hotarirea Guvernului cu privire la instituirea Consiliului naţional de coordonare a programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei, Nr. 825 din 03.08.2005 ..................................................................................................................................... 291 29. Hotarîrea Guvernului nr. 1143 din 16.12.2010 Privind aprobarea Programului Naţional de Prevenire şi Control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015 ....................................................................................................................................... 297 30. Hotărîrea Guvernului pentru aprobarea Standardelor minime de calitate privind serviciile sociale prestate victimelor violenţei în familie nr. 1200 din 23.12.2010 ...................... 325
4 Acte normative actualizate
CUVÎNT ÎNAINTE Multe studii au arătat că progresele concrete înregistrate în domeniul asigurării egalităţii genurilor în viaţa privată şi publică a unei ţări contribuie la o dezvoltare mai rapidă şi durabilă a economiei şi democraţiei aces- teia. Deşi violenţa în familie şi traficul de fiinţe umane afectează atât bărbaţii cât şi femeile, precum şi toate sec- toarele societăţii, indiferent de sex, vârstă, apartenenţă etnică sau afiliere religioasă, aceste probleme afectează în mod disproporţionat femeile din Moldova. O pătrime dintre femeile din Republica Moldova sunt victime ale violenţei în familie; 80-90% dintre acestea sfârşesc prin a fi traficate, în mare parte pentru exploatare sexuală. Ambele fenomene sunt recunoscute de legislaţia naţională şi internaţională drept infracţiuni penale. În Moldova, dreptul la viaţă, integritate fizică şi mentală, de a nu fi supus torturii sau altor tratamente sau pedepse crude, inumane sau degradante, precum şi alte drepturi şi obligaţii sunt consfinţite în Constituţie şi în alte legi, precum cele cu privire la combaterea traficului, violenţa în familie şi protecţia victimelor şi martorilor. Actul Final de la Helsinki din anul 1975, documentul fondator al OSCE (în acea perioadă Conferinţa pentru Securitate şi Cooperare în Europa, sau CSCE) a fost primul document internaţional ce recunoştea protecţia drepturilor omului drept problemă internaţională. Drepturile omului stau la baza Conceptului complex de securitate al OSCE, fapt ce semnifică că securitatea nu poate să existe atât timp cât nu se respectă drepturile şi libertăţile fundamentale ale omului. În acest sens, OSCE realizează activităţi în astfel de domenii precum: combaterea şi prevenirea traficului, democratizarea, alegerile, egalitatea genurilor, drepturile omului, libertatea mass-media, drepturile minorităţilor, supremaţia legii, toleranţa şi non-discriminarea. În calitate de stat participant al OSCE, în sfera combaterii traficului şi asigurării egalităţii genurilor, Moldova s-a angajat să respecte prevederile următoarelor acte: Hotărârea Consiliului Permanent al OSCE Nr.557 cu privire la Planul de Acţiuni al OSCE în vederea combaterii traficului de fiinţe umane; Hotărârea Consiliului de Miniştri al OSCE 14/04 cu privire la Planul de Acţiuni al OSCE pentru promovarea egalităţii genurilor; Hotărârea Consi- liului de Miniştri 14/05 privind participarea femeilor în prevenirea conflictelor, managementul situaţiilor de criză şi reabilitarea post-conflict; şi Hotărârea Consiliului de Miniştri 15/05 referitoare la prevenirea şi combaterea vio- lenţei faţă de femei. Printre altele, aceste acte subliniază că traficul de fiinţe umane reprezintă o ameninţare pentru securitate, ce nu poate fi asigurată fără atingerea egalităţii genurilor şi respectarea drepturilor femeilor. În activitatea sa, OSCE s-a concentrat asupra celor mai bune practici referitoare la aspectele de prevenire, pedep- sire şi protecţie ale traficului şi violenţei faţă de femei. O atenţie sporită se acordă urmăririi şi pedepsirii eficiente, întoarcerii sigure şi voluntare a victimelor traficului, acordării compensaţiilor victimelor, precum şi rolului bărbaţilor şi băieţilor în prevenirea şi combaterea violenţei în bază de gen*. Din anul 2008, Misiunea OSCE în Moldova a susţinut financiar publicarea unei compilaţii de documente internaţionale şi acte normative naţionale referitoare la combaterea traficului, egalitatea genurilor şi violenţa în familie. Compilaţia de faţă completează publicaţiile anterioare cu legi şi hotărâri ale Guvernului adoptate pînă la 31 decembrie 2010. Misiunea speră că o disponibilitate şi utilizare mai largă a acestei publicaţii va ajuta la implementarea continuă a legilor existente, precum şi va ameliora situaţia celor care caută dreptate. Eugenia Benigni Consultat în domeniul antitrafic şi gender Misiunea OSCE în Moldova Chişinău 2011
* Pagini web utile ale OSCE (conţin publicaţii şi documente în domeniul antitrafic şi gender): www.osce.org/cthb; www.osce.ora/aender: www.osce.ora/odihr: www.legislationline.org (ultima conţine legi şi opiniile le gale ale OSCE/ODIHR pe marginea legilor privind drepturile omului ale statelor participante la OSCE.)
5 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
1. Convenţia Consiliului Europei privind măsurile contra traficului de fiinţe umane*
Preambul
Statele-membre ale Consiliului Europei şi alţi semnatari ai acestei Convenţii, Avînd în vedere că obiectivul Consiliului Europei este de a realiza o unitate mai strînsă între membrii săi; Avînd în vedere că traficul de fiinţe umane constituie o violare a drepturilor omului şi o ofensă adusă dem- nităţii şi integrităţii fiinţei umane; Avînd în vedere că traficul de fiinţe umane poate rezulta în sclavie pentru victime; Avînd în vedere că respectul pentru drepturile victimelor, protecţia victimelor şi măsurile de combatere a traficului de fiinţe umane trebuie să constituie obiective supreme; Avînd în vedere că toate măsurile sau iniţiativele contra traficului de fiinţe umane trebuie să fie nediscrimi- natorii, să ia în consideraţie egalitatea dintre sexe, precum şi abordarea drepturilor copilului; Avînd în minte Declaraţiile Miniştrilor Afacerilor Externe a Statelor-Membre la cea de-a 112-a (14- 15 mai 2003) şi la cea de-a 114-a (12-13 mai 2004) Sesiune a Comitetului de Miniştri care prevăd luarea de către Consiliul Europei a unor măsuri intense contra traficului de fiinţe umane; Luînd în consideraţie Convenţia pentru Apărarea Drepturilor Omului şi a Libertăţilor Fundamentale (1950) şi protocoalele sale; Avînd în vedere următoarele recomandări ale Comitetului de Miniştri ai statelor-membre ale Consiliului Europei: Recomandarea nr. R (91) 11 privind exploatarea sexuală, pornografia, prostituarea şi traficarea copii- lor şi tinerilor; Recomandarea nr. R (97) 13 privind intimidarea martorilor şi drepturile apărării; Recomanda- rea nr. R (2000) 11 privind măsurile contra traficului de fiinţe umane pentru scopuri de exploatare sexuală şi Recomandarea Rec (2001) 16 privind protecţia copiilor în faţa exploatării sexuale; Recomandarea Rec (2002) 5 privind protecţia femeilor contra violenţei; Avînd în vedere următoarele recomandări ale Adunării Parlamentare a Consiliului Europei: Recomandarea 1325 (1997) privind traficul de femei şi prostituarea forţată în statele-membre ale Consiliului Europei; Reco- mandarea 1450 (2000) privind violenţa faţă de femei în Europa; Recomandarea 1545 (2002) privind campania contra traficului de femei; Recomandarea 1610 (2003) privind migraţia legată de traficarea femeilor şi pros- tituţie; Recomandarea 1611 (2003) privind traficul de organe în Europa; Recomandarea 1663 (2004) Sclavia domestică: servitudinea, deservirea menajeră şi miresele comandate prin poştă; Avînd în vedere Decizia-cadru a Consiliului Uniunii Europene din 19 iulie 2002 privind combaterea tra- ficului de fiinţe umane, Decizia-cadru a Consiliului Uniunii Europene din 15 martie 2001 privind situaţia victimelor procedurilor penale şi Directiva Consiliului Uniunii Europene din 29 aprilie 2004 privind permisul de şedere eliberat unor cetăţeni ai statelor terţe, care sunt victime ale traficului de fiinţe umane sau care au fost subiectul unei acţiuni de facilitare a migraţiei ilegale, şi care cooperează cu autorităţile competente; Acordînd consideraţie Convenţiei Naţiunilor Unite împotriva Criminalităţii Organizate Transnaţionale şi Protocolului ei privind prevenirea, reprimarea şi pedepsirea traficului de persoane, în special al femeilor si copiilor, în vederea îmbunătăţirii protecţiei acordate acestora şi dezvoltării standardelor stabilite de aceste acte; Avînd în vedere alte instrumente juridice internaţionale relevante în sfera de acţiune contra traficului de fiinţe umane; Luînd în consideraţie nevoia de elaborare a unui instrument juridic internaţional cuprinzător preocupat de drepturile omului ale victimelor traficului şi stabilind un mecanism de monitorizare special, Au convenit după cum urmează:
* Adoptat de Comitetul de Miniştri la 3 mai 2005 la şedinţa 925 a Vice-miniştrilor.
6 Acte normative actualizate
Capitolul I Scopurile, sfera de aplicare, principiul nediscriminării şi definiţii Articolul 1. Scopurile Convenţiei 1. Scopurile prezentei Convenţii sunt: a. de a preveni şi combate traficul de fiinţe umane, cu garantarea egalităţii sexelor; b. de a apăra drepturile umane ale victimelor traficului, de a crea un cadru general pentru protecţia şi asis- tarea victimelor şi martorilor, cu garantarea concomitentă a egalităţii sexelor, precum şi de a asigura ancheta şi urmărirea eficientă; c. de a promova cooperarea internaţională privind măsurile de combatere a traficului de fiinţe umane. 2. În vederea asigurării implementării eficiente a prevederi sale de către Părţi, prezenta Convenţie stabileşte un mecanism special de implementare.
Articolul 2. Sfera de aplicare Prezenta Convenţie se aplică tuturor formelor de trafic de fiinţe umane, fie naţionale, sau internaţionale, conectate sau nu cu crima organizată.
Articolul 3. Principiul nediscriminării Implementarea prevederilor prezentei Convenţii de către Părţi, în particular, luarea măsurilor de apărare şi promovare a drepturilor victimelor, va fi asigurată fără discriminare pe orice temei de sex, rasă, culoare, limbă, religie, opinie politică sau de altă natură, origine etnică sau socială, asociere cu o minoritate naţională, avere, naştere sau alt statut.
Articolul 4. Definiţii Pentru scopurile prezentei Convenţii: a) “Traficul de fiinţe umane” va însemna recrutarea, transportarea, transferul, adăpostirea sau primirea de persoane, prin ameninţare sau aplicare a violenţei sau a unei alte forme de coerciţiune, prin răpire, prin înşelă- ciune, inducere în eroare, abuz de putere sau de situaţia vulnerabilă, sau prin oferirea sau primirea de plăţi sau beneficii pentru a obţine acordul persoanei care deţine controlul asupra unei alte persoane, pentru scopuri de exploatare. Exploatarea va include, cel puţin, exploatarea prostituţiei sau alte forme de exploatare sexuală, mun- că sau servicii forţate, sclavie sau practici asemănătoare sclaviei, servitute sau prelevare de organe; b) Acordul victimei “traficului de fiinţe umane” la exploatarea intenţionată, prevăzută de subalin.(a) al pre- zentului Articol, este irelevant, dacă a fost folosită oricare dintre metodele stipulate în subalin.(a) al prezentului Articol; c) Recrutarea, transportarea, transferul, adăpostirea sau primirea unui copil pentru scopuri de exploatare va fi considerată “trafic de fiinţe umane” chiar dacă nu implică folosirea vreunei metode, prevăzute de subalin. (a) al prezentului Articol; d) “Copil” va însemna orice persoană sub optsprezece ani; e) “Victimă” va însemna orice persoană fizică, supusă traficului de fiinţe umane, în definiţia prezentului Articol.
Capitolul II Prevenirea, cooperarea şi alte măsuri Articolul 5. Prevenirea traficului de fiinţe umane 1. Fiecare Parte va lua măsuri de stabilire sau consolidare a coordonării naţionale între diversele organe, responsabile de prevenirea şi combaterea traficului de fiinţe umane. 2. Fiecare Parte va stabili şi/sau consolida politici şi programe eficiente de prevenire a traficului de fiinţe umane, prin asemenea mijloace ca: cercetările, informarea, campaniile de sensibilizare şi educare, iniţiative sociale şi economice şi programe de instruire, în particular, pentru persoanele vulnerabile la trafic şi pentru profesioniştii, care activează în sfera combaterii traficului de fiinţe umane.
7 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
3. Fiecare Parte va promova o abordare bazată pe Drepturile Omului şi va folosi concepţii care să promoveze egalitatea sub aspect gender şi să fie sensibile faţă de interesele copiilor la dezvoltarea, implementarea şi evalu- area politicilor şi programelor, la care s-a referit alin.2. 4. Fiecare Parte va lua măsurile corespunzătoare, necesare pentru a oferi posibilităţi de migraţie legală, în particular, prin distribuirea informaţiei exacte de către organele relevante, în condiţiile permiterii intrării şi aflării legale pe propriul teritoriu. 5. Fiecare Parte va lua măsuri speciale pentru a reduce vulnerabilitatea copiilor faţă de trafic, mai ales prin crearea unui mediu protector pentru aceştia. 6. Măsurile stabilite în conformitate cu prezentul Articol vor implica, acolo unde este potrivit, organizaţiile neguvernamentale, alte organizaţii relevante şi alte elemente ale societăţii civile, dedicate prevenirii traficului de fiinţe umane şi protejării şi asistării victimelor.
Articolul 6. Măsuri de descurajare a cererii Pentru a descuraja cererea care stimulează toate formele de exploatare de persoane, în special de femei şi co- pii, şi care duce la trafic, fiecare Parte va adopta sau consolida măsurile legislative, administrative, educaţionale, sociale, culturale sau de altă natură, inclusiv: a) Cercetarea privind cele mai bune practici, metode şi strategii; b) Sensibilizarea privind responsabilitatea şi rolul important al mass-media şi al societăţii civile la identifi- carea cererii ca o cauză de bază a traficului de fiinţe umane; c) Campanii de informare speciale, implicînd, între altele şi în modul corespunzător, autorităţile publice şi factorii de decizie; d) Măsuri de prevenire, inclusiv programe educaţionale pentru băieţi şi fete, în cadrul învăţămîntului şcolar, care să pună accentul pe natura inacceptabilă a discriminării bazate pe sex şi consecinţele ei dezastruoase, pe importanţa egalităţii sexelor şi demnitatea şi integritatea oricărei fiinţe umane.
Articolul 7. Măsuri legate de trecerea frontierei 1. Fără a afecta angajamentele internaţionale privitor la circulaţia liberă a persoanelor, Părţile vor consolida, în măsura posibilităţilor, controalele de frontieră, care ar fi necesare pentru prevenirea şi identificarea traficului de fiinţe umane. 2. Fiecare Parte va adopta, în măsura posibilităţilor, măsuri legislative sau alte măsuri adecvate, menite să prevină folosirea mijloacelor de transport, exploatate de cărăuşi comerciali, pentru comiterea infracţiunilor prevăzute de prezenta Convenţie. 3. Acolo unde este potrivit, şi fără a afecta aplicabilitatea convenţiilor internaţionale, aceste măsuri vor inclu- de stabilirea obligaţiei cărăuşilor comerciali, inclusiv orice companie de transport, proprietarul sau operatorul oricărui mijloc de transport, să se asigure că toţi pasagerii au documentele de călătorie, cerute în Statul primitor. 4. Fiecare Parte va lua măsurile necesare, în conformitate cu dreptul intern, pentru a stabili sancţiuni în cazurile de încălcare a obligaţiei, stabilite în alineatul 3 al prezentului articol. 5. Fiecare Parte va adopta măsurile legislative şi de altă natură, care ar putea fi necesare pentru a permite, în conformitate cu dreptul său intern, refuzarea sau retragerea de vize persoanelor implicate în comiterea de infracţiuni, stabilite în conformitate cu prezenta Convenţie. 6. Părţile vor consolida cooperarea dintre agenţiile de frontieră, între altele, prin stabilirea şi menţinerea unor canale de comunicare directe.
Articolul 8. Securitatea şi verificarea de documente Fiecare Parte va adopta măsurile necesare: a) Pentru a asigura că documentele de călătorie sau identitate, eliberate de aceasta, sunt de o calitate care să asigure că nu sunt folosite necorespunzător sau că nu sunt uşor de falsificat, modificat, multiplicat sau eliberat în mod ilegal; şi b) Pentru a asigura integritatea şi securitatea documentelor de călătorie sau identitate, eliberate de către sau din numele Părţii, şi pentru a preveni întocmirea şi eliberarea lor ilegală.
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Articolul 9. Legitimitatea şi validitatea documentelor La cererea unei alte Părţi, Partea va verifica, în conformitate cu normele sale interne, într-un termen rezo- nabil, legitimitatea şi validitatea documentelor de călătorie sau identitate, eliberate sau pretinse a fi eliberate din numele ei şi suspectate de a fi folosite în traficul de fiinţe umane.
Capitolul III. Măsuri de protejare şi promovare a drepturilor victimelor, cu garantarea egalităţii genurilor
Articolul 10. Identificarea victimelor 1. Fiecare Parte va asigura autorităţile sale competente cu personal instruit şi calificat în prevenirea şi com- baterea traficului de fiinţe umane, în identificarea şi asistarea victimelor, inclusiv copiii, şi va asigura că diferi- tele autorităţi cooperează între ele şi cu organizaţiile de sprijin relevante, astfel încît victimele sunt identificate printr-o procedură care ia în consideraţie, respectiv, situaţia specială a victimelor, femei şi copii şi că, în cazurile respective, li se eliberează permise de şedere, în condiţiile prevăzute de Articolul 14 al prezentei Convenţii. 2. Fiecare Parte va adopta asemenea măsuri legislative şi de altă natură, necesare pentru identificarea victi- melor şi care sunt adecvate pentru cooperarea cu alte Părţi şi organizaţiile de sprijin relevante. Fiecare Parte va asigura că în cazul în care autorităţile competente au temeiuri serioase de a crede că o persoană este victimă a traficului de fiinţe umane, acea persoană nu va părăsi teritoriul său, pînă finalizarea de către autorităţile compe- tente a procesului de identificare a victimei unei infracţiuni prevăzute de Articolul 18 al prezentei Convenţii, şi, de asemenea, va asigura că persoana în cauză beneficiază de asistenţa stipulată în Articolul 12, alineatele 1 şi 2. 3. Cînd vîrsta victimei nu poate fi stabilită cu certitudine şi există temeiuri pentru a presupune că victima este un copil, el sau ea va fi prezumat drept copil şi îi va fi acordată o protecţie specială, pînă la verificarea vîrstei sale. 4. Din moment ce un copil neînsoţit este identificat drept victimă, fiecare Parte: a) va asigura reprezentarea copilului de către un tutore legal, o organizaţie sau o autoritate, care va acţiona în interesele superioare ale acelui copil; b) va întreprinde măsurile necesare pentru stabilirea identităţii şi naţionalităţii copilului; c) va face tot posibilul pentru a localiza familia copilului, dacă aceasta este în interesul lui superior.
Articolul 11. Protecţia vieţii private 1. Fiecare Parte va proteja viaţa privată şi identitatea victimelor. Informaţia personală privind victimele va fi stocată şi folosită în conformitate cu condiţiile prevăzute de Convenţia privind Protecţia Persoanelor în legătu- ră cu Prelucrarea Automată a Datelor Personale (ETS nr. 108). 2. Fiecare Parte va adopta măsuri pentru a asigura, în particular, că identitatea sau detaliile, care permit identificarea unui copil-victimă a traficului, nu vor deveni cunoscute publicului, prin mass-media sau prin alte mijloace, cu excepţia unor circumstanţe extraordinare, în vederea facilitării localizării membrilor familiei sau a asigurării în orice alt mod a bunăstării şi protecţiei copilului. 3. Fiecare Parte va acorda consideraţie adoptării, în conformitate cu Articolul 10 al Convenţiei pentru Apă- rarea Drepturilor Omului şi a Libertăţilor Fundamentale, în interpretarea Curţii Europene a Drepturilor Omu- lui, măsuri îndreptate spre încurajarea mass-media să protejeze viaţa privată şi identitatea victimelor prin auto- reglementare sau prin măsuri normative sau de reglementare în comun.
Articolul 12. Asistenţa acordată victimelor 1. Fiecare Parte va adopta măsurile legislative sau de altă natură, necesare pentru asistarea victimelor în redresarea fizică, psihologică şi socială. Asemenea asistenţă va include cel puţin: a) standarde de viaţă, în stare să asigure subzistenţa victimelor, prin măsuri, cum sunt: cazarea adecvată şi sigură, asistenţa psihologică şi materială; b) accesul la tratamentul medical de urgenţă; c) servicii de traducere şi interpretare, acolo unde este necesar; d) consilierea şi informarea, în particular, în ceea ce priveşte drepturile juridice şi serviciile, pe care le au la dispoziţie, într-o limbă pe care o pot înţelege;
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e) asistenţa în exercitarea şi luarea în consideraţie a drepturilor şi intereselor lor la etapele relevante ale pro- cedurilor penale contra infractorilor; f) accesul la educaţie pentru copii. 2. Fiecare Parte va acorda consideraţie necesităţilor victimelor de securitate şi protecţie. 3. Suplimentar, fiecare Parte va oferi asistenţa medicală sau de altă natură necesară victimelor cu statut de reşedinţă legal în teritoriul său şi care nu au resurse adecvate şi au nevoie de o asemenea asistenţă. 4. Fiecare Parte va adopta regulile, prin care victimele cu reşedinţă legală în teritoriul său vor fi autorizate să aibă acces la piaţa forţei de muncă, la instruire profesională şi la educaţie. 5. Acolo unde este potrivit şi în condiţiile stipulate de normele sale interne, fiecare Parte va lua măsuri pen- tru cooperarea cu organizaţiile neguvernamentale, alte organizaţii relevante, şi cu alte elemente ale societăţii civile, angajate în asistarea victimelor. 6. Fiecare Parte va adopta asemenea măsuri legislative şi de altă natură, care sunt necesare pentru a asigura că asistenţa acordată victimei nu este condiţionată de dorinţa acesteia de a depune mărturii. 7. Pentru implementarea prevederilor acestui articol, fiecare Parte va asigura că serviciile sunt prestate pe baze consensuale şi în temeiul unei prealabile informări, avînd în vedere nevoile speciale ale persoanei vulne- rabile şi drepturile copiilor în termeni de cazare, educare şi ocrotire a sănătăţii.
Articolul 13. Perioada de redresare şi reflecţie 1. Fiecare Parte va prevedea în legile sale interne o perioadă de redresare şi reflecţie de cel puţin 30 de zile, dacă există temeiuri serioase de a crede că persoana în cauză este victimă. O asemenea perioadă va fi suficien- tă pentru persoana în cauză, pentru a se redresa şi a scăpa de sub influenţa traficanţilor şi/sau pentru a lua o decizie informată asupra cooperării cu autorităţile competente. În această perioadă nu va fi posibil să se pună în aplicare vreun ordin de expulzare privind această persoană. Această prevedere nu afectează activităţile des- făşurate de către autorităţile competente la toate fazele procedurii naţionale relevante şi, în particular, în cursul anchetării şi urmăririi infracţiunilor respective. În această perioadă, Părţile le vor permite persoanelor implica- te să rămînă pe teritoriul lor. 2. În această perioadă, persoanele prevăzute în alineatul 1 al acestui Articol vor fi în drept să pretindă la măsurile prevăzute de Articolul 12, alineatele 1 şi 2. 3. Părţile nu sunt obligate să respecte acest termen, dacă o reclamă considerentele de ordine publică sau dacă s-a stabilit că statutul de victimă este pretins fără temei.
Articolul 14. Permisul de şedere 1. Fiecare Parte va elibera victimelor permise de şedere cu posibilitate de reînnoire, în una din următoarele două situaţii sau în ambele: a) autoritatea competentă consideră că şederea este necesară, dată fiind situaţia persoanei; b) autoritatea competentă consideră că şederea este necesară în scopul cooperării persoanei cu autorităţile competente să desfăşoare ancheta sau procedurile penale. 2. Permisul de şedere pentru victimele minore, dacă este necesar, va fi eliberat în conformitate cu interesele superioare ale copilului şi, acolo unde este potrivit, va fi reînnoit în aceleaşi condiţii. 3. Refuzul de reînnoire sau retragerea permisului de şedere este supusă condiţiilor prevăzute de dreptul intern al Părţii. 4. Dacă victima solicită un alt tip de permis de şedere, Partea implicată va lua în consideraţie dacă persoana deţine sau a deţinut un permis de şedere, în conformitate cu alineatul 1. 5. Avînd în vedere obligaţiile Părţilor la care se referă Articolul 40 al prezentei Convenţii, fiecare Parte va asigura eliberarea unui permis în baza acestui Articol, nu afectează dreptul de a solicita şi obţine azil.
Articolul 15. Compensarea şi remedierea juridică 1. Fiecare Parte va asigura că victimele au acces, de la primul contact cu autorităţile competente, la informa- ţia asupra procedurilor judiciare şi administrative, într-o limbă pe care o pot înţelege. 2. Fiecare Parte va prevedea în dreptul său intern dreptul la asistenţă juridică şi la ajutor legal gratuit pentru victime, în condiţiile stabilite de dreptul intern. 3. Fiecare Parte va prevedea în dreptul său intern dreptul victimelor la compensaţie din partea infractorilor.
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4. Fiecare Parte va adopta măsuri legislative sau de altă natură, necesare pentru a garanta compensarea vic- timelor, în conformitate cu condiţiile dreptului său intern, spre exemplu, prin crearea unui fond de compensare a victimelor sau prin măsuri şi programe, destinate să ofere victimelor asistenţă socială şi integrare socială, care ar putea fi finanţate din bunurile rezultate din aplicarea prevederilor Articolului 23.
Articolul 16. Repatrierea şi întoarcerea victimelor 1. Partea, a cărei cetăţean este victima sau în care victima îşi avea dreptul de reşedinţă permanentă la mo- mentul intrării pe teritoriul Părţii recipiente va facilita şi accepta întoarcerea sa, cu o consideraţie corespunză- toare acordată drepturilor, securităţii şi demnităţii victimei, şi fără o întîrziere exagerată sau nerezonabilă. 2. Cînd Partea returnează victima într-un Stat, este preferabil ca o asemenea returnare să fie benevolă şi să ia în consideraţie drepturile, securitatea şi demnitatea persoanei, precum şi statutul procedurilor legale privitoare la faptul că persoana este victimă. 3. La cererea Părţii recipiente, Partea căreia i s-a adresat solicitarea va verifica dacă persoana este cetăţeanul ei sau dacă avea drept de reşedinţă permanentă pe teritoriul său, la momentul intrării pe teritoriul Părţii recipiente. 4. Pentru a facilita întoarcerea victimei care nu are asupra sa documentele corespunzătoare, Partea al cărei cetăţean este victima sau în care victima avea drept de reşedinţă permanentă la momentul intrării pe teritoriul Părţii recipiente, va consimţi să elibereze, la solicitarea Părţii recipiente, asemenea documente de călătorie sau alte autorizaţii, care sunt necesare pentru a face posibilă călătoria persoanei şi reintrarea acesteia pe teritoriul său. 5. Fiecare Parte va adopta măsuri legislative sau de altă natură necesare pentru crearea unor programe de repatriere, implicînd instituţii naţionale şi internaţionale relevante şi organizaţii neguvernamentale. Aceste programe au drept obiectiv prevenirea victimizării repetate. Fiecare Parte trebuie să depună toate eforturile posibile pentru a favoriza reintegrarea victimelor în societatea Statului de întoarcere, inclusiv reintegrarea în sistemul educaţional şi piaţa forţei de muncă, în particular, prin obţinerea şi perfecţionarea abilităţilor profesi- onale. În ceea ce priveşte copiii, aceste programe trebuie să includă exercitarea dreptului la educaţie şi măsuri de asigurare a unei îngrijiri adecvate sau primirea de către familie sau de către structurile de îngrijire adecvate. 6. Fiecare Parte va adopta măsuri legislative sau de altă natură necesare pentru a oferi victimelor, dacă este necesar – în cooperare cu cealaltă Parte implicată, informaţia de contact a structurilor care le pot oferi asistenţă în ţara în care au fost returnate sau repatriate, cum ar fi ofiţerii organelor de ocrotire a normelor de drept, or- ganizaţiile neguvernamentale, profesioniştii juridici, capabili să ofere consiliere, şi agenţiile de protecţie socială. 7. Victimele minore nu vor fi returnate într-un anumit Stat, dacă, în urma unei evaluări a riscurilor şi secu- rităţii, există indicaţii că o asemenea întoarcere nu ar fi în interesele superioare ale copilului.
Articolul 17. Egalitatea genurilor La aplicarea măsurilor prevăzute de prezentul Capitol, fiecare Parte va tinde să promoveze egalitatea sexelor şi va folosi egalizarea dintre sexe la elaborarea, implementarea şi evaluarea măsurilor întreprinse.
Capitolul IV Dreptul penal material Articolul 18 – Criminalizarea traficului de fiinţe umane Fiecare Parte va adopta măsuri legislative sau de altă natură, necesare pentru calificarea în calitate de infrac- ţiune penală a conduitei menţionate în Articolul 4 al prezentei Convenţii, atunci cînd aceasta este intenţionată.
Articolul 19. Criminalizarea folosirii serviciilor unei victime Fiecare Parte va acorda consideraţie adoptării unor măsuri legislative sau de altă natură, necesare pentru calificarea în calitate de infracţiune penală, în cadrul dreptului său intern, a folosirii serviciilor ce sunt obiectul exploatării, în conformitate cu Articolul 4 alineatul a) al prezentei Convenţii, fiind în cunoştinţă de faptul că persoana este o victimă a traficului trafic de fiinţe umane.
Articolul 20. Criminalizarea actelor privind documentele de călătorie şi identitate Fiecare Parte va adopta măsuri legislative sau de altă natură necesare pentru calificarea în calitate de infrac- ţiune penală a următoarelor acţiuni, atunci cînd sunt comise intenţionat şi în scopul de a face posibil traficul de fiinţe umane:
11 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
a. falsificarea unui document de călătorie sau identitate; b. procurarea sau oferirea unui asemenea document; c. reţinerea, sustragerea, tăinuirea, deteriorarea sau distrugerea unui document de călătorie sau identitate al unei alte persoane.
Articolul 21. Tentativa, favorizarea sau instigarea 1. Fiecare Parte va adopta măsuri legislative sau de altă natură necesare pentru calificarea ca infracţiuni penale, în cazul comiterii intenţionate, favorizarea sau instigarea la comiterea oricărei infracţiuni, stabilite în conformitate cu Articolele 18 şi 20 ale prezentei Convenţii. 2. Fiecare Parte va adopta măsuri legislative sau de altă natură, necesare pentru calificarea în calitate de infracţiune penală, în cazul comiterii intenţionate, a tentativei de comitere a infracţiunilor, stabilite în confor- mitate cu Articolele 18 şi 20 ale prezentei Convenţii.
Articolul 22. Răspunderea persoanelor juridice 1. Fiecare Parte va adopta măsuri legislative sau de altă natură necesare pentru a asigura că o persoană juri- dică poate fi trasă la răspundere pentru o infracţiune, stabilită în conformitate cu prezenta Convenţie, comisă în beneficiul acesteia de către orice persoană fizică, acţionînd fie personal, fie în calitate de organ al persoanei juridice, care are o poziţie de conducere în cadrul persoanei juridice în baza: a. împuternicirilor de reprezentare a acelei persoane juridice; b. autorităţii de luare a deciziilor din numele acelei persoane juridice; c. autorităţii de exercitare a controlului în cadrul acelei persoane juridice. 2. În afară de cazurile prevăzute în alineatul 1, fiecare Parte va lua măsurile necesare pentru a asigura că persoa- na juridică poate fi trasă la răspundere pentru lipsa supraveghere sau control asupra persoanei fizice, menţionate în alineatul 1, ceea ce a făcut posibilă comiterea unei infracţiuni, stabilite în conformitate cu prezenta Convenţie, în beneficiul acelei persoane juridice, de către persoana fizică, acţionînd sub autoritatea persoanei juridice. 3. În dependenţă de principiile juridice ale Părţii, răspunderea persoanei juridice poate fi penală, civilă sau administrativă. 4. O asemenea răspundere nu va afecta răspunderea penală a persoanelor fizice, care au comis infracţiunea.
Articolul 23. Sancţiuni şi măsuri 1. Fiecare Parte va adopta măsuri legislative sau de altă natură necesare pentru a asigura că infracţiunile sta- bilite în conformitate cu Articolele 18-21 sunt pedepsite prin sancţiuni eficiente, proporţionale şi deconsiliante. Aceste situaţii vor include, pentru infracţiunile stabilite în conformitate cu Articolul 18, comise de persoane fizice, pedepse cu privarea de libertate, care pot duce la extrădare. 2. Fiecare Parte se va asigura că persoanele juridice trase la răspundere în conformitate cu Articolul 22 vor fi supuse unor măsuri sau sancţiuni eficiente, proporţionale şi deconsiliante, penale sau fără natură penală, inclusiv sancţiuni pecuniare. 3. Fiecare Parte va adopta măsuri legislative sau de altă natură, necesare pentru a asigura dreptul de confiscare sau altă privare de instrumentele şi cîştigurile de pe urma comiterii infracţiunilor, stabilite în conformitate cu Ar- ticolele 18 şi 20, alineatul a, ale prezentei Convenţii, sau de ridicare a unor valori corespunzătoare acestor cîştiguri. 4. Fiecare Parte va adopta măsuri legislative sau de altă natură, necesare pentru a asigura închiderea tempo- rară sau permanentă a oricărui stabiliment, care a fost folosit pentru realizarea traficului de fiinţe umane, fără a afecta drepturile terţilor de bună credinţă, sau pentru a împiedica infractorul, temporar sau permanent să-şi exercite activitatea, în cursul căreia a fost comisă infracţiunea.
Articolul 24. Circumstanţele agravante Fiecare Parte va asigura ca următoarele circumstanţe să fie considerate circumstanţe agravante la determi- narea pedepsei pentru infracţiunile, stabilite în conformitate cu Articolul 18 al prezentei Convenţii: a. fapta, intenţionată sau din neglijenţă gravă, a pus în pericol viaţa victimei; b. fapta a fost comisă privitor la un copil; c. fapta a fost comisă de un oficial în exercitarea obligaţiilor sale; d. fapta a fost comisă în cadrul unei organizaţii criminale.
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Articolul 25. Antecedentele penale Fiecare Parte va adopta măsuri legislative sau de altă natură, necesare pentru posibilitatea luării în conside- raţie, la determinarea pedepsei, a condamnărilor definitive, emise de alte Părţi cu privire la infracţiuni, stabilite în conformitate cu prezenta Convenţie.
Articolul 26. Prevederea de nesancţionare În conformitate cu principiile de bază ale propriului sistem juridic, fiecare Parte va asigura posibilitatea nepedepsirii victimelor pentru implicarea lor în activităţi ilegale, în măsura în care ele au fost forţate să o facă.
Capitolul V Cercetarea, urmărirea şi legea procesuală Articolul 27. Sesizări ex parte şi ex officio 1. Fiecare Parte va asigura că cercetarea sau urmărirea infracţiunilor, stabilite în conformitate cu prezenta Convenţie, nu vor fi puse funcţie de o adresare sau acuzare din partea victimei, cel puţin atunci cînd infracţiu- nea fost comisă în tot sau în parte pe teritoriul său. 2. Fiecare Parte va asigura că victimele infracţiunilor, comise în teritoriul unei Părţi, alta decît cea în care îşi au reşedinţa, pot depune o plîngere la autorităţile competente ale Statului de reşedinţă. Autoritatea competentă, în adresa căreia este depusă plîngerea, în măsura în care nu are ea însăşi competenţa de a soluţiona problema, va transmite plîngerea, fără întîrziere, autorităţilor competente ale Părţii, în teritoriul căreia a fost comisă infracţiunea. Plîngerea va fi soluţionată în conformitate cu dreptul intern al Părţii, pe teritoriul căreia a fost comisă infracţiunea. 3. Fiecare Parte va asigura, prin măsuri legislative sau de altă natură, în conformitate cu condiţiile prevăzute de dreptul său intern, posibilitatea asistării şi/sau acordării de sprijin victimelor, cu acordul acestora, oricărui grup, oricărei fundaţii, asociaţii sau organizaţii neguvernamentale, care are drept scop combaterea traficului de fiinţe umane sau apărarea drepturilor omului, în timpul procedurii penale privind infracţiunea, stabilită în conformitate cu Articolul 18 al prezentei Convenţii.
Articolul 28. Protecţia victimelor, martorilor şi a colaboratorilor autorităţilor judiciare 1. Fiecare Parte va adopta măsuri legislative sau de altă natură necesare pentru a asigura o protecţie eficientă şi adecvată împotriva reglării de conturi sau intimidării în timpul şi după cercetarea şi urmărirea infractorilor, în ceea ce priveşte: a) victimele; b) după caz, cei care raportează infracţiunile, stabilite în conformitate cu Articolul 18 al prezentei Convenţii, sau cei care cooperează în orice mod cu autorităţile de cercetare şi urmărire; c) martorii care depun mărturii privind infracţiunile, stabilite în conformitate cu Articolul 18 al prezentei Convenţii; d) după caz, membrii familiei persoanelor menţionate în sub-alineatele (a) şi (c). 2. Fiecare Parte va adopta măsuri legislative sau de altă natură, necesare pentru a asigura şi a oferi diverse tipuri de protecţie. Acestea pot include protecţia corporală, strămutarea, schimbarea identităţii şi sprijinul în găsirea unui loc de lucru. 3. Victima minoră va beneficia de măsuri de protecţie speciale, avînd în vedere interesele superioare ale copilului. 4. Fiecare Parte va adopta măsuri legislative sau de altă natură, necesare pentru a asigura, după caz, protecţia adecvată împotriva potenţialei reglări de conturi sau a intimidării membrilor grupurilor, fundaţiilor, asocia- ţiilor şi organizaţiilor neguvernamentale, care desfăşoară activităţile specificate în Articolul 27, alineatul 3, în particular, în cursul şi după cercetarea şi urmărirea infractorilor. 5. În acordurile şi aranjamentele sale cu alte State, fiecare parte va acorda consideraţie implementării pre- zentului Articol.
Articolul 29. Autorităţile specializate şi organele de coordonare 1. Fiecare Parte va adopta măsurile necesare pentru a asigura că persoanele şi entităţile sunt specializate în lupta contra traficului şi protecţia victimelor. Asemenea persoane sau entităţi vor beneficia de independenţa necesară, în conformitate cu principiile fundamentale ale sistemului juridic al Părţii, pentru a fi apte să funcţi-
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oneze eficient şi liber de orice presiuni. Asemenea persoane sau personalul unor asemenea entităţi vor avea o calificare adecvată şi resurse financiare pentru îndeplinirea sarcinilor. 2. Fiecare Parte va adopta măsurile necesare pentru a asigura coordonarea politicilor şi acţiunilor departa- mentelor lor guvernamentale şi a altor agenţii publice, îndreptate împotriva traficului de fiinţe umane, după caz, prin stabilirea unor organe de coordonare. 3. Fiecare Parte va asigura sau consolida instruirea oficialilor relevanţi în prevenirea şi combaterea traficului de fiinţe umane, inclusiv instruirea în domeniul Drepturilor Omului. Instruirea poate fi adaptată fiecărei agen- ţii şi, după caz, se va centra pe: metodele utilizate la prevenirea traficului, urmărirea traficanţilor şi protejarea drepturilor victimelor, inclusiv protecţia victimelor de traficanţi. 4. Fiecare Parte va acorda consideraţie numirii Raportorilor Naţionali sau stabilirii unor alte mecanisme de monitorizare a activităţilor anti-trafic ale instituţiilor şi a implementării cerinţelor legislaţiei naţionale.
Articolul 30. Procedura judiciară În conformitate cu Convenţia privind Protecţia Drepturilor Omului şi a Libertăţilor Fundamentale, în par- ticular Articolul 6, fiecare Parte va adopta măsurile legislative şi de altă natură, necesare pentru a asigura în cursul procedurii judiciare: a. protecţia vieţii private şi, după caz, a identităţii victimei; b. securitatea victimei şi protecţia ei împotriva intimidării, în conformitate cu condiţiile înaintate de dreptul său intern şi, în cazul victimelor minore, prin acordarea de îngrijire specială necesităţilor copiilor şi asigurarea dreptului lor la măsuri speciale de protecţie.
Articolul 31. Jurisdicţia 1. Fiecare Parte va adopta măsuri legislative sau de altă natură necesare pentru a stabili jurisdicţia asupra unei infracţiuni stabilite în conformitate cu prezenta Convenţie, în cazul în care infracţiunea este comisă: a) pe teritoriul său; sau b) la bordul unei nave, care navighează sub pavilionul Părţii; sau c) la bordul unui avion, înregistrat în conformitate cu legile acelei Părţi; sau d) de unul din cetăţenii sau apatrizii care îşi au reşedinţa obişnuiră pe teritoriul său, dacă infracţiunea este sancţionabilă penal acolo unde a fost comisă sau dacă infracţiunea a fost comisă în afara jurisdicţiei teritoriale a oricărui Stat; e) împotriva unuia dintre cetăţenii săi. 2. La momentul semnării sau la depozitarea instrumentelor sale de ratificare, acceptare, aprobare sau ade- rare, oricare Parte poate declara, printr-o declaraţia adresată Secretarului General al Consiliului Europei, că îşi rezervă dreptul de a nu aplica sau de a aplica doar în cazuri şi condiţii speciale regulile de jurisdicţie prevăzute de alineatul 1 (d) şi (e) al prezentului Articol sau oricare parte a acestuia. 3. Fiecare Parte va adopta măsurile necesare pentru stabilirea jurisdicţiei asupra infracţiunilor la care se re- feră prezenta Convenţie, în cazurile în care presupusul infractor se află pe teritoriul său şi nu este extrădat unei alte Părţi, exclusiv în temeiul cetăţeniei sale, după ce parvine o cerere de extrădare. 4. Cînd mai multe Părţi pretind că au jurisdicţie asupra unei presupuse infracţiuni, stabilite în conformitate cu prezenta Convenţie, Părţile implicate vor organiza consultaţii, după caz, în vederea determinării jurisdicţiei incidente în cea mai mare măsură privind urmărirea. 5. Fără a afecta normele generale ale dreptului internaţional, prezenta Convenţie nu exclude jurisdicţia exer- citată de o Parte în conformitate cu dreptul său intern.
Capitolul VI Cooperarea internaţională şi cooperarea cu societatea civilă Articolul 32. Principiile generale şi măsurile de cooperare internaţională Părţile vor coopera între ele, în conformitate cu prevederile prezentei Convenţii, şi prin aplicarea instru- mentelor internaţionale şi regionale relevante, a aranjamentelor convenite în baza legislaţiei uniforme şi reci- proce şi a legilor interne, în cea mai mare măsură, în scopul:
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- prevenirii şi combaterii traficului de fiinţe umane; - protecţiei şi acordării de asistenţă victimelor; - cercetării şi procedurilor privind infracţiunile stabilite în conformitate cu prezenta Convenţie.
Articolul 33. Măsurile referitoare la persoanele în pericol sau dispărute 1. Cînd, în baza informaţiei disponibile, Partea are temeiuri serioase pentru a crede că viaţa, libertatea sau integritatea fizică a unei persoane, prevăzute de Articolul 28, alineatul 1, se află în pericol imediat pe teritoriul altei Părţi, Partea care dispune de această informaţie, într-un asemenea caz de urgenţă, o va transmite fără înt- îrziere celeilalte Părţi, pentru a fi luate măsurile de protecţie adecvate. 2. Părţile la prezenta Convenţie pot acorda consideraţie cooperării la căutarea persoanelor dispărute, în particular, a copiilor dispăruţi, dacă informaţia disponibilă le oferă temeiuri să creadă că persoana în cauză este victimă a traficului de fiinţe umane. În acest scop, Părţile pot încheia între ele tratate bilaterale sau multilaterale.
Articolul 34. Informaţia 1. Partea solicitată va informa prompt Partea solicitantă despre rezultatul final al acţiunilor luate în temeiul prezentului Capitol. Partea solicitată de asemenea va informa prompt Partea solicitantă despre orice circum- stanţe, care fac imposibilă întreprinderea acţiunii solicitate sau care sunt de natură să provoace o întîrziere considerabilă. 2. În limitele propriului drept intern şi fără o solicitare prealabilă, Partea poate înainta unei alte Părţi infor- maţia obţinută în cadrul propriilor cercetări, în cazul în care consideră că divulgarea unei asemenea informaţii poate ajuta Părţii recipiente să iniţieze sau să desfăşoare cercetări sau proceduri privind infracţiunile penale stabilite în conformitate cu prezenta Convenţie sau poate duce la o solicitare de cooperare de la acea Parte, în conformitate cu prezentul Capitol. 3. Înainte de a oferi o asemenea informaţie, Partea ofertantă poate cere ca aceasta să fie păstrată confiden- ţială sau folosită condiţionat. Dacă Partea recipientă nu poate să respecte această cerinţă, ea va notifica Partea ofertantă, care va decide dacă informaţia trebuie totuşi transmisă. Dacă Partea recipientă acceptă informaţia cu condiţiile impuse, ea va fi obligată să le respecte. 4. Toată informaţia solicitată privind Articolele 13, 14 şi 16, necesară pentru a asigura drepturile conferite de aceste Articole, va fi transmisă la cererea Părţii vizate, fără întîrzieri privind Articolul 11 al prezentei Convenţii.
Articolul 35. Cooperarea cu societatea civilă Fiecare Parte va încuraja autorităţile de stat şi funcţionarii publici să coopereze cu organizaţiile neguverna- mentale, alte organizaţii relevante şi membrii societăţii civile, la stabilirea unor parteneriate strategice, în scopul atingerii obiectivelor prezentei Convenţii.
Capitolul VII Mecanismul de monitorizare Articolul 36. Grupul de experţi pentru acţiuni contra traficului de fiinţe umane 1. Grupul de experţi pentru acţiuni contra traficului de fiinţe umane (denumit în continuare “GRETA”), va monitoriza implementarea prezentei Convenţii de către Părţi. 2. GRETA va consta din cel puţin 10 membri şi cel mult 15 membri, luînd în consideraţie echilibrul gender şi geografic, precum şi experienţa multidisciplinară. Ei vor fi aleşi de către Comitetul Părţilor pentru un mandat de 4 ani, realeşi în întregime, selectaţi dintre cetăţenii Statelor-Părţi la prezenta Convenţie. 3. Alegerea membrilor GRETA se va întemeia pe următoarele principii: a. ei vor fi selectaţi dintre persoanele cu înalte calităţi morale, cu calificare recunoscută în domeniile Dreptu- rilor Omului, asistenţei şi protecţiei victimelor şi al acţiunii contra traficului de fiinţe umane sau cu experienţă profesională în sferele de preocupare ale prezentei Convenţii; b. ei îşi vor exercita mandatul personal şi vor fi independenţi şi impersonali în exerciţiul funcţiunii, şi vor fi disponibili să-şi exercite obligaţiile într-o manieră eficientă; c. cetăţenia nici unuia dintre membrii GRETA nu poate coincide cu cetăţenia altui membru; d. ei trebuie să reprezinte principalele sisteme de drept.
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4. Procedura de alegere a membrilor GRETA poate fi determinată de Comitetul de Miniştri, după consulta- rea şi obţinerea acordului unanim al Părţilor la Convenţie, într-un termen de un an după intrarea în vigoare a prezentei Convenţii. GRETA îşi va adopta propriile norme de procedură.
Articolul 37. Comitetul Părţilor 1. Comitetul Părţilor va consta din reprezentanţii Comitetului de Miniştri al Consiliului Europei, ţinînd de Statele-Părţi la Convenţie şi din reprezentanţii Părţilor la Convenţie, care nu sunt membri ai Consiliului Europei. 2. Comitetul Părţilor va fi convocat de către Secretarul General al Consiliului Europei. Prima sa şedinţă va avea loc în decurs de un an după intrarea în vigoare a prezentei Convenţii, în vederea alegerii membrilor GRETA. Ulterior, se va convoca ori de cîte ori o vor cere o treime din Părţi, Preşedintele GRETA sau Secretarul General. 3. Comitetul Părţilor îşi va adopta propriile norme de procedură.
Articolul 38. Procedura 1. Procedura de evaluare va viza Părţile la prezenta Convenţie şi va fi împărţită în runde, a căror durată va fi determinată de GRETA. La debutul fiecărei runde, GRETA va selecta prevederile speciale pe care se va baza procedura de evaluare. 2. GRETA va defini cele mai adecvate mijloace de realizare a evaluării. GRETA poate, în particular, să adopte cîte un chestionar pentru fiecare rundă de evaluare, care poate servi ca bază pentru evaluarea implementării de către Părţi a prezentei Convenţii. Un asemenea chestionar se va adresa tuturor Părţilor. Părţile vor răspunde la chestionar, precum şi la orice altă solicitare de informaţie din partea GRETA. 3. GRETA poate solicita informaţie de la societatea civilă. 4. În subsidiar, GRETA poate organiza, în cooperare cu autorităţile naţionale şi „persoana de contact” nu- mită de acestea, şi, după caz, cu asistenţă din partea experţilor naţionali independenţi, vizite în ţară. În cursul acestor vizite, GRETA poate fi asistată de specialişti în domenii concrete. 5. GRETA va pregăti un proiect de raport, conţinînd analiza privind implementarea prevederilor pe care se bazează evaluarea, la fel ca şi sugestiile şi propunerile sale privind modul în care Părţile vizate pot să soluţioneze problemele identificate. Proiectul raportului va fi transmis pentru comentarii Părţii, care este supusă evaluării. Comentariile sale vor luate în consideraţie de către GRETA la întocmirea raportului. 6. Pe acest temei, GRETA va adopta propriul raport şi concluziile privind măsurile luate de către Partea vizată în vederea implementării prevederilor prezentei Convenţii. Acest raport şi concluziile vor fi trimise Păr- ţii vizate şi Comitetului Părţilor. Raportul şi concluziile GRETA vor fi publicate după adoptare, împreună cu eventualele comentarii ale Părţii vizate. 7. Fără a afecta procedura din alineatele 1-6 ale prezentului articol, Comitetul Părţilor va adopta, în baza rapor- tului şi concluziilor GRETA, recomandări adresate Părţii (a) privind măsurile ce urmează a fi luate pentru a imple- menta concluziile GRETA, stabilind, după caz, o dată pentru prezentarea informaţiei privind implementarea lor, şi (b) îndreptate spre promovarea cooperării cu Partea, în vederea implementării cuvenite a prezentei Convenţii.
Capitolul VIII Raporturile cu alte instrumente internaţionale Articolul 39. Raportul cu Protocolul privind prevenirea, reprimarea şi pedepsirea traficului de persoane, în special al femeilor si copiilor, adiţional la Convenţia Naţiunilor Unite împotriva criminalităţii transnaţionale organizate Prezenta Convenţie nu va afecta drepturile şi obligaţiile derivate din prevederile Protocolului privind pre- venirea, reprimarea şi pedepsirea traficului de persoane, în special al femeilor şi copiilor, adiţional la Convenţia Naţiunilor Unite împotriva criminalităţii transnaţionale organizate, şi este intenţionată să sporească protecţia oferită de acesta şi să dezvolte standardele pe care le conţine.
Articolul 40. Raporturile cu alte instrumente internaţionale 1. Prezenta Convenţie nu va afecta drepturile şi obligaţiile derivate din alte instrumente internaţionale, la care Părţile la prezenta Convenţie sunt sau vor deveni Părţi, care conţin prevederi asupra unor chestiuni regle- mentate de prezenta Convenţie şi sporesc protecţia şi asistenţa acordată victimelor traficului.
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2. Părţile la Convenţie pot încheia între ele acorduri bilaterale sau multilaterale privind chestiunile, regle- mentate de prezenta Convenţie, în scopul suplimentării sau consolidării prevederilor ei sau facilitării aplicării principiilor pe care le conţine. 3. Părţile care sunt membri ai Uniunii Europene, în relaţiile lor reciproce, vor aplica regulile comunitare şi ale Uniunii Europene, în măsura în care există reguli comunitare şi ale Uniunii Europene ce reglementează subiectul concret şi aplicabil într-un anume caz, fără a afecta obiectul şi scopul prezentei Convenţii, şi fără a împiedica aplicarea sa în volum deplin de alte Părţi. 4. Nimic din această Convenţie nu va afecta drepturile, obligaţiile şi responsabilităţile Statelor şi persoane- lor, în virtutea normelor internaţionale, inclusiv dreptul internaţional umanitar şi drepturile internaţionale ale omului şi, în particular, în măsura aplicabilităţii, Convenţia din 1951 şi Protocolul din 1967 privind Statutul Refugiaţilor şi principiul interdicţiei de expulzare pe care acesta îl conţine.
Capitolul IX Modificarea Convenţiei Articolul 41. Modificări 1. Orice propunere de modificare a prezentei Convenţii, prezentate de către o Parte, va fi comunicată Secre- tarului General al Consiliului Europei şi înaintate de către acea Parte Statelor-Membre ale Consiliului Europei, oricărui semnatar, oricărui Stat-Parte, oricărui Stat, invitat să semneze Convenţia, în conformitate cu prevederile Articolului 42, şi oricărui Stat, invitat să adere la prezenta Convenţie, în conformitate cu prevederile Articolului 43. 2. Orice modificare propusă de una din Părţi va fi comunicată către GRETA, care va prezenta Comitetului de Miniştri opinia sa privind modificarea propusă. 3. Comitetul de Miniştri va lua în consideraţie modificarea propusă şi opinia remisă de GRETA şi, după consultarea Părţilor la prezenta Convenţie şi după obţinerea acordului unanim, va adopta modificarea. 4. Textul modificării adoptat de Comitetul de Miniştri în conformitate cu alineatul 3 al prezentului Articol va fi înaintat Părţilor pentru acceptare. 5. Orice modificare adoptată în conformitate cu alineatul 3 al prezentului Articol va intra în vigoare în pri- ma zi a lunii următoare după expirarea perioadei de o lună după data la care toate părţile au informat Secretarul General despre acceptarea ei.
Capitolul X Clauze finale Articolul 42. Semnarea şi intrarea în vigoare 1. Prezenta Convenţie va fi deschisă pentru semnare de către Statele-membre ale Consiliului Europei, state- le, care nu sunt membre şi au participat la elaborarea ei, şi de către Comunitatea Europeană. 2. Prezenta Convenţie este supusă ratificării, acceptării sau aprobării. Instrumentele de ratificare, acceptare sau aprobare vor fi depozitate la Secretarul General al Consiliului Europei. 3. Prezenta Convenţie va intra în vigoare în prima zi a lunii următoare expirării unei perioade de trei luni de la data la care 10 Semnatari, inclusiv cel puţin 8 State-membre ale Consiliului Europei, şi-au exprimat acordul de a fi obligaţi prin Convenţie, în conformitate cu prevederile alineatului precedent. 4. În ceea ce priveşte orice Stat, menţionat în alineatul 1, sau Comunitatea Europeană, care îşi exprimă ulteri- or acordul de a fi obligat prin Convenţie, aceasta va intra în vigoare în prima zi a lunii următoare expirării unei perioade de trei luni după data depozitării instrumentelor sale de ratificare, acceptare sau aprobare.
Articolul 43. Aderarea la Convenţie 1. Ulterior intrării în vigoare a Convenţiei, după consultări cu Părţile la prezenta Convenţie şi după obţi- nerea acordului unanim al acestora, Comitetul Miniştrilor al Consiliului Europei va invita Statul, care nu este membru al Consiliului Europei şi care nu a participat la elaborarea Convenţiei, să adere la prezenta Convenţie, printr-o decizie, luată de majoritatea prevăzută la Articolul 20 d. al Statutului Consiliului Europei, şi prin votul unanim al reprezentanţilor Statelor Contractante, cu drept de a participa la Comitetul de Miniştri.
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2. Cu privire la Statul care aderă, Convenţia va intra în vigoare în prima zi a lunii următoare expirării unei perioade de trei luni după data depozitării instrumentelor sale de aderare la Secretarul General al Consiliului Europei.
Articolul 44. Aplicarea teritorială 1. Orice Stat sau Comunitatea Europeană poate, la momentul semnării sau depozitării propriilor instru- mente de ratificare, acceptare, aprobare sau aderare, să specifice teritoriul sau teritoriile în care se va aplica prezenta Convenţie. 2. Orice Parte poate, la orice moment ulterior, printr-o declaraţie adresată Secretarului General al Consiliu- lui Europei, să extindă aplicarea prezentei Convenţii la orice teritoriu, specificat în declaraţie şi pentru ale cărui relaţii internaţionale este responsabilă sau din numele căruia este autorizată să asume obligaţii. Cu privire la un asemenea teritoriu, Convenţia va intra în vigoare în prima zi a lunii următoare expirării unei perioade de trei luni după data primirii unei asemenea declaraţii de către Secretarul General. 3. Orice declaraţie, înaintată în virtutea celor două alineate precedente, poate, cu privire la teritoriul specifi- cat în declaraţie, să fie retrasă printr-o notificare adresată Secretarului General al Consiliului Europei. Retrage- rea va deveni valabilă în prima zi a lunii următoare expirării unei perioade de trei luni după data primirii unei asemenea notificări de către Secretarul General.
Articolul 45. Rezerve Nici o rezervă nu poate fi făcută la prezenta Convenţie, cu excepţia Articolului 31, alineatul 2.
Articolul 46. Denunţarea 1. Orice Parte poate, la orice moment, să denunţe prezenta Convenţie printr-o notificare adresată Secreta- rului General al Consiliului Europei. 2. O asemenea denunţare va intra în vigoare în prima zi a lunii următoare expirării unei perioade de trei luni după data primirii unei asemenea notificări de către Secretarul General.
Articolul 47. Notificarea Secretarul General al Consiliului Europei va notifica Statele-Membre ale Consiliului Europei, orice Stat semnatar, Comunitatea Europeană, orice Stat invitat să semneze prezenta Convenţie, în conformitate cu pre- vederile Articolului 42 şi orice Stat invitat să adere la prezenta Convenţie în conformitate cu Articolul 43 cu privire la: a. orice act de semnare; b. depozitarea oricărui instrument de ratificare, acceptare, aprobare sau aderare; c. orice dată de intrare în vigoare a prezentei Convenţii, în conformitate cu Articolele 42 şi 43; d. orice modificare adoptată în conformitate cu Articolul 41 şi orice dată la care o asemenea modificare intră în vigoare; e. orice denunţare, realizată în conformitate cu prevederile Articolului 46; f. orice alt act, notificare sau comunicare privind prezenta Convenţie g. orice rezervă înaintată în conformitate cu Articolul 45.
Întru confirmarea celor de mai sus, subsemnaţii, fiind împuterniciţi corespunzător, au semnat prezenta Convenţie. Întocmită la Varşovia, la data de 16 a lunii mai 2005, în engleză şi franceză, ambele texte avînd o autentici- tate identică, într-un singur original, care va fi depozitat la arhivele Consiliului Europei. Secretarul General al Consiliului Europei va transmite copii autentificate fiecărui stat-membru al Consiliului Europei, statelor care nu sunt membre şi care au participat la elaborarea prezentei Convenţii, Comunităţii Europene şi oricărui stat, invitat să adere la prezenta Convenţie.
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2. Convenţia Naţiunilor Unite privind Eliminarea Tuturor Formelor de Discriminare faţă de Femei* şi Protocolul Opţional
CONVENŢIA ASUPRA ELIMINĂRII TUTUROR FORMELOR DE DISCRIMINARE FAŢĂ DE FEMEI** (CEDAW)
Statele părţi la prezenta Convenţie, Luând notă că în Carta Naţiunilor Unite se reafirmă încrederea în drepturile fundamentale ale omului, în demnitatea şi valoarea persoanei umane, în egalitatea drepturilor bărbatului şi femeii, Luând notă că Declaraţia Universală a Drepturilor Omului afirmă principiul nediscriminării şi procla- mă că toate fiinţele umane se nasc libere şi egale în demnitate şi drepturi şi că fiecare om poate să se pre- valeze de toate drepturile şi libertăţile enunţate în acest document, fără nici o deosebire, îndeosebi de sex, Luând notă că statele părţi la pactele internaţionale ale drepturilor omului au obligaţia să asigure egali- tatea drepturilor bărbatului şi femeii în exercitarea tuturor drepturilor economice, sociale, culturale, civile şi politice, Luând în considerare convenţiile internaţionale încheiate sub egida Organizaţiei Naţiunilor Unite şi instituţiilor specializate în vederea promovării egalităţii drepturilor bărbatului şi femeii, Luând notă, de asemenea, de rezoluţiile, declaraţiile şi recomandările adoptate de Organizaţia Naţiuni- lor Unite şi instituţiile specializate în vederea promovării egalităţii drepturilor bărbatului şi femeii, Preocupate în acelaşi timp de constatarea că, în pofida acestor diverse instrumente, femeile continuă să facă obiectul unor importante discriminări, Reamintind că discriminarea faţă de femei violează principiile egalităţii în drepturi şi respectului dem- nităţii umane, că ea împiedică participarea femeilor, în aceleaşi condiţii ca bărbaţii, la viaţa politică, socială, economică şi culturală din ţara lor, creează obstacole creşterii bunăstării societăţii şi a familiei şi împiedică femeile să-şi servească ţara şi omenirea în deplinătatea posibilităţilor lor, Preocupate de faptul că, în situaţiile de sărăcie, femeile au un acces minim la alimentaţie, servicii me- dicale, educaţie, pregătire profesională, precum şi la angajarea în muncă şi la satisfacerea altor necesităţi, Convinse că instaurarea unei noi ordini economice internaţionale, bazată pe echitate şi justiţie, va con- tribui în mod semnificativ la promovarea egalităţii între bărbat şi femeie, Subliniind că eliminarea apartheidului, a tuturor formelor de rasism, a discriminării rasiale, colonialis- mului, neocolonialismului, agresiunii, ocupaţiei şi dominaţiei străine, a amestecului în treburile interne ale statelor este indispensabilă exercitării depline de către bărbat şi femeie a drepturilor lor, Afirmând că întărirea păcii şi securităţii internaţionale diminuarea încordării internaţionale, coopera- rea dintre toate statele, indiferent de sistemele lor sociale şi economice, dezarmarea generală şi completă şi, îndeosebi, dezarmarea nucleară sub control internaţional strict şi eficace, afirmarea principiilor justiţiei, egalităţii şi avantajului reciproc în relaţiile dintre ţări şi înfăptuirea dreptului popoarelor aflate sub domi- naţie străină şi colonială şi sub ocupaţie străină la autodeterminare şi la independenţă, precum şi respectul suveranităţii naţionale şi al integrităţii teritoriale vor favoriza progresul social şi dezvoltarea şi vor contri- bui, în consecinţă, la realizarea deplinei egalităţi între bărbat şi femeie, Convinse că dezvoltarea completă a unei ţări, bunăstarea lumii şi cauza păcii cer participarea deplină a femeilor, în condiţii de egalitate cu bărbaţii, în toate domeniile,
* Adoptată de Comitetul privind eliminarea discriminării faţă de femei, Sesiunea treizeci şi şase, 7-25 august 2006-10-23 ** Adoptată şi deschisă spre semnare de Adunarea generală a Naţiunilor Unite prin Rezoluţia 34/180 din 18 decembrie 1979. Intrată în vigoare la 3 septembrie 1981, conform dispoziţiilor art. 27(1.). Ratificată de către Parlamentul Republicii Moldova conform Hotărîrii nr. 87-XII din 28 aprilie 1994. În vigoare pentru Republicii Moldova din 31 iulie 1994.
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Având în vedere însemnătatea contribuţiei femeilor la bunăstarea familiei, în progresul societăţii, care până în prezent nu a fost pe deplin recunoscută, ca şi importanţa socială a maternităţii, precum şi rolul părinţilor în familie şi în educarea copiilor, şi conştiente de faptul că rolul femeii în procreare nu trebuie să fie o cauză de discriminare şi că educarea copiilor necesită o împărţire a responsabilităţilor între bărbaţi, femei şi societate în ansamblul său, Conştiente că rolul tradiţional al bărbatului în familie şi societate trebuie să evolueze în aceeaşi măsură cu acela al femeii, dacă se doreşte să se ajungă la o egalitate reală a bărbatului şi a femeii, Hotărâte să pună în aplicare principiile enunţate în Declaraţia asupra eliminării discriminării faţă de femei şi pentru aceasta să adopte măsurile necesare pentru eliminarea acestei discriminări sub toate for- mele şi manifestările ei, Au convenit asupra celor ce urmează:
PARTEA ÎNTÂI Articolul 1 În termenii prezentei Convenţii, expresia discriminare faţă de femei vizează orice diferenţiere, excludere sau restricţie bazată pe sex, care are drept efect sau scop să compromită ori să anihileze recunoaşterea, beneficiul şi exercitarea de către femei, indiferent de starea lor matrimonială, pe baza egalităţii dintre bărbat şi femeie, a drepturilor omului şi libertăţilor, fundamentale, în domeniile politic, economic, social, cultural şi civil sau în orice alt domeniu.
Articolul 2 Statele părţi condamnă discriminarea faţă de femei sub toate formele sale, convin să ducă prin toate mijloacele adecvate şi fără întârziere o politică vizând să elimine discriminarea faţă de femei şi, în acest scop, se angajează: a) să înscrie în constituţia lor naţională sau în alte dispoziţii legislative corespunzătoare principiul egalităţii bărbaţilor şi femeilor, în măsura în care acest lucru nu a fost deja efectuat, şi să asigure, pe cale legislativă sau pe alte căi adecvate, aplicarea efectivă a acestui principiu; b) să adopte măsuri legislative şi alte măsuri corespunzătoare, inclusiv sancţiuni în caz de nevoie, care să interzică orice discriminare faţă de femei; c) să instituie o protecţie pe cale jurisdicţională a drepturilor femeilor pe bază de egalitate cu bărbaţii şi să garanteze prin intermediul tribunalelor naţionale competente şi al altor instituţii publice protecţia efectivă a femeilor împotriva oricărui act discriminatoriu; d) să se abţină de la orice act sau practică discriminatorie faţă de femeie şi să asigure ca autorităţile şi insti- tuţiile publice să se conformeze acestei obligaţii; e) să ia toate măsurile corespunzătoare pentru eliminarea discriminării faţă de femei de către o persoană, o organizaţie sau o întreprindere oricare ar fi aceasta; f) să ia toate măsurile corespunzătoare, inclusiv prin dispoziţiile legislative, pentru modificarea sau abroga- rea oricărei legi, dispoziţii, cutume sau practici care constituie o discriminare faţă de femei; g) să abroge toate dispoziţiile penale care constituie o discriminare faţă de femei.
Articolul 3 Statele părţi iau în toate domeniile - politic, social, economic şi cultural - toate măsurile corespunzătoare, inclusiv prin dispoziţii legislative, pentru a asigura deplina dezvoltare şi progresul femeilor, în scopul de a le garanta exercitarea şi beneficiul drepturilor omului şi libertăţilor fundamentale, pe baza egalităţii cu bărbaţii.
Articolul 4 1. Adoptarea de către statele părţi a unor măsuri temporare speciale, menite să accelereze instaurarea egalităţii în fapt între bărbaţi şi femei, nu este considerată cu un act de discriminare în sensul definiţiei din prezenta Con- venţie, dar nu trebuie ca aceasta să aibă drept consecinţă menţinerea unor norme inegale sau diferenţiate; aceste măsuri trebuie să fie abrogate de îndată ce au fost realizate obiectivele în materie de egalitate de şanse şi tratament. 2. Adoptarea de către statele părţi a unor măsuri speciale, inclusiv cele prevăzute în prezenta Convenţie, care au drept scop ocrotirea maternităţii, nu este considerată ca un act discriminatoriu.
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Articolul 5 Statele părţi vor lua toate măsurile corespunzătoare pentru: a) a modifica schemele şi metodele de comportament social şi cultural al bărbatului şi femeii, pentru a se ajunge la eliminarea prejudecăţilor şi practicilor cutumiare sau de altă natură care sunt bazate pe ideea de infe- rioritate sau superioare a unui sex, sau pe imaginea şablon privind rolul bărbatului sau al femeii; b) a asigura ca educaţia în familie să contribuie la o înţelegere clară a faptului că maternitatea este o funcţie socială şi recunoaşterea responsabilităţii comune a bărbatului şi femeii în creşterea şi educarea copiilor şi în asigurarea dezvoltării lor, ţinând seama că interesul copilului este condiţia primordială în toate cazurile.
Articolul 6 Statele părţi vor lua toate măsurile adecvate, inclusiv pe plan legislativ, pentru reprimarea sub toate formele existente a traficului de femei şi a exploatării prostituării femeii.
PARTEA A DOUA Articolul 7 Statele părţi vor lua toate măsurile necesare pentru eliminarea discriminării faţă de femei în viaţa politică şi publică a ţării şi, în special, pentru a le asigura, în condiţii de egalitate cu bărbaţii: a) dreptul de a vota la toate alegerile şi referendumurile publice şi de a fi alese în toate organismele eligibile în mod public; b) dreptul de a lua parte la elaborarea politicii statului şi la punerea acesteia în aplicare, de a ocupa funcţii publice şi a exercita toate funcţiile publice la toate eşaloanele de guvernământ; c) dreptul de a participa în organizaţiile şi asociaţiile neguvernamentale care activează în viaţa publică şi politică a ţării.
Articolul 8 Statele părţi vor lua toate măsurile necesare pentru ca femeile să aibă posibilitatea, în condiţii de egalitate cu bărbaţii şi fără discriminare, de a reprezenta guvernul lor pe plan internaţional şi de a participa la activităţile organizaţiilor internaţionale.
Articolul 9 1. Statele părţi vor acorda femeilor drepturi egale cu cele ale bărbaţilor în ceea ce priveşte dobândirea, schimbarea sau păstrarea cetăţeniei. Ele vor garanta îndeosebi că nici căsătoria cu un străin, nici schimbarea cetăţeniei soţului în timpul căsătoriei nu o vor face apatridă şi nici nu o vor obliga să-şi ia cetăţenia soţului. 2. Statele părţi vor acorda femeii drepturi egale cu cele ale bărbatului în ceea ce priveşte cetăţenia copiilor lor.
PARTEA A TREIA Articolul 10 Statele părţi vor lua măsurile corespunzătoare pentru eliminarea discriminării faţă de femei, în scopul de a le asigura drepturi egale cu cele ale bărbatului în ceea ce priveşte educaţia şi, în special, pentru a asigura pe baza egalităţii bărbatului cu femeia: a) aceleaşi condiţii de orientare profesională, de acces la studii şi la obţinerea de diplome în instituţiile de învăţământ la toate categoriile, în zone rurale ca şi în zone urbane, această egalitate trebuind să fie asigurată în învăţământul preşcolar, general, tehnic, profesional şi în învăţământul tehnic superior ca şi în cadrul oricărui alt mijloc de formare profesională; b) accesul la aceleaşi programe, la aceleaşi examene, la un corp didactic posedând o calificare de acelaşi nivel şi la localuri şi echipamente şcolare de aceeaşi calitate; c) eliminarea oricărei concepţii şablon privind rolul bărbatului şi al femeii la toate nivelurile şi în toate formele de învăţământ, prin încurajarea educaţiei mixte şi a altor tipuri de educaţie, care sunt destinate să contribuie la realizarea acestui obiectiv şi, în special, prin revizuirea cărţilor şi programelor şcolare şi adaptarea corespunzătoare a metodelor pedagogice;
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d) aceleaşi posibilităţi în ceea ce priveşte acordarea de burse şi alte subvenţii pentru studii; e) aceleaşi posibilităţi de acces la programele de educaţie permanentă, inclusiv la programele de alfabetizare înde- osebi în vederea reducerii cât mai rapide a oricărei discrepanţe în domeniul instrucţiei publice între bărbat şi femeie; f) reducerea procentului femeilor care îşi abandonează studiile şi organizarea de programe pentru tinerele fete şi pentru femeile care părăsesc şcoala înainte de terminarea ei; g) aceleaşi posibilităţi de a participa activ la sport şi educaţie fizică; h) accesul la informaţiile specifice de ordin educativ, care au drept scop asigurarea sănătăţii şi bunăstării familiilor, inclusiv la informaţiile şi sfaturile referitoare la planificarea familială.
Articolul 11 1. Statele părţi se angajează să ia toate măsurile corespunzătoare pentru eliminarea discriminării faţă de femeie în domeniul angajării în muncă, pentru a se asigura, pe baza egalităţii dintre bărbat şi femeie, aceleaşi drepturi şi, în special: a) dreptul la muncă, ca drept inalienabil pentru toate fiinţele umane; b) dreptul la aceleaşi posibilităţi de angajare în muncă, inclusiv în privinţa aplicării aceloraşi criterii de se- lecţie în materie de angajare; c) dreptul la libera alegere a profesiei şi a locului de muncă, dreptul la promovare, la stabilirea locului de muncă şi la toate facilităţile şi condiţiile de muncă, dreptul la formare profesională şi la reciclare, inclusiv uce- nicie, perfecţionare profesională şi pregătire permanentă; d) dreptul la egalitate de remuneraţie, inclusiv în ceea ce priveşte şi alte avantaje, la egalitate de tratament pentru o muncă de o valoare egală şi, de asemenea, la egalitate de tratament în privinţa calităţii muncii; e) dreptul la securitate socială, în special la pensie, ajutoare de şomaj, de boală, de invaliditate, de bătrâneţe sau pentru orice altă situaţie de pierdere a capacităţii de muncă, ca şi dreptul la concediu plătit; f) la ocrotirea sănătăţii şi la securitatea condiţiilor de muncă, inclusiv la salvgardarea funcţiilor de reproducere. 2. Pentru a preveni discriminarea faţă de femei bazată pe căsătorie sau maternitate şi pentru a le garanta în mod efectiv dreptul la muncă, statele părţi se angajează să ia măsuri corespunzătoare, având drept obiect: a) interzicerea, sau pedeapsa sancţiunilor, a concedierii pentru cauză de graviditate sau concediu de mater- nitate şi a discriminării în ceea ce priveşte concedierile bazate pe statutul matrimonial; b) instituirea acordării concediului de maternitate plătit sau care ar crea drepturi la prestări sociale similare, cu garantarea menţinerii locului de muncă avut anterior, a drepturilor de vechime şi a avantajelor sociale; c) încurajarea creării de servicii sociale de sprijin, necesare pentru a permite părinţilor să-şi combine obliga- ţiile familiale cu responsabilităţile profesionale şi cu participarea la viaţa publică, favorizând îndeosebi crearea şi dezvoltarea unei reţele de grădiniţe de copii; d) asigurarea unei protecţii speciale pentru femeile însărcinate, pentru care s-a dovedit că munca le este nocivă. 3. Legile care au drept scop să ocrotească femeile în domeniile vizate prin prezentul articol vor fi revăzute pe- riodic, în funcţie de cunoştinţele ştiinţifice şi tehnice, vor fi revizuite, abrogate sau extinse, în funcţie de necesităţi.
Articolul 12 1. Statele părţi vor lua toate măsurile necesare pentru eliminarea discriminării faţă de femei în domeniul să- nătăţii, pentru a le asigura, pe baza egalităţii între bărbat şi femeie, mijloace de a avea acces la serviciile medicale, inclusiv la cele referitoare la planificarea familială. 2. Independent de prevederile paragrafului 1, statele părţi vor asigura pentru femei în timpul gravidităţii, la naştere şi după naştere servicii corespunzătoare şi, la nevoie, gratuite şi, de asemenea, un regim alimentar corespunzător în timpul gravidităţii şi pe parcursul alăptării.
Articolul 13 Statele părţi se angajează să ia toate măsurile necesare pentru eliminarea discriminării faţă de femei în alte domenii ale vieţii economice, sociale, în scopul de a asigura, pe baza egalităţii bărbatului cu femeia, aceleaşi drepturi şi, în special: a) dreptul de prestaţii familiale; b) dreptul la împrumuturi bancare, împrumuturi ipotecare şi alte forme de credit financiar; c) dreptul de a participa la activităţile recreative, sport şi la toate aspectele vieţii culturale.
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Articolul 14 1. Statele părţi vor ţine seama de problemele specifice ale femeilor din mediul rural şi de rolul important pe care aceste femei îl au în susţinerea materială a familiilor lor, în special prin munca lor în sectoarele nefinanci- are ale economiei, şi vor lua toate măsurile corespunzătoare pentru a asigura aplicarea dispoziţiilor prezentei Convenţii femeilor din zonele rurale. 2. Statele părţi vor lua toate măsurile adecvate pentru a elimina discriminarea faţă de femei din zonele ru- rale, cu scopul de a asigura, pe baza egalităţii între bărbat şi femeie, participarea lor la dezvoltarea rurală şi la avantajele acestei dezvoltări şi, în special, le vor asigura dreptul: a) de a participa din plin la elaborarea şi executarea planurilor de dezvoltare la toate nivelurile; b) de a avea acces la serviciile corespunzătoare în domeniul sănătăţii, inclusiv la informaţii, sfaturi şi servicii în materie de planificare a familiei; c) de a beneficia în mod direct de programele de securitate socială; d) de a beneficia de toate formele de pregătire şi educaţie, şcolare şi neşcolare, inclusiv în materie de alfabe- tizare socială, şi de a putea să beneficieze de toate serviciile publice de informare şi educare, în special pentru a creşte competenţa lor tehnică; e) de a organiza grupe de întrajutorare şi cooperative pentru a le asigura aceleaşi şanse pe plan economic, indiferent că este vorba de muncă salariată sau de muncă independentă; f) de a participa la toate activităţile publice; g) de a avea acces la obţinerea de credite şi împrumuturi agricole, precum şi la serviciile de comercializare şi la tehnologii corespunzătoare, şi de a beneficia de un tratament egal cu ocazia înfăptuirii reformelor agrare şi a proiectelor de amenajări rurale; h) de a beneficia de condiţii de viaţă convenabile, în special în ceea ce priveşte locuinţele, condiţiile sanitare, aprovizionare cu electricitate şi apă, transporturi şi comunicaţii.
PARTEA A PATRA Articolul 15 1. Statele părţi recunosc egalitatea femeii cu bărbatul în faţa legii. 2. Statele părţi recunosc femeia, în materie civilă, ca având o capacitate juridică identică cu aceea a bărbatu- lui şi aceleaşi posibilităţi pentru a o exercita. Ele îi recunosc, în special, drepturi egale în ceea ce priveşte încheie- rea de contracte şi administrarea bunurilor şi îi vor acorda acelaşi tratament în toate fazele procedurii judiciare. 3. Statele părţi convin că orice contract şi orice act privat, de orice natură, având un efect juridic care vizea- ză limitarea capacităţii juridice a femeii, trebuie să fie considerat ca nul şi neavenit. 4. Statele părţi vor acorda bărbatului şi femeii aceleaşi drepturi în ceea ce priveşte legislaţia referitoare la dreptul persoanelor de a circula liber şi de a-şi alege reşedinţa şi domiciliul lor.
Articolul 16 1. Statele părţi vor lua toate măsurile necesare pentru a elimina discriminarea faţă de femei în toate proble- mele decurgând din căsătorie şi în raporturile de familie şi, în special, vor asigura, pe baza egalităţii bărbatului cu femeia: a) acelaşi drept de a încheia o căsătorie; b) acelaşi drept de a-şi alege în mod liber soţul şi de a nu încheia o căsătorie decât prin consimţământul său liber şi deplin; c) aceleaşi drepturi şi aceleaşi responsabilităţi atât în timpul căsătoriei, cât şi la desfacerea ei; d) aceleaşi drepturi şi aceleaşi responsabilităţi în calitate de părinţi, indiferent de situaţia lor matrimonială, pentru problemele referitoare la copiii lor; în toate cazurile, interesul copiilor va fi considerat primordial; e) aceleaşi drepturi de a decide în mod liber şi în deplină cunoştinţă de cauză asupra numărului şi planificării naşterilor şi de a avea acces la informaţii, la educaţie şi la mijloacele necesare pentru exercitarea acestor drepturi; f) aceleaşi drepturi şi responsabilităţi în materie de tutelă, curatelă, de încredinţare şi adopţie a copiilor sau reglementări juridice similare, când aceste instituţii există în legislaţia naţională; în toate cazurile, interesul copiilor va fi considerat primordial;
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g) aceleaşi drepturi personale soţului şi soţiei, inclusiv în ceea ce priveşte alegerea numelui de familie, a unei profesii şi a unei ocupaţii; h) aceleaşi drepturi pentru fiecare dintre soţi în materie de proprietate, de dobândire, de gestiune, de admi- nistrare, de beneficiu şi de dispoziţie asupra bunurilor, atât cu titlu gratuit, cât şi oneros. 2. Logodnele şi căsătoriile copiilor nu vor avea efecte juridice şi vor fi luate toate măsurile necesare, inclusiv pe plan legislativ, de a se fixa o vârstă minimă pentru căsătorie şi a face obligatorie înregistrarea căsătoriilor într-un registru oficial.
PARTEA A CINCEA Articolul 17 1. În scopul examinării progreselor realizate în aplicarea prezentei Convenţii, se constituie un Comitet pen- tru eliminarea discriminării faţă de femei (denumit în continuare Comitet), care să fie compus, în momentul intrării în vigoare a Convenţiei, din 18 - şi după ratificarea sau aderarea a 35 de state - din 23 experţi de înaltă autoritate morală şi competenţă în domeniile de aplicabilitate ale Convenţiei. Experţii vor fi aleşi de către statele părţi din rândul cetăţenilor lor şi vor funcţiona cu titlu personal, ţinând seama de principiul unei repartiţii ge- ografice echitabile şi de reprezentarea diferitelor forme de civilizaţie, precum şi a principalelor sisteme juridice. 2. Membrii Comitetului vor fi aleşi prin vot secret, dintr-o listă de candidaţi desemnaţi de către statele părţi. Fiecare stat parte poate să desemneze un candidat ales dintre cetăţenii săi. 3. Prima alegere va avea loc la 6 luni după data intrării în vigoare a prezentei Convenţii. Cu 3 luni cel puţin în- aintea datei fiecărei alegeri, Secretarul general al Organizaţiei Naţiunilor Unite adresează o scrisoare statelor părţi pentru a le invita să prezinte candidaţii lor într-un termen de 2 luni. Secretarul general întocmeşte o listă alfabetică a tuturor candidaţilor, indicând din partea cărui stat au fost desemnaţi, listă pe care o va comunica statelor părţi. 4. Membrii Comitetului sunt aleşi cu ocazia unei reuniuni a statelor părţi, convocată de către Secretarul general la sediul Organizaţiei Naţiunilor Unite. La această reuniune, la care cvorumul este constituit din două treimi ale statelor părţi, sunt aleşi ca membri ai Comitetului candidaţii care au obţinut cel mai mare număr de voturi şi majoritatea absolută de voturi a reprezentanţilor statelor părţi prezenţi şi votanţi. 5. Membrii Comitetului sunt aleşi pentru 4 ani. Totuşi, mandatul a 9 membri aleşi la prima alegere va lua sfârşit după 2 ani; preşedintele Comitetului va trage la sorţi numele acestor 9 membri imediat după prima alegere. 6. Alegerea celorlalţi cinci membri ai Comitetului se va face conform dispoziţiilor paragrafelor 2, 3 şi 4 din prezentul articol, după cea de-a 35-a ratificare sau adeziune. Mandatul a doi membri, aleşi cu această ocazie, va lua sfârşit după 2 ani; numele acestor doi membri va fi tras la sorţi de către preşedintele Comitetului. 7. Pentru a ocupa locurile devenite vacante în mod fortuit, statul parte al cărui expert a încetat de a exercita funcţiile sale de membru al Comitetului va numi un alt expert dintre cetăţenii săi, sub rezerva aprobării Comitetului. 8. Membrii Comitetului primesc, cu aprobarea Adunării generale, retribuţii din resursele Organizaţiei Naţi- unilor Unite, în condiţiile fixate de către Adunare, având în vedere importanţa responsabilităţilor Comitetului. 9. Secretarul general al Organizaţiei Naţiunilor Unite pune la dispoziţia Comitetului personal şi mijloacele materiale care îi sunt necesare pentru a se achita în mod eficient de funcţiile ce îi sunt încredinţate în virtutea prezentei Convenţii.
Articolul 18 1. Statele părţi se angajează să prezinte Secretarului general al Organizaţiei Naţiunilor Unite, în vederea examinării de către Comitet, un raport asupra măsurilor de ordin legislativ adoptat în aplicarea dispoziţiilor prezentei Convenţii şi asupra progreselor realizate în această privinţă: a) în anul următor intrării în vigoare a Convenţiei în statul respectiv; b) ulterior, la fiecare 4 ani, precum şi la cererea Comitetului. 2. Rapoartele pot să indice factorii şi dificultăţile care influenţează asupra măsurii în care sunt îndeplinite obligaţiile prevăzute prin prezenta Convenţie.
Articolul 19 1. Comitetul adoptă propriul său regulament de procedură. 2. Comitetul alege biroul său pentru o perioadă de 2 ani.
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Articolul 20 1. Comitetul se reuneşte în mod normal pentru o perioadă de cel mult 2 săptămâni în fiecare an, pentru a examina rapoartele prezentate în baza art. 18 al prezentei Convenţii. 2. Reuniunile Comitetului vor avea loc de regulă la sediul Organizaţiei Naţiunilor Unite sau în orice alt loc adecvat, stabilit de către Comitet.
Articolul 21 1. Comitetul prezintă anual un raport, prin intermediul Consiliului Economic şi Social, Adunării generale a Organizaţiei Naţiunilor Unite asupra activităţilor sale şi poate să formuleze sugestii şi recomandări generale, bazate pe examinarea rapoartelor şi informaţiilor primite de la statele părţi. Aceste sugestii şi recomandări sunt incluse în raportul Comitetului, însoţite, după caz, de observaţiile statelor părţi. 2. Secretarul general transmite raportul Comitetului, spre informare, Comisiei pentru condiţia femeii.
Articolul 22 Instituţiile specializate au dreptul să fie reprezentate cu prilejul examinării aplicării tuturor dispoziţiilor prezentei Convenţii care intră în domeniul lor de activitate. Comitetul poate invita instituţiile specializate să prezinte rapoarte asupra aplicării Convenţiei în domenii din sfera lor de activitate.
PARTEA A ŞASEA Articolul 23 Nici o dispoziţie a prezentei Convenţii nu va aduce atingere prevederilor care sunt mai favorabile pentru realizarea egalităţii între bărbat şi femeie, conţinute în: a) legislaţia unui stat parte; b) în orice altă Convenţie, tratat sau acord internaţional în vigoare în acel stat.
Articolul 24 Statele părţi se angajează să adopte toate măsurile necesare la nivel naţional pentru asigurarea exercitării depline a drepturilor recunoscute prin prezenta Convenţie.
Articolul 25 1. Prezenta Convenţie este deschisă semnării tuturor statelor. 2. Secretarul general al Organizaţiei Naţiunilor Unite este desemnat ca depozitar al prezentei Convenţii. 3. Prezenta Convenţie este supusă ratificării, iar instrumentele de ratificare vor fi depuse la Secretarul gene- ral al Organizaţiei Naţiunilor Unite. 4. Prezenta Convenţie va fi deschisă aderării tuturor statelor. Aderarea se va face prin depunerea unui instru- ment de aderare la Secretarul general al Organizaţiei Naţiunilor Unite.
Articolul 26 1. Oricare dintre statele părţi poate cere în orice moment revizuirea prezentei Convenţii, adresând o comu- nicare scrisă în acest sens Secretarului general al Organizaţiei Naţiunilor Unite. 2. Adunarea generală a Organizaţiei Naţiunilor Unite decide asupra măsurilor care vor fi luate în cazul în speţă, faţă de o cerere de această natură.
Articolul 27 1. Prezenta Convenţie va intra în vigoare în a treizecea zi care va urma depunerii la Secretarul general al Organizaţiei Naţiunilor Unite a celui de-al douăzecilea instrument de ratificare sau aderare. 2. Pentru fiecare stat care va ratifica prezenta Convenţie sau va adera după depunerea celui de-al douăzecilea instrument de ratificare sau de aderare, Convenţia va intra în vigoare în cea de-a treizecea zi după data depu- nerii de către acest stat a instrumentului său de ratificare sau de aderare.
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Articolul 28 1. Secretarul general al Organizaţiei Naţiunilor Unite va primi şi va comunica tuturor statelor textul rezer- velor care au fost făcute în momentul ratificării sau aderării. 2. Nici o rezervă incompatibilă cu obiectul şi scopurile prezentei Convenţii nu va fi acceptată. 3. Rezerva poate fi retrasă în orice moment, pe calea unei notificări adresate Secretarului general al Orga- nizaţiei Naţiunilor Unite, care va informa toate statele părţi la Convenţie. Notificarea va produce efecte de la data primirii ei.
Articolul 29 1. Orice diferend între două sau mai multe state părţi privind interpretarea sau aplicarea prezentei Conven- ţii, care nu este soluţionat pe calea negocierilor, este supus arbitrajului, la cererea uneia dintre părţi. Dacă, în de- curs de 6 luni de la data cererii de arbitraj, părţile nu reuşesc să se pună de acord în ceea ce priveşte organizarea arbitrajului, oricare dintre ele poate supune diferendul Curţii Internaţionale de Justiţie, depunând o cerere în acest sens, în conformitate cu Statutul Curţii. 2. Oricare stat parte va putea declara, în momentul în care va semna prezenta Convenţie, o va ratifica sau va adera la ea că nu se consideră legat de dispoziţiile paragrafului 1 din prezentul articol. Celelalte state părţi nu vor putea să invoce aceste dispoziţii faţă de statul parte care a formulat astfel de rezerve. 3. Oricare stat parte care a formulat o rezervă conform dispoziţiilor paragrafului 2 din prezentul articol va putea în orice moment să ridice această rezervă printr-o notificare adresată Secretarului general al Organizaţiei Naţiunilor Unite.
Articolul 30 Prezenta Convenţie, al cărei text în limbile engleză, arabă, chineză, spaniolă, franceză şi rusă au aceeaşi valoare, va fi depusă la Secretarul general al Organizaţiei Naţiunilor Unite. Drept care subsemnaţii, având îm- puternicirile corespunzătoare, au semnat prezenta Convenţie.
Comentarii finale ale Comitetului privind eliminarea discriminării faţă de femei: Republica Moldova
1. Comitetul a examinat rapoartele periodice unificate doi şi trei ale Republicii Moldova (CEDAW C/ MDA/2-3) la cea de-a 749 şi 750 şedinţe ale sale, la 16 august 2006 (a se vedea CEDAW /C/SR. 749 şi 750). Lista de probleme şi întrebări ale Comitetului poate fi găsită la CEDAW/C/MDA/Q/2, iar răspunsurile Republicii Moldova la CEDAW/C/MDA/Q/2/Add.1.
Introducere 2. Comitetul îşi exprimă aprecierea faţă de Statul-parte pentru rapoartele sale periodice unificate doi şi trei, care au urmat recomandările Comitetului privind pregătirea rapoartelor. Totuşi, Comitetul că Statul-parte nu a prezentat suficientă informaţie statistică, dezagregată pe criteriul sexului. Comitetul aduce mulţumiri Statului- parte pentru răspunsurile scrise la lista de probleme şi întrebări înaintate de grupul de lucru înainte de sesiune. 3. Comitetul îşi exprimă aprecierea faţă de Statul-parte pentru dialogul constructiv cu delegaţia sa, condus de Şeful Direcţiei Protecţie Socială a Ministerului Sănătăţii şi Protecţiei Sociale, precum şi pentru eforturile delegaţiei de a răspunde la întrebările orale ale Comitetului. 4. Comitetul apreciază Statul-parte pentru aderarea, în februarie 2006, la Protocolul Opţional la Convenţia privind Eliminarea Tuturor Formelor de Discriminare faţă de Femei. 5. Comitetul remarcă faptul că tranziţia de la o economie planificată centralizat la una de piaţă a rezultat în dificultăţi economice şi sociale semnificative, efectele cărora au constituit o povară grea pentru femei.
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Aspecte pozitive 6. Comitetul apreciază Statul-parte pentru reforma legislativă întreprinsă întru susţinerea obiectivului ega- lităţii sexelor şi, în particular, pentru adoptarea Legii privind asigurarea egalităţii de şanse între femei şi bărbaţi şi a Legii privind prevenirea şi combaterea traficului de fiinţe umane; pentru modificările la Codul penal din 2002, la Codul muncii din 2003 şi la Codul Civil din 2002; precum şi pentru dezbaterile continue asupra pro- iectului de lege privind prevenirea şi combaterea violenţei domestice. 7. Comitetul apreciază şi faptul că Statul-parte a adoptat o serie de programe şi planuri naţionale şi a stabilit mecanisme de monitoring instituţional, relevante pentru avansarea femeilor şi promovarea drepturilor lor în diverse domenii, inclusiv Planul naţional pentru promovarea egalităţii gender pentru perioadele 2003-2005 şi 2006-2007; Planul naţional pentru prevenirea şi combaterea traficului de fiinţe umane, adoptat în 2001 şi modificat în 2005; şi Sistemul naţional pentru protecţia şi asistenţa socială pentru victimele traficului, lansat în martie 2006; Strategia de ocupare a forţei de muncă; Programul naţional pentru asistenţă la îngrijirea sănătăţii reproductive şi planificarea familiei, pentru perioada 1999-2003; Hotărîrea Guvernului nr. 288 din martie 2005 privind Obiectivele de Dezvoltare ale Mileniului (2005-2015); şi Strategia pentru asistenţa acordată întreprin- derilor mici şi medii pentru perioada 2006-2008. 8. Comitetul salută colaborarea continuă a Statului-parte cu organizaţiile neguvernamentale ale femeilor, la elaborarea legilor, planurilor şi a altor activităţi, menite să elimine discriminarea faţă de femei şi să promoveze egalitatea gender.
Principalele sfere de preocupare şi recomandări
9. Avînd în vedere obligaţiile Statului-parte de a implementa sistematic şi continuu toate prevederile Convenţiei, Comitetul consideră, totuşi, că preocupările şi recomandările incluse în prezentele comenta- rii finale au nevoie de atenţia prioritară a Statului-parte în perioada de pînă la prezentarea următorului raport. Prin urmare, Comitetul îndeamnă Statul-parte să se concentreze asupra acestor sfere în activitatea sa de implementare şi să raporteze asupra măsurilor luate şi a rezultatelor realizate în următorul raport periodic. Comitetul cheamă Statul-parte să prezinte aceste comentarii finale tuturor ministerelor relevan- te şi Parlamentului, pentru a asigura implementarea lor deplină. 10. Comitetul este preocupat de faptul că Statul-parte nu are o abordare generalizată a politicilor şi progra- melor, menite să implementeze Convenţia şi să realizeze egalitatea femeilor cu bărbaţii, şi subliniază nevoia de a aborda direct şi indirect problema discriminării femeilor. 11. Comitetul recomandă ca Statul-parte să asigure o abordare cuprinzătoare a implementării Conven- ţiei, care să includă toate politicile şi programele, menite să asigure egalitatea formală şi de esenţă între femei şi bărbaţi. Comitetul recomandă ca strategia de gender mainstreaming să fie introdusă în toate in- stituţiile publice, politicile şi programele, susţinută prin instruire gender şi un număr suficient de focare gender la nivel naţional şi local. 12. Comitetul este îngrijorat de faptul că modificarea frecventă a structurilor instituţionale şi a persona- lului mecanismului naţional de avansare a femeilor, afectează eficienţa sa în promovarea egalităţii gender şi avansarea femeilor. De asemenea, nelinişteşte faptul că mecanismul naţional de avansare a femeilor continuă să sufere de pe urma lipsei de autoritate şi de resurse financiare şi umane adecvate. Comitetul este îngrijorat şi de lichidarea focarelor gender din cadrul autorităţilor administraţiei publice locale. 13. Comitetul recomandă ca Statul-parte să consolideze în ritm accelerat mecanismul naţional pentru promovarea femeilor, prin sporirea proeminenţei sale, a puterii de decizie şi a resurselor financiare şi uma- ne, astfel încît acesta să-şi poată executa eficient împuternicirile, să devină mai eficient la nivel naţional şi local şi să fortifice coordonarea între mecanismele şi entităţile relevante la nivel naţional şi local. Comite- tul cheamă Statul-parte să restabilească focarele gender în cadrul administraţiei locale. 14. În timp ce salută includerea în Legea privind asigurarea egalităţii de şanse între femei şi bărbaţi a con- ceptelor de gender mainstreaming, discriminare directă şi indirectă pe temeiuri de sex, acţiune afirmativă, egalitate gender şi hărţuire sexuală, după cum a menţionat şi delegaţia, Comitetul îşi exprimă îngrijorarea pen- tru faptul că Legea nu are un mecanism de implementare şi nu prevede remedii juridice în caz de încălcări. Comitetul este, de asemenea, neliniştit de faptul că Statul-parte nu a alocat resurse financiare adecvate pentru implementarea legii.
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15. Comitetul încurajează Statul-parte să asigure implementarea deplină a Legii privind asigurarea egalităţii de şanse între femei şi bărbaţi, să monitorizeze rezultatele şi să stabilească sancţiuni pentru co- miterea încălcărilor. Comitetul mai recomandă ca Statul-parte să implementeze eficient măsuri provizorii speciale, în conformitate cu Articolul 4, alineatul 1 al Convenţiei şi Recomandarea generală 25 a Comitetu- lui, pentru a accelera realizarea egalităţii de esenţă a femeilor cu bărbaţii în toate domeniile, în particular, cu privire la participarea femeilor la luarea deciziilor şi accesul acestora la angajare şi educaţie. 16. Comitetul este îngrijorat de necunoaşterea Convenţiei, a Protocolului Opţional al acesteia şi a proce- durilor de monitorizare şi valorificare a lor, precum şi de necunoaşterea drepturilor femeii în general, inclusiv în cadrul sistemului judiciar, de către personalul organelor de ocrotire a normelor de drept şi chiar de femeile însele, după cum o demonstrează lipsa vreunei hotărîri judecătoreşti care ar face referire la Convenţie. 17. Comitetul îndeamnă Statul-parte să introducă programe educaţionale şi de instruire privind Con- venţia şi Protocolul Opţional, în particular pentru parlamentari, sistemul judiciar, profesioniştii din sfera dreptului, poliţie şi alt personal al organelor de ocrotire a normelor de drept. Se recomandă a fi între- prinse campanii de sensibilizare, direcţionate către femei, pentru a spori conştientizarea de către femei a drepturilor omului, ce le aparţin, şi pentru a asigura că femeile valorifică procedurile şi remediile pentru încălcarea drepturilor lor. 18. Comitetul continuă să manifeste o profundă îngrijorare pentru persistenţa atitudinilor patriarhale şi a stereotipurilor adînc înrădăcinate privind rolurile şi responsabilităţile femeilor şi bărbaţilor în familie şi în societate în Republica Moldova, care afectează situaţia femeilor, în particular pe piaţa ocupării forţei de muncă şi cu privire la participarea lor în viaţa politică şi publică. 19. Comitetul îndeamnă Statul-parte să răspîndească informaţia privind conţinutul Convenţiei prin sistemul său educaţional, prin generalizarea unei perspective gender în manuale şi curriculum, la toate nivelurile, şi prin asigurarea instruirii gender pentru profesori, în vederea modificării actualelor viziuni stereotipe privind rolurile femeilor şi bărbaţilor în familie şi în societate. De asemenea, Comitetul reco- mandă ca asemenea campanii de sensibilizare să fie adresate atît femeilor, cît şi bărbaţilor, iar mass-media să fie încurajate să proiecteze imagini pozitive ale femeilor şi ale statutului şi responsabilităţilor egale ale femeilor şi bărbaţilor în sferele publică şi privată. 20. Comitetul este preocupat de impactul asupra femeilor al restructurării economice şi de feminizarea sporită a sărăciei, în particular cu referire la asemenea categorii vulnerabile ca femeile din zonele rurale, femeile singure-cap de familie, femeile din anumite grupuri etnice, în particular femeile de etnie romă, femeile cu han- dicap şi cele în vîrstă. Comitetul regretă că Obiectivele de Dezvoltare ale Republicii Moldova, al căror obiectiv principal este, raportat la primul dintre cele opt Scopuri de Dezvoltare ale Mileniului, eradicarea sărăciei extre- me şi a înfometării, nu a inclus perspectiva gender. 21. Comitetul cere Statului-parte să studieze impactul restructurării economice asupra femeilor şi să asigure că toate programele şi strategiile de atenuare a sărăciei sunt multidimensionale, sensibile la aspec- te gender şi direcţionate către anumite grupuri de femei, în conformitate cu necesităţile lor specifice şi dis- criminarea pe planuri multiple cu care se confruntă acestea, şi să prezinte în următorul său raport periodic informaţie privind măsurile luate şi rezultatele obţinute la ameliorarea situaţiei economice a femeilor, în particular a celor din categoriile vulnerabile, cum sunt femeile din zonele rurale, femeile singure-cap de familie, femeile din anumite grupuri etnice, în particular femeile de etnie romă, femeile cu handicap şi cele în vîrstă. 22. Comitetul continuă să fie îngrijorat de răspîndirea violenţei, inclusiv a violenţei domestice, faţă de femei- le din Republica Moldova. Este îngrijorat de lipsa datelor actualizate, categorizate în dependenţă de sex, privind toate formele de violenţă faţă de femei. Deşi este remarcabil faptul că a fost elaborat un proiect de lege, Comi- tetul este îngrijorat că proiectul nu reglementează adecvat urmărirea şi sancţionarea infractorilor. Comitetul este de asemenea îngrijorat de faptul că violenţa domestică, inclusiv violul conjugal, continuă să fie considerată o chestiune privată. 23. Reiterînd recomandarea sa, făcută cu ocazia examinării raportului iniţial al Statului-parte*, Comi- tetul îndeamnă Statul-parte să acorde o prioritate înaltă implementării măsurilor globale contra violenţei faţă de femei în familie şi societate, în conformitate cu recomandarea sa generală nr. 19. Comitetul cheamă Statul-parte să adopte cît mai curînd proiectul de lege privind prevenirea şi combaterea violenţei domesti- ce şi să asigure că violenţa faţă de femei este urmărită şi sancţionată cu seriozitate şi celeritate. Comitetul
* A se vedea Înregistrările oficiale ale Adunării Generale, cea de-a 55-a sesiune, Supliment nr.38 (A/55/38), paragrafele 67-117.
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cheamă Statul-parte să asigure că toate femeile care sunt victime ale violenţei domestice au acces la măsuri imediate de remediere şi protecţie, inclusiv ordine restrictive şi acces la un număr suficient de adăposturi sigure şi asistenţă juridică. Statul-parte este îndemnat să asigure că funcţionarii publici, şi mai ales perso- nalul organelor de ocrotire a normelor de drept, judiciarul, lucrătorii medicali şi de asistenţă socială, sunt pe deplin familiarizaţi cu prevederile legale aplicabile şi sunt conştienţi despre toate formele de violenţă faţă de femei, fiind apţi să reacţioneze corespunzător. Comitetul cheamă Statul-parte să întreprindă cerce- tări asupra persistării, cauzelor şi consecinţelor violenţei faţă de femei, inclusiv violenţa domestică, pentru a le folosi drept bază pentru intervenţii temeinice şi bine direcţionate, şi pentru a include rezultatele unor asemenea cercetări în următorul raport periodic. 24. Deşi apreciază eforturile întreprinse pentru a combate traficul, inclusiv prin adoptarea Legii şi a Pla- nului naţional de prevenire şi combatere a traficului de fiinţe umane, înfiinţarea Comitetului Naţional pentru combaterea traficului de fiinţe umane şi revizuirea Codului Penal, Comitetul îşi exprimă îngrijorarea pentru tendinţa în creştere de traficare ilegală a fetelor şi tinerelor femei pentru scopuri sexuale în Republica Moldova, care continuă să fie, în temei, o ţară de origine. Comitetul este în continuare neliniştit de neexecutarea legilor şi de măsurile insuficiente întreprinse pentru urmărirea traficanţilor, protecţia şi asistarea victimelor. 25. Comitetul cheamă Statul-parte să-şi intensifice eforturile de combatere a traficului şi exploatării sexuale a femeilor şi fetelor, prin abordarea cauzelor de bază, în particular, a insecurităţii economice a femeilor. Se recomandă ca Statul-parte să sporească măsurile menite să amelioreze situaţia socială şi eco- nomică a femeilor, în particular în zonele rurale, pentru a elimina vulnerabilitatea lor în faţa traficanţilor, şi să stabilească servicii de reabilitare şi reintegrare a victimelor traficului. Comitetul cheamă Staul-parte să asigure finanţarea adecvată a Planului naţional, în timp ce responsabilitatea pentru implementarea sa să nu fie pusă, în temei, în sarcina organizaţiilor neguvernamentale, iar traficanţii şi cei care exploatează sexual femeile şi fetele să fie urmăriţi şi pedepsiţi în măsura în care o permite legea. Comitetul, de aseme- nea, încurajează Statul-parte să-şi intensifice cooperarea internaţională, regională şi bilaterală cu ţările de tranzit şi destinaţie a femeilor traficate, pentru a restrînge în continuare acest fenomen. I se cere Statului- parte să includă în raportul său ulterior informaţie detaliată, inclusiv date statistice, privind tendinţele în sfera traficului şi cauzele examinate în judecată, acuzaţiile şi victimele, cărora li s-a acordat asistenţă, precum şi rezultatele obţinute în procesul de prevenire. 26. În timp ce salută anumite progrese recente, Comitetul îşi exprimă îngrijorarea cu privire la faptul că numărul de femei în posturi decizionale în viaţa publică şi politică rămîne mic, inclusiv în parlament, serviciul public şi în sistemul judiciar. De asemenea, Comitetul este îngrijorat de reprezentativitatea joasă a femeilor în posturi decizionale în serviciu în străinătate. Comitetul este preocupat de faptul că, în pofida recomandării sale anterioare, nu au fost luate măsuri provizorii speciale în acest domeniu. 27. Comitetul încurajează Statul-parte să implementeze măsurile de sporire a numărului de femei în posturi decizionale, în particular la nivel local, în parlament, în partidele politice, în sistemul judiciar şi în serviciul public, inclusiv serviciul în străinătate. Se recomandă ca Statul-parte să stabilească scopuri con- crete şi grafice pentru a accelera participarea egală a femeilor în viaţa publică şi politică la toate nivelurile. Statul-parte trebuie să introducă măsuri provizorii speciale, în conformitate cu Articolul 4, alineatul 1 al Convenţiei şi recomandarea generală 25 a Comitetului, privind măsurile provizorii speciale, precum şi să ia în consideraţie recomandarea generală 23 a Comitetului, privind femeile în viaţa publică şi politică. Comitetul îndeamnă Statul-parte să implementeze programe de sensibilizare, pentru a încuraja femeile să participe la viaţa publică, şi să creeze condiţii sociale pentru participare, inclusiv măsurile detaliate meni- te să reconcilieze responsabilităţile din sferele publică şi privată. Statul-parte este încurajat să sublinieze importanţa pentru întreaga societate a participării depline şi egale a femeii la posturile de lider, la toate nivelurile de luare a deciziilor pentru dezvoltarea ţării. 28. Comitetul îşi exprimă îngrijorarea cu privire la situaţia femeilor pe piaţa muncii, care, în pofida nivelului înalt al studiilor femeilor, este caracterizată prin creşterea şomajului în rîndurile femeilor, concentrarea feme- ilor în sectoare publice, remunerate la niveluri joase, cum sunt ocrotirea sănătăţii, asistenţa socială şi educaţia, şi prin existenţa decalajului de salarizare între femei şi bărbaţi în sectoarele public şi privat. Comitetul este preocupat de faptul că legislaţia muncii a Statului-parte, care este extrem de protectoare, în special cu privire la femeile gravide, restrîngînd astfel participarea femeilor în anumite sfere, ar putea crea obstacole pentru par- ticiparea femeilor pe piaţa muncii, în particular în sectorul privat, şi ar putea perpetua stereotipurile privind rolurile gender. Comitetul este de asemenea neliniştit de faptul că importante sectoare, privite tradiţional ca sectoare masculine, cum sunt apărarea şi poliţia, rămîn inaccesibile femeilor.
29 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
29. Comitetul îndeamnă Statul-parte să asigure şanse egale pentru femei şi bărbaţi pe piaţa muncii, între altele, prin măsuri provizorii speciale, în conformitate cu Articolul 4, alineatul 1 al Convenţiei şi re- comandarea generală 25 a Comitetului, privind măsurile provizorii speciale. Comitetul îndeamnă Statul- parte să să-şi intensifice eforturile de a asigura că toate programele de sporire a locurilor de muncă şi de atenuare a sărăciei iau în consideraţie aspectul gender, şi că femeile pot beneficia în deplină măsură de pe urma tuturor programelor de susţinere a antreprenoriatului. Se recomandă intensificarea eforturilor de eliminare a segregării pe piaţa muncii, atît a celei orizontale, cît şi a celei verticale, şi de micşorare şi lichi- dare a decalajul dintre femei şi bărbaţi, între altele, prin sporuri adiţionale la salariu în sectoarele publice dominate de femei. Comitetul recomandă Statului-parte să întreprindă revizuiri periodice ale legislaţiei, în conformitate cu Articolul 11, alineatul 3 al Convenţiei, în vederea reducerii numărului de bariere cu care se confruntă femeile pe piaţa muncii. Statul-parte este chemat să monitorizeze impactul măsurilor luate şi a rezultatelor obţinute, şi să raporteze asupra acestora în următorul raport periodic. 30. Comitetul îşi exprimă îngrijorarea cu privire la starea sănătăţii femeilor, în special a sănătăţii reproducti- ve. Deşi apreciază descreşterea recentă a ratei mortalităţii materne, Comitetul notează că indicatorul este totuşi înalt în comparaţie cu alte ţări din regiune, în particular cu privire la femeile din zona rurală. Comitetul este, de asemenea, preocupat de ratele înalte ale avorturilor, ca mijloc de control a fertilităţii, şi în special de avorturile în condiţii periculoase, care sporesc riscul mortalităţii materne. Comitetul este neliniştit şi de înaltul procentaj al femeilor cu anemie şi de sporirea ratelor de infectare cu HIV/SIDA şi boli transmisibile pe cale sexuală. Comite- tul îşi exprimă îngrijorarea pentru sporirea consumului de către femei a produselor de tutungerie şi a drogurilor. 31. Comitetul recomandă concentrarea unor eforturi sporite asupra îmbunătăţirii sănătăţii reproduc- tive a femeilor. În particular, Comitetul cheamă Guvernul să sporească disponibilitatea, acceptarea şi folo- sirea mijloacelor moderne de contracepţie, pentru a elimina folosirea avorturilor ca metodă de planificare a familiei. Comitetul încurajează Statul-parte să asigure educaţia sexuală sistematică în şcoli, inclusiv şco- lile profesionale. Comitetul îndeamnă Statul-parte să întreprindă măsuri adecvate pentru a asigura acce- sul femeilor la avorturi în condiţii sigure, în conformitate cu legislaţia naţională. De asemenea, Comitetul cheamă Statul-parte să direcţioneze strategiile de prevenire a HIV/SIDA şi a bolilor sexual transmisibile către grupurile cu risc înalt. Comitetul încurajează Statul-parte să-şi sporească cooperarea cu organizaţi- ile neguvernamentale şi internaţionale, pentru a îmbunătăţi situaţia generală a sănătăţii femeilor şi fetelor din Moldova. Comitetul cere ca Statul-parte să prezinte în următorul său raport informaţie detaliată asu- pra consumului de către femei a produselor de tutungerie şi statistici privind abuzul de alcool, droguri şi alte substanţe din partea femeilor. 32. Comitetul rămîne îngrijorat de faptul că vîrsta minimă legală pentru căsătorie continuă să fie de 16 ani pentru femei şi de 18 ani pentru bărbaţi. 33. Comitetul îndeamnă Statul-parte să mărească vîrsta minimă legală pentru căsătorie pentru femei pînă la 18 ani, în conformitate cu Articolul 16 al Convenţiei, recomandarea generală 21 a Comitetului şi Convenţia privind drepturile copilului. 34. Comitetul regretă disponibilitatea limitată a datelor statistice, categorizate pe criterii de sex, apartenenţă etnică şi vîrstă, pe regiuni urbane şi rurale, ceea ce complică evaluarea progresului şi a dinamicii tendinţelor, referitor la situaţia de fapt a femeilor şi exercitarea de către ele a drepturilor omului în toate domeniile pe care le cuprinde Convenţia. Comitetul este îngrijorat că lipsa sau disponibilitatea limitată a unor asemenea date detaliate poate constitui un impediment pentru însuşi Statul-parte la elaborarea şi implementarea politicilor şi programelor speciale, precum şi la monitorizarea eficienţei acestora la implementarea Convenţiei. 35. Comitetul îndeamnă Statul-parte să sporească colectarea datelor în toate domeniile cuprinse de Con- venţie, categorizate pe criterii de sex, apartenenţă etnică şi vîrstă, pe regiuni urbane şi rurale, după caz, pentru a evalua situaţia de fapt a femeilor, în comparaţie cu cea a bărbaţilor, valorificarea de către femei a drepturilor omului, şi pentru a urmări dezvoltarea temporală a tendinţelor. Comitetul cheamă Statul-parte să monitorizeze, prin indicatori cuantificabili, impactul legilor, politicilor şi a planurilor de acţiune, şi să evalueze progresul obţinut în vederea realizării egalităţii de fapt a femeilor. Statul-parte este încurajat să fo- losească aceste date şi indicatori la elaborarea legilor, politicilor şi programelor de implementare eficientă a Convenţiei. Comitetul cere Statului-parte să includă în următorul raport asemenea date statistice şi analize. 36. Comitetul îndeamnă Statul-parte să valorifice în deplină măsură, la implementarea obligaţiilor sale în baza Convenţiei, Declaraţia de la Beijing şi Platforma de acţiune, care reafirmă prevederile Convenţiei, şi cere ca Statul-parte să includă informaţie asupra acestui fapt în următorul raport periodic. 37. Comitetul, de asemenea, subliniază că implementarea completă şi eficientă a Convenţiei este in- dispensabilă pentru realizarea Obiectivelor de Dezvoltare ale Mileniului. Comitetul cheamă la integrarea
30 Acte normative actualizate
perspectivei gender şi reflectarea directă a prevederilor Convenţiei în toate eforturile îndreptate spre reali- zarea Obiectivelor de Dezvoltare ale Mileniului şi cere Statului-parte să includă informaţie asupra acestui fapt în următorul raport periodic. 38. Comitetul notează că aderarea Statelor la cele şapte instrumente internaţionale majore privind drepturile omului* sporeşte beneficiul femeilor de drepturile omului şi libertăţile fundamentale în toate sferele vieţii. Prin urmare, Comitetul încurajează Guvernul Republicii Moldova să ia în consideraţie ratifi- carea tratatului la care încă nu este parte, şi anume a Convenţiei Internaţionale privind Protecţia Dreptu- rilor Tuturor Lucrătorilor Migranţi şi a Membrilor Familiilor Lor. 39. Comitetul insistă asupra răspîndirii pe larg în Republica Moldova a prezentelor comentarii finale, pentru a aduce la cunoştinţa publicului, inclusiv a oficialilor guvernamentali, politicienilor, parlamentari- lor, organizaţiilor femeilor şi celor de drepturi ale omului, paşii întreprinşi pentru a asigura egalitatea de facto şi de jure a femeilor, precum şi paşii ulteriori necesari în această privinţă. Comitetul cere Statului- parte să continue răspîndirea pe larg, în particular în mediul organizaţiilor femeilor şi celor de drepturi ale omului, a Convenţiei, a Protocolului său Opţional, a recomandărilor generale ale Comitetului, a De- claraţiei de la Beijing şi a Platformei de acţiune, precum şi a Documentului Final a celei de-a 23-a sesiuni speciale a Adunării Generale, întitulată “Femei 2000: egalitatea gender, dezvoltarea şi pacea în secolul do- uăzeci şi unu” (Rezoluţia S-23/3, anexă). 40. Comitetul cere Statului-parte să reacţioneze la preocupările exprimate în prezentele comentarii finale în următorul său raport periodic, în baza Articolului 18 al Convenţiei. Comitetul invită Statul-parte să prezinte cel de-al patrulea raport periodic, al cărui termen de prezentare este iulie 2007, şi cel de-al cin- cilea raport periodic, cu termen de prezentare în iulie 2011, într-un raport combinat în iulie 2011.
PROTOCOL OPŢIONAL LA CONVENŢIA ASUPRA ELIMINĂRII TUTUROR FORMELOR DE DISCRIMINARE FAŢĂ DE FEMEI***
Statele părţi la prezentul protocol, Luând notă de prevederile Cartei Organizaţiei Naţiunilor Unite, document care reafirmă încrederea în drepturile fundamentale ale omului, în demnitatea şi valoarea fiinţei umane şi în drepturile egale ale bărbaţilor şi femeilor, Luând notă, de asemenea, de Declaraţia Universală a Drepturilor Omului, care proclamă că toţi oamenii se nasc liberi şi egali în demnitate şi drepturi şi că fiecare are acces la toate drepturile şi libertăţile proclamate în continuare, fără nici o deosebire, inclusiv deosebiri pe criterii de sex, Reamintind că acordurile internaţionale privind drepturile omului şi alte instrumente internaţionale pri- vind drepturile omului interzic discriminarea pe criterii de sex, Reamintind, de asemenea, Convenţia asupra eliminării tuturor formelor de discriminare faţă de femei (Con- venţia), în care statele părţi condamnă discriminarea împotriva femeilor sub toate formele sale şi hotărăsc să continue prin toate mijloacele necesare şi fără întârziere o politică de eliminare a discriminării împotriva femeilor, Reafirmând hotărârea lor de a asigura obţinerea deplină şi egală de către femei a tuturor drepturilor omului şi libertăţilor fundamentale şi de a acţiona eficient pentru prevenirea violării acestor drepturi şi libertăţi,
* Pactul Internaţional privind Drepturile Economice, Sociale şi Culturale, Pactul Internaţional privind Drepturile Civile şi Politice, Convenţia Internaţională cu privire la Eliminarea Tuturor Formelor de Discriminare Rasială, Convenţia cu privire la Eliminarea Tuturor Formelor de Discriminare faţă de Femei, Convenţia împortiva Torturii şi a Altor Trata mente sau Pedepse Crude, Inumane şi Degradante, Convenţia privind Drepturile Copilului şi Convenţia Internaţională privind Protecţia Drepturilor Tuturor Lucrătorilor Migranţi şi a Membrilor Familiilor Lor. ** Adoptat de Adunarea generală a Organizaţiei Naţiunilor Unite la 6 octombrie 1999.
31 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Au hotărât după cum urmează:
Articolul 1 Un stat parte la prezentul protocol (stat parte) recunoaşte competenţa Comitetului privind eliminarea dis- criminării faţă de femei (Comitetul) de a primi şi de a analiza comunicările transmise în conformitate cu art. 2.
Articolul 2 Comunicările pot fi transmise de către sau în numele indivizilor ori grupurilor de indivizi sub jurisdicţia unui stat parte, reclamând faptul că sunt victime ale violării oricăruia dintre drepturile stabilite în Convenţie de către acel stat parte. Dacă o comunicare este transmisă în numele indivizilor sau grupurilor de indivizi, autorul trebuie să aibă consimţământul acestora, în afară de cazul în care autorul poate justifica acţiunea în numele lor fără acest consimţământ.
Articolul 3 Comunicările se vor face în scris şi nu vor fi anonime. Nici o comunicare nu va fi primită de către Comitet dacă priveşte un stat parte la Convenţie, care nu este parte la prezentul protocol.
Articolul 4 1. Comitetul nu va lua în considerare o comunicare decât dacă s‑a convins că toate mijloacele interne dis- ponibile au fost epuizate, decât dacă aplicarea acestor mijloace este prelungită nerezonabil sau nu pare să aibă un rezultat concret. 2. Comitetul va declara o comunicare inadmisibilă în cazul în care:aceeaşi problemă a fost deja examinată de către Comitet sau a fost ori este în curs de examinare sub o altă procedură internaţională de investigare sau de soluţionare; a) este incompatibilă cu prevederile Convenţiei; b) este evident greşit motivată sau nu este suficient fundamentată; c) este un abuz asupra dreptului de a transmite comunicări; d) faptele care sunt subiect al comunicării au apărut înainte de intrarea în vigoare a prezentului protocol pentru statul parte vizat, în afară de cazul în care acele fapte continuă după respectiva dată.
Articolul 5 1. În orice moment după primirea unei comunicări şi înainte de a se fi ajuns la o hotărâre privind valoarea intrinsecă a acesteia, Comitetul poate transmite statului parte vizat, în vederea unei analize urgente, o solicitare de a lua astfel de măsuri interimare necesare pentru a se evita posibilele daune ireparabile pentru victima sau victimele pretinsei violări. 2. Când Comitetul îşi exercită voinţa conform paragrafului 1 al prezentului articol, aceasta nu implică o decizie asupra admisibilităţii comunicării sau asupra valorii intrinseci a acesteia.
Articolul 6 1. În afară de cazul în care Comitetul consideră o comunicare inadmisibilă fără referire la statul parte vizat şi dacă individul sau indivizii consimt să‑şi dezvăluie identitatea acelui stat parte, Comitetul va aduce în atenţia statului parte vizat, în mod confidenţial, orice comunicare care i s‑a transmis conform prezentului protocol. 2. În termen de 6 luni statul parte vizat transmite Comitetului explicaţii în scris sau declaraţii care să clarifice problema şi rezolvarea, dacă există, care se poate să fi fost găsită de statul parte.
Articolul 7 1. Comitetul va analiza comunicările primite conform prezentului protocol pe baza tuturor informaţiilor puse la dispoziţia sa de către sau în numele indivizilor ori grupurilor de indivizi şi de către statul parte vizat, cu condiţia ca informaţiile acestea să fie transmise părţilor vizate. 2. Comitetul va ţine şedinţe închise când examinează comunicările în conformitate cu prezentul protocol. 3. După examinarea unei comunicări, Comitetul va transmite punctele sale de vedere privind comunicarea, împreună cu recomandările sale, dacă există, părţilor vizate.
32 Acte normative actualizate
4. Statul parte va acorda atenţia cuvenită punctelor de vedere ale Comitetului, precum şi recomandărilor sale, dacă există, şi va transmite Comitetului, în termen de 6 luni, un răspuns în scris, incluzând informaţii cu privire la orice măsură luată din perspectiva opiniilor şi recomandărilor Comitetului. 5. Comitetul poate invita statul parte să transmită informaţii suplimentare privind orice măsuri pe care statul parte le‑a luat ca răspuns la punctele de vedere sau recomandările sale, dacă există, incluzându‑le, după cum se consideră potrivit de către Comitet, în rapoartele subsecvente ale statului parte, conform art. 18 din Convenţie.
Articolul 8 1. În cazul în care Comitetul primeşte informaţii corelative indicând violări grave sau sistematice de către un stat parte ale drepturilor stabilite în Convenţie, Comitetul va invita acel stat parte să coopereze la examinarea informaţiilor şi, în acest sens, să transmită observaţii referitoare la informaţiile vizate. 2. Luând în considerare orice observaţii care se poate să fi fost transmise de către statul parte vizat, precum şi orice alte informaţii corelative pe care le are la dispoziţie, Comitetul poate desemna unul sau mai mulţi membri ai săi să conducă o anchetă şi să raporteze imediat Comitetului. În cazul în care există un mandat şi consimţă- mântul statului parte, ancheta poate include o vizită pe teritoriul acestuia. 3. După examinarea rezultatelor unei astfel de anchete, Comitetul va transmite aceste rezultate statului parte vizat, împreună cu orice alte comentarii sau recomandări. 4. În termen de 6 luni de la primirea rezultatelor, comentariilor şi recomandărilor transmise de Comitet, statul parte vizat va transmite observaţiile sale Comitetului. 5. O astfel de anchetă va fi realizată confidenţial şi cooperarea statului parte va fi solicitată în toate etapele procedurii.
Articolul 9 1. Comitetul poate invita statul parte vizat să includă în raportul său, conform art. 18 din Convenţie, detalii referitoare la orice măsuri luate ca răspuns la o anchetă realizată conform art. 8 din prezentul protocol. 2. Dacă este necesar, la sfârşitul perioadei de 6 luni stabilite în art. 8 paragraful 4, Comitetul poate să invite statul parte vizat să îl informeze cu privire la măsurile luate ca răspuns la o astfel de anchetă.
Articolul 10 1. Fiecare stat parte poate, la momentul semnării sau ratificării prezentului protocol ori al aderării la acesta, să declare că nu recunoaşte competenţa Comitetului stabilită în art. 8 şi 9. 2. Fiecare stat parte care a făcut o declaraţie în conformitate cu paragraful 1 al prezentului articol poate, în orice moment, să îşi retragă declaraţia prin notificare către secretarul general al Organizaţiei Naţiunilor Unite.
Articolul 11 Un stat parte va trebui să ia toate măsurile necesare pentru a se asigura că persoanele aflate sub jurisdicţia sa nu sunt supuse unui tratament necorespunzător sau intimidării, ca o consecinţă a informării Comitetului pe baza prezentului protocol.
Articolul 12 Comitetul va include în raportul său anual, conform art. 21 din Convenţie, un rezumat al activităţilor sale, în baza prezentului protocol.
Articolul 13 Fiecare stat parte se angajează să facă cunoscut şi să dea publicităţii Convenţia şi prezentul protocol şi să faciliteze accesul la informaţii privind punctele de vedere şi recomandările Comitetului, în special privind pro- blemele care implică acel stat parte.
Articolul 14 Comitetul va elabora propriile reguli de procedură care vor trebui urmate când îşi exercită funcţiile confe- rite prin prezentul protocol.
33 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Articolul 15 1. Prezentul protocol va fi deschis semnării de către orice stat care a semnat, a ratificat sau a aderat la Con- venţie. 2. Prezentul protocol va fi supus ratificării de către orice stat care a ratificat sau a aderat la Convenţie. Instru- mentele de ratificare vor fi depuse la secretarul general al Organizaţiei Naţiunilor Unite. 3. Prezentul protocol va fi deschis aderării oricărui stat care a ratificat sau a aderat la Convenţie. 4. Aderarea va avea loc prin depunerea instrumentului de aderare la secretarul general al Organizaţiei Na- ţiunilor Unite.
Articolul 16 1. Prezentul protocol va intra în vigoare după 3 luni de la data depunerii la secretarul general al Organizaţiei Naţiunilor Unite a celui de‑al zecelea instrument de ratificare sau de aderare. 2. Pentru fiecare stat care ratifică prezentul protocol sau aderă la acesta după intrarea sa în vigoare, prezentul protocol intră în vigoare după 3 luni de la data depunerii propriului instrument de ratificare sau de aderare.
Articolul 17 Nu sunt admise rezerve la prezentul protocol.
Articolul 18 1. Orice stat parte poate propune un amendament la prezentul protocol şi să îl înregistreze la secretarul general al Organizaţiei Naţiunilor Unite. Secretarul general va comunica apoi orice amendamente propuse sta- telor părţi, cu solicitarea ca acestea să îi notifice dacă sunt în favoarea unei conferinţe a statelor părţi în scopul analizării şi votării propunerii. În eventualitatea că cel puţin o treime dintre statele părţi se exprimă în favoarea unei astfel de conferinţe, secretarul general va organiza conferinţa sub auspiciile Organizaţiei Naţiunilor Unite. Orice amendament adoptat prin majoritatea voturilor statelor părţi prezente la conferinţă va fi transmis Adu- nării Generale a Organizaţiei Naţiunilor Unite spre aprobare. 2. Amendamentele intră în vigoare după ce au fost aprobate de Adunarea Generală a Organizaţiei Naţiuni- lor Unite şi acceptate cu o majoritate de două treimi din statele părţi la prezentul protocol, în conformitate cu procedurile lor constituţionale. 3. După intrarea în vigoare a amendamentelor, acestea devin obligatorii pentru statele părţi care le‑au accep- tat, celelalte state părţi fiind în continuare legate prin prevederile prezentului protocol şi orice amendamente anterioare pe care le‑au acceptat.
Articolul 19 1. Orice stat parte poate denunţa prezentul protocol, în orice moment, printr‑o notificare scrisă adresată se- cretarului general al Organizaţiei Naţiunilor Unite. Denunţarea va produce efecte după 6 luni de la data primirii notificării de către secretarul general. 2. Denunţarea nu va prejudicia aplicarea în continuare a prevederilor prezentului protocol în raport cu orice comunicare transmisă conform art. 2 sau cu orice anchetă iniţiată conform art. 8, înainte de data efectivă a denunţării.
Articolul 20 a) Secretarul general al Organizaţiei Naţiunilor Unite va informa toate statele desprsemnări, ratificări şi aderări la prezentul protocol; b) data intrării în vigoare a prezentului protocol şi a oricărui amendament conform art. 18; c) orice denunţare în conformitate cu art. 19.
Articolul 21 1. Prezentul protocol, ale cărui versiuni în limbile arabă, chineză, engleză, franceză, rusă şi spaniolă sunt egal autentice, va fi depus în arhivele Organizaţiei Naţiunilor Unite. 2. Secretarul general al Organizaţiei Naţiunilor Unite va transmite copii autentificate ale prezentului proto- col tuturor statelor la care s‑a făcut referire în art. 25 din Convenţie.
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3. Conventia cu privire la drepturile copilului* si Protocolul Opţional la aceasta privind vânzarea copiilor, prostituţia infantilă şi pornografia infantilă
PREAMBUL
Statele părţi la prezenta Convenţie, Având în vedere că, în conformitate cu principiile proclamate de Carta Naţiunilor Unite, recunoaşterea dem- nităţii şi a drepturilor egale şi inalienabile ale tuturor membrilor familiei umane constituite fundamentul libertăţii, dreptăţii şi păcii în lume.Având în vedere că în Cartă popoarele Naţiunilor Unite au proclamat din nou încrederea lor în drepturile fundamentale ale omului, în demnitatea şi valoarea persoanei umane şi au hotărât să promoveze progresul social şi condiţii mai bune de trai în contextul unei libertăţi sporite. Recunoscând faptul că Naţiunile Unite, în Declaraţia Universală a Drepturilor Omului şi în pactele internaţi- onale privind drepturile omului, au proclamat şi au convenit că fiecare poate să se prevaleze de drepturile şi de libertăţile enunţate de acestea, fără nici o deosebire de rasă, culoare, sex, limbă, religie, opinie politică sau orice altă opinie, naţionalitate şi origine socială, situaţie materială, statut la naştere sau alt statut. Amintind faptul că în Declaraţia Universală a Drepturilor Omului Naţiunile Unite au proclamat dreptul copiilor la îngrijire şi asistenţă speciale. Având convingerea că familia, ca unitate de bază a societăţii şi ca mediu natural destinat creşterii şi bunăs- tării tuturor membrilor săi şi, în special, a copiilor, trebuie să beneficieze de protecţia şi de asistenţa de care are nevoie pentru a-şi putea asuma pe deplin responsabilităţile în cadrul societăţii. Recunoscând că pentru dezvoltarea plenară şi armonioasă a personalităţii sale copilul trebuie să crească într- un mediu familial, într-o atmosferă de fericire, dragoste şi înţelegere, Ţinând seama de faptul că un copil trebuie să fie pe deplin pregătit să trăiască independent în societate şi să fie educat în spiritul idealurilor proclamate în Carta Naţiunilor Unite şi, în special, în spiritul păcii, demnităţii, libertăţii, toleranţei, egalităţii şi solidarităţii. Având în vedere că necesitatea de a extinde protecţia specială acordată copilului a fost enunţată în Declaraţia de la Geneva din 1924 privind drepturile copilului şi în Declaraţia drepturilor copilului, adoptată de Adunarea Generală la 20 noiembrie 1959, şi a fost recunoscută în Declaraţia Universală a Drepturilor Omului, în Pactul internaţional privind drepturile civile şi politice (în special art. 23 şi 24), în Pactul internaţional privind drepturi economice, sociale şi culturale (în special art. 10) şi în statutele şi instrumentele aplicabile ale instituţiilor speci- alizate şi ale organizaţiilor internaţionale preocupate de bunăstarea copilului, Având în vedere că, aşa cum s-a arătat în Declaraţia drepturilor copilului, „dată fiind lipsa sa de maturitate fizică şi intelectuală, copilul are nevoie de protecţie şi îngrijire speciale, inclusiv de o protecţie juridică adecvată, atât înainte cât şi după naşterea sa“, Reamintind dispoziţiile Declaraţiei cu privire la principiile sociale şi juridice aplicabile protecţiei şi bunăs- tării copiilor, cu referire specială la practicile în materie de plasament familial şi de adopţie pe plan naţional şi internaţional, precum şi Regulile minimale standard ale Naţiunilor Unite privind administrarea justiţiei în ca- zul minorilor (Regulile de la Beijing), Declaraţia privind protecţia femeilor şi copiilor în caz de stare de urgenţă şi de conflict armat, Recunoscând că în toate ţările lumii există copii care trăiesc în condiţii extrem de dificile şi care au nevoie de o atenţie deosebită, Ţinând seama de importanţa tradiţiilor şi a valorilor culturale ale fiecărui popor în protejarea şi dezvoltarea armonioasă a copilului, Recunoscând importanţa cooperării internaţionale destinate îmbunătăţirii condiţiilor de trai ale copiilor din toate ţările şi, în special, din ţările în curs de dezvoltare, Convin după cum urmează:
* Adoptată de Adunarea generală a Organizaţiei Naţiunilor Unite la 29 noiembrie 1989. Intrată în vigoare la 2 septembrie 1990.
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Partea I Articolul 1 În sensul prezentei Convenţii, prin copil se înţelege orice fiinţă umană sub vârsta de 18 ani, exceptând cazu- rile în care legea aplicabilă copilului stabileşte limita majoratului sub această vârstă.
Articolul 2 1. Statele părţi se angajează să respecte şi să garanteze drepturile stabilite în prezenta Convenţie tuturor copiilor din jurisdicţia lor, indiferent de rasă, culoare, sex, limbă, religie, opinie politică sau altă opinie, de naţio- nalitate, apartenenţă etnică sau originea socială, de situaţia materială, incapacitatea fizică, de statutul la naştere sau de statutul dobândit al copilului ori al părinţilor sau al reprezentanţilor legali ai acestuia. 2. Statele părţi vor lua toate măsurile de protejare a copilului împotriva oricărei forme de discriminare sau de sancţionare pe considerente ţinând de situaţia juridică, activităţile, opiniile declarate sau convingerile părin- ţilor, ale reprezentanţilor săi legali sau ale membrilor familiei sale.
Articolul 3 1. În toate acţiunile care privesc copiii, întreprinse de instituţiile de asistenţă socială publice sau private, de instanţele judecătoreşti, autorităţile administrative sau de organele legislative, interesele copilului vor prevala. 2. Statele părţi se obligă să asigure copilului protecţia şi îngrijirea necesare în vederea asigurării bunăstării sale, ţinând seama de drepturile şi obligaţiile părinţilor săi, ale reprezentanţilor săi legali sau ale altor persoane cărora acesta le-a fost încredinţat în mod legal, şi în acest scop vor lua toate măsurile legislative şi administrative corespunzătoare. 3. Statele părţi vor veghea ca instituţiile, serviciile şi aşezămintele care răspund de protecţia şi îngrijirea copiilor să respecte standardele stabilite de autorităţile competente, în special cele referitoare la securitate şi sănătate, la numărul şi calificarea personalului din aceste instituţii, precum şi la asigurarea unei supravegheri competente.
Articolul 4 Statele părţi se angajează să ia toate măsurile legislative, administrative şi de orice altă natură necesare în vederea punerii în aplicare a drepturilor recunoscute în prezenta Convenţie. În cazul drepturilor economice, sociale şi culturale statele părţi se obligă să adopte aceste măsuri, fără a precupeţi resursele de care dispun şi, dacă este cazul, în cadrul cooperării internaţionale.
Articolul 5 Statele părţi vor respecta responsabilităţile, drepturile şi îndatoririle ce revin părinţilor naturali ai copilului sau, după caz şi conform tradiţiei locale, membrilor familiei lărgite sau comunităţii, tutorilor sau altor persoane care au, prin lege, copii în îngrijire, de a asigura, de o manieră corespunzătoare capacităţilor în continuă dez- voltare ale copilului, îndrumarea şi orientarea necesare în exercitarea de către copil a drepturilor recunoscute în prezenta Convenţie.
Articolul 6 1. Statele părţi recunosc dreptul la viaţă al fiecărui copil. 2. Statele părţi vor face tot ce le stă în putinţă pentru a asigura supravegherea şi dezvoltarea copilului.
Articolul 7 1. Copilul se înregistrează imediat după naşterea sa şi are, prin naştere, dreptul la un nume, dreptul de a dobândi o cetăţenie şi, în măsura posibilului, dreptul de a-şi cunoaşte părinţii şi de a fi îngrijit de aceştia. 2. Statele părţi vor veghea ca aplicarea acestor drepturi să respecte legislaţia lor naţională şi obligaţiile pe care acestea şi le-au asumat în temeiul instrumentelor internaţionale aplicabile în materie, în special în cazul în care nerespectarea acestora ar avea ca efect declararea copilului ca apatrid.
Articolul 8 1. Statele părţi se obligă să respecte dreptul copilului de a-şi păstra identitatea, inclusiv cetăţenia, numele şi relaţiile familiale, astfel cum sunt recunoscute de lege, fără nici o imixtiune ilegală.
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2. În cazul în care un copil este lipsit în mod ilegal de toate sau de o parte din elementele constitutive ale identităţii sale, statele părţi vor asigura asistenţa şi protecţia corespunzătoare pentru ca identitatea acestuia să fie restabilită cât mai repede posibil.
Articolul 9 1. Statele părţi vor veghea ca nici un copil să nu fie separat de părinţii săi împotriva voinţei acestora, excep- tând situaţia în care autorităţile competente decid, sub rezerva revizuirii judiciare şi cu respectarea legilor şi a procedurilor aplicabile, că această separare este în interesul suprem al copilului. O astfel de decizie poate deveni necesară în cazuri particulare cum ar fi, de exemplu, în cazul copiilor maltrataţi sau neglijaţi de părinţi sau în cazul în care părinţii trăiesc separat şi se impune luarea unei hotărâri cu privire la locul de reşedinţă a copilului. 2. În toate cazurile prevăzute la paragraful 1 din prezentul articol toate părţile interesate trebuie să aibă po- sibilitatea de a participa la dezbateri şi de a-şi face cunoscute punctele de vedere. 3. Statele părţi vor respecta dreptul copilului care a fost separat de ambii părinţi sau de unul dintre ei de a întreţine relaţii personale şi contacte directe cu cei doi părinţii ai săi, în mod regulat, exceptând cazul în care acest lucru contravine interesului suprem al copilului. 4. Când separarea rezultă din măsuri luate de către un stat parte, precum detenţia, închisoarea, exilul, ex- pulzarea sau moartea (inclusiv moartea, indiferent de cauză, survenită în timpul detenţiei) ambilor părinţi sau a unuia dintre ei ori a copilului, statul parte va furniza, la cerere, părinţilor, copilului sau, după caz, unui alt membru al familiei informaţiile esenţiale despre locul unde se găsesc membrul sau membrii familiei, exceptând cazul în care divulgarea acestor informaţii ar aduce prejudicii bunăstării copilului. Statele părţi vor veghea, de asemenea, ca prezentarea unei astfel de cereri să nu antreneze prin ea însăşi consecinţe dăunătoare pentru persoana sau persoanele interesate.
Articolul 10 1. În conformitate cu obligaţia ce revine statelor părţi potrivit art. 9 paragraful 1, orice cerere depusă de un copil sau de părinţii acestuia, în vederea intrării într-un stat parte sau a părăsirii acestuia în scopul reîntregirii familiei, va fi examinată de statele părţi cu bunăvoinţă, umanism şi cu operativitate. Statele părţi vor veghea, de asemenea, ca depunerea unei astfel de cereri să nu antreneze consecinţe nefaste asupra solicitanţilor şi mem- brilor familiei acestora. 2. Copilul ai cărui părinţi îşi au reşedinţa în state diferite va avea dreptul de a întreţine, în afara unor situaţii excepţionale, relaţii personale şi contacte directe, în mod regulat, cu ambii săi părinţi. În acest scop şi în confor- mitate cu obligaţia care revine statelor părţi în temeiul art. 9 paragraful 1, statele părţi vor respecta dreptul copi- lului şi al părinţilor săi de a părăsi orice ţară, inclusiv propria lor ţară, şi de a reveni în propria lor ţară. Dreptul de a părăsi orice ţară nu poate fi îngrădit decât de restricţiile prevăzute în mod expres de lege şi care sunt ne- cesare pentru protejarea siguranţei naţionale, a ordinii publice, a sănătăţii publice sau a bunelor moravuri ori a drepturilor şi libertăţilor altora şi care sunt compatibile cu celelalte drepturi recunoscute în prezenta Convenţie.
Articolul 11 1. Statele părţi vor lua măsuri pentru a combate acţiunile ilegale de transferare şi de împiedicare a reîntoar- cerii copiilor în, respectiv din, străinătate. 2. În acest scop statele părţi vor promova încheierea de acorduri bilaterale şi multilaterale sau aderarea la acordurile existente.
Articolul 12 1. Statele părţi vor garanta copilului capabil de discernământ dreptul de a-şi exprima liber opinia asupra oricărei probleme care îi priveşte, opiniile copilului urmând să fie luate în considerare ţinându-se seama de vârsta sa şi de gradul său de maturitate. 2. În acest scop copilului i se va da, în special, posibilitatea de a fi ascultat în orice procedură judiciară sau administrativă care îl priveşte, fie direct, fie printr-un reprezentant sau un organism competent, în conformitate cu regulile de procedură din legislaţia naţională.
Articolul 13 1. Copilul are dreptul la libertatea de exprimare; acest drept cuprinde libertatea de a căuta, de a primi şi de a difuza informaţii şi idei de orice natură, indiferent de frontiere, sub formă orală, scrisă, tipărită sau artistică ori prin orice alte mijloace, la alegerea copilului.
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2. Exercitarea acestui drept poate face subiectul restricţiilor, dar numai al acelor restricţii expres prevăzute de lege şi absolut necesare pentru: a) respectarea drepturilor sau a reputaţiei altora; sau b) protejarea securităţii naţionale, a ordinii publice, a sănătăţii publice şi a bunelor moravuri.
Articolul 14 1. Statele părţi vor respecta dreptul copilului la libertatea de gândire, de conştiinţă şi religie. 2. Statele părţi vor respecta drepturile şi obligaţiile părinţilor sau, după caz, ale reprezentanţilor legali ai copilului de a-l îndruma în exercitarea dreptului susmenţionat, de o manieră care să corespundă capacităţilor în formare ale acestuia. 3. Libertatea de a-şi manifesta propriile convingeri religioase sau alte convingeri nu poate fi îngrădită decât de restricţiile prevăzute în mod expres de lege şi care sunt necesare pentru protecţia securităţii publice, a ordinii publice, a sănătăţii publice şi a bunelor moravuri sau a libertăţilor şi drepturilor fundamentale ale altora.
Articolul 15 1. Statele părţi recunosc drepturile copilului la libertatea de asociere şi la libertatea de întrunire paşnică. 2. Exercitarea acestor drepturi nu poate fi îngrădită decât de restricţiile prevăzute în mod expres de lege şi care sunt necesare într-o societate democratică, în interesul securităţii naţionale, al siguranţei sau ordinii publi- ce ori pentru a proteja sănătatea publică sau bunele moravuri ori pentru a proteja drepturile şi libertăţile altora.
Articolul 16 1. Nici un copil nu va fi supus unei imixtiuni arbitrare sau ilegale în viaţa sa privată, în familia sa, în domici- liul său ori în corespondenţa sa, precum şi nici unui fel de atac ilegal la onoarea şi reputaţia sa. 2. Copilul are dreptul la protecţia garantată de lege împotriva unor astfel de imixtiuni sau atacuri.
Articolul 17 Statele părţi vor recunoaşte importanţa funcţiei îndeplinite de mijloacele de informare în masă şi vor asi- gura accesul copilului la informaţie şi materiale provenind din surse naţionale şi internaţionale, în special cele care urmăresc promovarea bunăstării sale sociale, spirituale şi morale şi a sănătăţii sale fizice şi morale. În acest scop statele părţi: a) vor încuraja difuzarea, prin mijloacele de informare în masă, de informaţii şi materiale de interes social şi educativ pentru copil şi care sunt în conformitate cu art. 29; b) vor încuraja cooperarea internaţională în procedura, schimbul şi difuzarea de astfel de informaţii şi ma- teriale provenind din surse culturale, naţionale şi internaţionale; c) vor încuraja producerea şi difuzarea de cărţi pentru copii; d) vor încuraja mijloacele de informare în masă să ţină seama, în mod deosebit, de nevoile lingvistice ale copiilor autohtoni sau ale celor care aparţin unui grup minoritar; e) vor favoriza elaborarea unor principii călăuzitoare adecvate, destinate protejării copilului împotriva in- formaţiilor şi materialelor care dăunează bunăstării sale, având în vedere prevederile art. 13 şi 18.
Articolul 18 1. Statele părţi vor depune eforturi pentru asigurarea recunoaşterii principiului potrivit căruia ambii părinţi au responsabilităţi comune pentru creşterea şi dezvoltarea copilului. Părinţii sau, după caz, reprezentanţii săi legali sunt principalii responsabili de creşterea şi dezvoltarea copilului. Aceştia trebuie să acţioneze, în primul rând, în interesul suprem al copilului. 2. Pentru garantarea şi promovarea drepturilor enunţate în prezenta Convenţie statele părţi vor acorda aju- tor corespunzător părinţilor şi reprezentanţilor legali ai copilului în exercitarea responsabilităţii care le revine în legătură cu creşterea copilului şi vor asigura crearea instituţiilor, aşezămintelor şi serviciilor de îngrijire a copiilor. 3. Statele părţi vor lua toate măsurile corespunzătoare pentru a asigura copiilor ai căror părinţi muncesc dreptul de a beneficia de serviciile şi aşezămintele de îngrijire a copiilor, pentru care ei îndeplinesc condiţiile cerute.
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Articolul 19 1. Statele părţi vor lua toate măsurile legislative, administrative, sociale şi educative corespunzătoare, în vederea protejării copilului împotriva oricăror forme de violenţă, vătămare sau abuz, fizic sau mental, de aban- don sau neglijenţă, de rele tratamente sau de exploatare, inclusiv abuz sexual, în timpul cât se află în îngrijirea părinţilor sau a unuia dintre ei, a reprezentantului ori reprezentanţilor legali sau a oricărei persoane căreia i-a fost încredinţat. 2. Aceste măsuri de protecţie vor cuprinde, după caz, proceduri eficiente pentru stabilirea de programe sociale care să asigure sprijinul necesar copilului şi celor cărora le-a fost încredinţat, precum şi pentru institu- irea altor forme de prevenire şi pentru identificarea, denunţarea, acţionarea în instanţă, anchetarea, tratarea şi urmărirea cazurilor de rele tratamente aplicate copilului, descrise mai sus, şi, dacă este necesar, a procedurilor de implicare judiciară.
Articolul 20 1. Copilul care este, temporar ori permanent, lipsit de mediul său familial sau care, pentru protejarea intere- selor sale, nu poate fi lăsat în acest mediu are dreptul la protecţie şi asistenţă speciale din partea statului. 2. Statele părţi, în conformitate cu legislaţia lor naţională, vor asigura protecţie alternativă pentru un astfel de copil. 3. Această protecţie poate include, mai ales, plasamentul familial, „kafalah“ din dreptul islamic, adopţia sau, în caz de necesitate, plasarea în instituţii corespunzătoare de îngrijire a copiilor. În alegerea uneia dintre aceste soluţii este necesar să se ţină seama în mod corespunzător de necesitatea unei anumite continuităţi în educarea copilului, precum şi de originea sa etnică, religioasă, culturală şi lingvistică.
Articolul 21 Statele părţi care recunosc şi/sau autorizează adopţia vor veghea ca interesele supreme ale copilului să pri- meze şi: a) vor veghea ca adopţia unui copil să fie autorizată numai de autorităţile competente care verifică, în con- formitate cu legea şi cu procedurile aplicabile, precum şi pe baza tuturor informaţiilor pertinente şi credibile, că adopţia se poate realiza luând în considerare statutul copilului în raport cu părinţii, cu rudele şi cu repre- zentanţii săi legali şi, dacă este cazul, că persoanele interesate şi-au dat consimţământul cu privire la adopţie în cunoştinţă de cauză în urma unei consilieri corespunzătoare; b) recunosc că adopţia în străinătate poate fi considerată ca un mijloc alternativ de asigurare a îngrijirii ne- cesare copilului, dacă acesta, în ţara de origine, nu poate fi încredinţat spre plasament familial sau spre adopţie ori nu poate fi îngrijit în mod corespunzător; c) vor asigura că, în cazul adopţiei în străinătate, copilul beneficiază de garanţiile şi standardele echivalente celor existente în cazul adopţiei naţionale; d) vor lua toate măsurile corespunzătoare pentru a se asigura că, în cazul adopţiei în străinătate, plasamentul copilului nu conduce la obţinerea de câştiguri materiale necuvenite pentru persoanele implicate; e) promovează obiectivele prezentului articol, încheind aranjamente sau acorduri bilaterale ori multilaterale, după caz, şi se străduiesc, în acest cadru, să asigure ca plasarea copiilor în străinătate să fie efectuată de autori- tăţile sau organele competente.
Articolul 22 1. Statele părţi vor lua măsurile necesare pentru ca un copil care caută să obţină statutul de refugiat sau care este considerat refugiat în conformitate cu reglementările şi procedurile internaţionale şi naţionale aplicabile, fie că este singur sau însoţit de mamă ori de tată sau de orice altă persoană, să beneficieze de protecţia şi asistenţa uma- nitară corespunzătoare, pentru a se putea bucura de drepturile recunoscute de prezenta Convenţie şi de celelalte instrumente internaţionale privind drepturile omului sau ajutorul umanitar la care respectivele state sunt părţi. 2. În acest scop statele părţi vor contribui, după cum consideră necesar, la toate eforturile întreprinse de O.N.U. şi de alte organizaţii guvernamentale sau neguvernamentale competente cooperând cu O.N.U., pentru a proteja şi ajuta copiii care se găsesc într-o astfel de situaţie şi pentru a găsi părinţii sau alţi membri ai familiei oricărui copil refugiat, în vederea obţinerii informaţiilor necesare pentru reîntregirea familiei sale. În cazul în care părinţii sau alţi membri ai familiei nu pot fi găsiţi, copilului i se va acorda aceeaşi protecţie ca oricărui alt copil care este temporar sau total lipsit de mediul său familial, indiferent de motiv, în conformitate cu principiile enunţate în prezenta Convenţie.
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Articolul 23 1. Statele părţi recunosc că pentru copiii handicapaţi fizic şi mental trebuie să se asigure o viaţă împlinită şi decentă, în condiţii care să le garanteze demnitatea, să le favorizeze autonomia şi să le faciliteze participarea activă la viaţa comunităţii. 2. Statele părţi recunosc dreptul copiilor handicapaţi de a beneficia de îngrijiri speciale şi încurajează şi asigu- ră, în măsura resurselor disponibile, la cerere, copiilor handicapaţi care îndeplinesc condiţiile prevăzute şi celor care îi au în îngrijire, un ajutor adaptat situaţiei copilului şi situaţiei părinţilor sau a celor cărora le este încredinţat. 3. Recunoscând nevoile speciale ale copiilor handicapaţi, ajutorul acordat conform paragrafului 2 al pre- zentului articol va fi gratuit ori de câte ori acest lucru este posibil, ţinând seama de resursele financiare ale părinţilor sau ale celor care îi au în îngrijire, şi va fi destinat asigurării accesului efectiv al copiilor handicapaţi la educaţie, formare profesională, servicii medicale, recuperare, pregătire în vederea ocupării unui loc de muncă, activităţi recreative, de o manieră care să asigure deplina integrare socială şi dezvoltare individuală a copiilor, inclusiv dezvoltarea lor culturală şi spirituală. 4. În spiritul cooperării internaţionale, statele părţi vor favoriza schimbul de informaţii relevante în dome- niul medicinei preventive şi al tratamentului medical psihologic şi funcţional al copiilor handicapaţi, inclusiv prin difuzarea şi accesul la informaţii referitoare la metodele de recuperare, educare şi formare profesională, în scopul de a permite statelor părţi să îşi perfecţioneze capacităţile şi competenţele şi să îşi extindă experienţa în aceste domenii. În această privinţă se va ţine seama, în mod deosebit, de nevoile ţărilor în curs de dezvoltare.
Articolul 24 1. Statele părţi recunosc dreptul copilului de a se bucura de cea mai bună stare de sănătate posibilă şi de a beneficia de serviciile medicale şi de recuperare. Ele vor depune eforturi pentru a garanta că nici un copil nu este lipsit de dreptul de a avea acces la aceste servicii. 2. Statele părţi vor depune eforturi pentru a asigura aplicarea efectivă a acestui drept şi, în mod deosebit, vor lua măsurile corespunzătoare pentru: a) reducerea mortalităţii infantile şi a celei în rândul copiilor; b) asigurarea asistenţei medicale şi a măsurilor de ocrotire a sănătăţii pentru toţi copiii, cu accent pe dezvol- tarea măsurilor primare de ocrotire a sănătăţii; c) combaterea maladiilor şi a malnutriţiei, inclusiv în cadrul măsurilor primare de ocrotire a sănătăţii, recur- gând, printre altele, la tehnologii accesibile şi la aprovizionarea cu alimente nutritive şi cu apă potabilă, luând în considerare pericolele şi riscurile de poluare a mediului natural; d) asigurarea ocrotirii sănătăţii mamelor în perioada pre- şi postnatală; e) asigurarea că toate segmentele societăţii, în mod deosebit părinţii şi copiii, sunt informate, au acces la educaţie şi sunt sprijinite în folosirea cunoştinţelor de bază despre sănătatea şi alimentaţia copilului, despre avantajele alăptării, ale igienei şi salubrităţii mediului înconjurător şi ale prevenirii accidentelor; f) crearea serviciilor de medicină preventivă, de îndrumare a părinţilor şi de planificare familială, şi asigu- rarea educaţiei în aceste domenii. 3. Statele părţi vor lua toate măsurile eficiente corespunzătoare, în vederea abolirii practicilor tradiţionale dăunătoare sănătăţii copiilor. 4. Statele părţi se angajează să favorizeze şi să încurajeze cooperarea internaţională în vederea asigurării, în mod progresiv, a deplinei înfăptuiri a dreptului recunoscut în prezentul articol. În această privinţă se va ţine seama, în mod deosebit, de nevoile ţărilor în curs de dezvoltare.
Articolul 25 Statele părţi recunosc dreptul copilului care a fost plasat de către autoritatea competentă pentru a primi îngrijiri, la protejarea sau tratarea afecţiunilor sale fizice ori mentale, dreptul la verificarea periodică a trata- mentului respectiv şi a oricăror alte aspecte legate de plasarea sa.
Articolul 26 1. Statele părţi recunosc dreptul oricărui copil de a beneficia de asistenţă socială, inclusiv de asigurări sociale, şi vor lua măsuri pentru asigurarea exercitării depline a acestui drept în conformitate cu legislaţia lor naţională. 2. La acordarea indemnizaţiilor prevăzute de lege se va ţine seama, când este cazul, de resursele şi situaţia copilului şi ale persoanelor responsabile de întreţinerea sa, precum şi de orice alte împrejurări care au legătură cu cererea de acordare a indemnizaţiilor, înaintată de copil sau în numele său.
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Articolul 27 1. Statele părţi recunosc dreptul oricărui copil de a beneficia de un nivel de trai care să permită dezvoltarea sa fizică, mentală, spirituală, morală şi socială. 2. Părinţilor şi oricărei alte persoane care au în grijă un copil le revine în primul rând responsabilitatea de a asigura, în limita posibilităţilor şi a mijloacelor lor financiare, condiţiile de viaţă necesare în vederea dezvoltării copilului. 3. Statele părţi vor adopta măsurile corespunzătoare, ţinând seama de condiţiile naţionale şi în limita mij- loacelor lor, pentru a ajuta părinţii şi alte persoane care au în grijă un copil să valorifice acest drept şi vor oferi în caz de nevoie asistenţă materială şi programe de sprijin destinate, în principal, satisfacerii nevoilor de hrană, îmbrăcăminte şi locuinţă. 4. Statele părţi vor lua toate măsurile adecvate pentru recuperarea pensiei alimentare pentru copil de la părinţii săi sau de la alte persoane care răspund din punct de vedere financiar pentru acesta, atât pe teritoriul statului parte, cât şi în străinătate. Astfel, în situaţia în care persoana care răspunde din punct de vedere financi- ar pentru copil nu locuieşte în statul în care locuieşte copilul, statele părţi vor încuraja aderarea la acorduri in- ternaţionale sau încheierea de asemenea acorduri, precum şi adoptarea oricăror alte înţelegeri corespunzătoare.
Articolul 28 1. Statele părţi recunosc dreptul copilului la educaţie şi, în vederea asigurării exercitării acestui drept în mod progresiv şi pe baza egalităţii de şanse, în special, statele membre vor avea obligaţia: a) de a asigura învăţământul primar obligatoriu şi gratuit pentru toţi; b) de a încuraja crearea diferitelor forme de învăţământ secundar, atât general, cât şi profesional şi de a le pune la dispoziţia tuturor copiilor şi de a permite accesul tuturor copiilor la acestea, de a lua măsuri corespun- zătoare, cum ar fi instituirea gratuităţii învăţământului şi acordarea unui ajutor financiar în caz de nevoie; c) de a asigura tuturor accesul la învăţământul superior, în funcţie de capacitatea fiecăruia, prin toate mij- loacele adecvate; d) de a pune la dispoziţie copiilor şi de a permite accesul acestora la informarea şi orientarea şcolară şi pro- fesională; e) de a lua măsuri pentru încurajarea frecventării cu regularitate a şcolii şi pentru reducerea ratei abando- nului şcolar. 2. Statele părţi vor lua toate măsurile corespunzătoare pentru a asigura aplicarea măsurilor de disciplină şco- lară într-un mod compatibil cu demnitatea copilului ca fiinţă umană şi în conformitate cu prezenta Convenţie. 3. Statele părţi vor promova şi vor încuraja cooperarea internaţională în domeniul educaţiei, mai ales în scopul de a contribui la eliminarea ignoranţei şi a analfabetismului în lume şi de a facilita accesul la cunoştinţe ştiinţifice şi tehnice şi la metode de învăţământ moderne. În această privinţă se va ţine seama, în special, de nevoile ţărilor în curs de dezvoltare.
Articolul 29 1. Statele părţi sunt de acord că educaţia copilului trebuie să urmărească: a) dezvoltarea plenară a personalităţii, a vocaţiilor şi a aptitudinilor mentale şi fizice ale copilului; b) cultivarea respectului pentru drepturile omului şi libertăţile fundamentale, precum şi pentru principiile consacrate în Carta Naţiunilor Unite; c) educarea copilului în spiritul respectului faţă de părinţii săi, faţă de limba sa, de identitatea şi valorile sale culturale, faţă de valorile naţionale ale ţării în care acesta locuieşte, ale ţării de origine, precum şi faţă de civilizaţii diferite de a sa; d) pregătirea copilului să îşi asume responsabilităţile vieţii într-o societate liberă, într-un spirit de înţelegere, de pace, de toleranţă, de egalitate între sexe şi prietenie între toate popoarele şi grupurile etnice, naţionale şi religioase şi cu persoanele de origine autohtonă; e) educarea copilului în spiritul respectului faţă de mediul natural. 2. Nici o dispoziţie din prezentul articol sau din art. 28 nu va fi interpretată de o manieră care să aducă atingere libertăţii persoanelor fizice sau juridice de a crea şi conduce instituţii de învăţământ, cu condiţia ca principiile enunţate în paragraful 1 al prezentului articol să fie respectate şi ca educaţia dată în aceste instituţii să respecte normele minimale prescrise de stat.
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Articolul 30 În statele în care există minorităţi etnice, religioase sau lingvistice ori persoane de origine autohtonă copilul aparţinând unei astfel de minorităţi sau având origine autohtonă nu va fi privat de dreptul la viaţă culturală proprie, de dreptul de a-şi declara apartenenţa religioasă şi de a-şi practica propria religie, precum şi dreptul de a folosi limba proprie în comun cu alţi membri ai grupului său.
Articolul 31 1. Statele părţi recunosc copilului dreptul la odihnă şi la vacanţă, dreptul de a practica activităţi recreative proprii vârstei sale, de a participa liber la viaţa culturală şi artistică. 2. Statele părţi respectă şi promovează dreptul copilului de a participa pe deplin la viaţa culturală şi artistică şi încurajează punerea la dispoziţie acestuia a mijloacelor adecvate de petrecere a timpului liber şi de desfăşu- rare a activităţilor recreative, artistice şi culturale, în condiţii de egalitate.
Articolul 32 1. Statele părţi recunosc dreptul copilului de a fi protejat împotriva exploatării economice şi de a nu fi con- strâns la vreo muncă ce comportă vreun risc potenţial sau care este susceptibil să îi compromită educaţia ori să îi dăuneze sănătăţii sau dezvoltării sale fizice, mentale, spirituale, morale ori sociale. 2. Statele părţi vor lua măsuri legislative, administrative, sociale şi educative pentru a asigura aplicarea pre- zentului articol. În acest scop şi ţinând seama de dispoziţiile aplicabile ale celorlalte instrumente internaţionale, statele părţi se obligă, în special: a) să fixeze o vârstă minimă sau vârste minime de angajare; b) să adopte o reglementare cu privire la orele şi la condiţiile de muncă; c) să prevadă pedepse sau alte sancţiuni corespunzătoare, pentru a asigura aplicarea întocmai a prezentului articol.
Articolul 33 Statele părţi vor lua măsuri corespunzătoare, inclusiv măsuri legislative, administrative, sociale şi educaţio- nale, pentru a proteja copiii contra folosirii ilicite de stupefiante şi substanţe psihotrope, aşa cum sunt acestea definite de convenţiile internaţionale în materie şi pentru a preveni folosirea copiilor în scopul producerii şi al traficului ilicit de astfel de substanţe.
Articolul 34 Statele părţi se angajează să protejeze copilul contra oricărei forme de exploatare sexuală şi de violenţă sexuală. În acest scop statele vor lua, în special, toate măsurile corespunzătoare pe plan naţional, bilateral şi multilateral, pentru a împiedica: a) incitarea sau constrângerea copiilor să se dedea la activităţi sexuale ilegale; b) exploatarea copiilor în scopul prostituţiei sau al altor practici sexuale ilegale; c) exploatarea copiilor în scopul producţiei de spectacole sau de materiale cu caracter pornografic.
Articolul 35 Statele părţi vor lua toate măsurile necesare, pe plan naţional, bilateral şi multilateral, pentru a preveni răpi- rea, vânzarea şi traficul de copii în orice scop şi sub orice formă.
Articolul 36 Statele părţi vor proteja copilul contra oricărei forme de exploatare dăunătoare oricărui aspect al bunăstării sale.
Articolul 37 Statele părţi vor veghea ca: a) nici un copil să nu fie supus la tortură, la pedepse sau la tratamente crude, inumane sau degradante. Pe- deapsa capitală sau închisoarea pe viaţă fără posibilitatea de a fi eliberat nu va fi pronunţată pentru infracţiunile comise de persoane sub vârsta de 18 ani; b) nici un copil să nu fie privat de libertate în mod ilegal sau arbitrar. Arestarea, deţinerea sau întemniţarea unui copil trebuie să fie conformă cu legea şi nu va fi decât o măsură extremă şi cât mai scurtă posibil;
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c) orice copil privat de libertate să fie tratat cu omenie şi cu respectul cuvenit demnităţii umane şi de o ma- nieră care să ţină seama de nevoile persoanelor de vârsta sa. Astfel, orice copil privat de libertate va fi separat de adulţi, cu excepţia cazurilor în care se apreciază ca fiind în interesul major al copilului să nu se procedeze astfel, şi va avea dreptul de a menţine contactul cu familia sa prin corespondenţă şi vizite, în afara unor cazuri excepţionale; d) copiii privaţi de libertate să aibă dreptul de a avea acces rapid la asistenţă juridică sau la orice altă asistenţă corespunzătoare, precum şi dreptul de a contesta legalitatea privării lor de libertate, în faţa unui tribunal sau a unei alte autorităţi competente, independente şi imparţiale, şi dreptul la judecarea în procedură de urgenţă a cazului respectiv.
Articolul 38 1. Statele părţi se angajează să respecte şi să asigure respectarea regulilor dreptului umanitar internaţional aplicabile în caz de conflict armat şi menite să garanteze protecţia copilului. 2. Statele părţi vor lua toate măsurile posibile pentru a garanta ca persoanele care nu au împlinit vârsta de 15 ani să nu participe direct la ostilităţi. 3. Statele părţi se vor abţine de a înrola în forţele lor armate persoane care nu au împlinit vârsta de 15 ani. Atunci când încorporează persoane mai mari de 15 ani, dar mai mici de 18 ani, statele părţi se vor strădui să înroleze, cu prioritate, pe cei mai în vârstă. 4. Conform obligaţiei care le revine în virtutea dreptului umanitar internaţional de a proteja populaţia civilă în caz de conflict armat, statele părţi vor lua toate măsurile fezabile, astfel încât copiii afectaţi de conflictul armat să beneficieze de protecţie şi de îngrijire.
Articolul 39 Statele părţi vor lua toate măsurile corespunzătoare pentru a facilita recuperarea fizică şi psihologică şi re- integrarea socială a copiilor, victime ale unei forme de neglijenţă, exploatare sau abuz, de tortură sau pedeapsă ori tratamente crude, inumane sau degradante ori victime ale unui conflict armat. Această readaptare şi această reintegrare se vor desfăşura în condiţii care favorizează sănătatea, respectul de sine şi demnitatea copilului.
Articolul 40 1. Statele părţi recunosc oricărui copil bănuit, acuzat sau cu privire la care s-a dovedit că a comis o încălcare a legii penale dreptul la un tratament conform cu simţul demnităţii şi al valorii personale, care să întărească respectul sau pentru drepturile omului şi libertăţile fundamentale ale altora şi care să ţină seama de vârsta sa, precum şi de necesitatea de a facilita reintegrarea sa în societate şi asumarea de către acesta a unui rol construc- tiv în societate. 2. În acest scop şi ţinând seama de dispoziţiile în materie ale instrumentelor internaţionale, statele părţi vor veghea, în special: a) ca nici un copil să nu fie bănuit, acuzat sau declarat vinovat de o încălcare a legii penale datorită unor acţiuni sau omisiuni care nu erau interzise de dreptul naţional sau internaţional în momentul comiterii lor; b) ca orice copil bănuit sau acuzat de o încălcare a legii penale să aibă garantate cel puţin următoarele drepturi: (i) de a fi prezumat nevinovat până la stabilirea vinovăţiei sale conform legii; (ii) de a fi informat în cel mai scurt termen şi direct despre acuzaţiile care i se aduc sau, dacă este cazul, prin intermediul părinţilor săi sau al reprezentanţilor legali şi de a beneficia de asistenţă juridică sau de orice alt fel de asistenţă corespunzătoare, în vederea formulării şi susţinerii apărărilor sale; (iii) dreptul la examinarea, fără întârziere, a cauzei sale de către o autoritate sau o instanţă judiciară compe- tentă, independentă şi imparţială, printr-o procedură de audiere echitabilă şi conformă cu prevederile legii, în prezenţa celor care îi asigură asistenţă juridică sau de altă natură, iar dacă acest lucru nu este considerat contrar interesului major al copilului, ţinând seama mai ales de vârsta ori de situaţia acestuia, în prezenţa părinţilor săi sau a reprezentanţilor săi legali; (iv) de a nu fi constrâns să depună mărturie sau să mărturisească că este vinovat; dreptul de a interoga sau de a cere interogarea martorilor acuzării, de a obţine aducerea şi interogarea martorilor apărării, în condiţii de egalitate; (v) dacă se dovedeşte că a încălcat legea penală, dreptul de a recurge la o cale de atac cu privire la decizie şi la orice măsură luată în consecinţă, în faţa unei autorităţi sau a unei instanţe judiciare superioare competente, independente şi imparţiale conform legii;
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(vi) dreptul de a fi asistat gratuit de un interpret, dacă nu înţelege sau nu vorbeşte limba utilizată; (vii) dreptul la respectarea deplină a vieţii sale private, în toate fazele procedurii. 3. Statele părţi se vor strădui să promoveze adoptarea de legi şi proceduri, înfiinţarea de autorităţi şi instituţii, special concepute pentru copiii bănuiţi, acuzaţi sau găsiţi vinovaţi de încălcarea legii penale şi, în special: a) să stabilească o vârstă minimă sub care copiii să fie prezumaţi ca neavând capacitatea de a încălca legea penală; b) să ia, ori de câte ori este posibil ca recomandabil, măsuri de soluţionare a cazurilor acestor copii, fără a recurge la procedura judiciară, cu condiţia ca drepturile şi garanţiile legale să fie respectate pe deplin. 4. Va fi prevăzută o întreagă gamă de dispoziţii, precum şi cele referitoare la îngrijire, orientare şi suprave- ghere, la îndrumare, la perioadele de probă, la plasamentul familial, la programe de educaţie generală şi profe- sională şi la soluţii alternative celor privind îngrijirea într-un cadru instituţional, pentru a asigura copiilor un tratament în interesul bunăstării lor şi proporţional cu situaţia lor şi cu infracţiunea săvârşită.
Articolul 41 Nici o dispoziţie din prezenta Convenţie nu aduce atingere prevederilor mai favorabile pentru realizarea acestor drepturi ale copilului care pot figura: a) în legislaţia unui stat parte; sau b) în dreptul internaţional în vigoare pentru statul respectiv.
PARTEA A II-A Articolul 42 Statele părţi se angajează să facă larg cunoscute atât adulţilor, cât şi copiilor principiile şi dispoziţiile prezen- tei Convenţii, prin mijloace active şi adecvate.
Articolul 43 1. În vederea examinării progreselor înregistrate de statele părţi în executarea obligaţiilor pe care şi le-au asumat în virtutea prezentei Convenţii, se instituie un comitet al drepturilor copilului, ale cărui atribuţii sunt descrise mai jos. 2. Comitetul se compune din 10* experţi de o înaltă ţinută morală şi care posedă o competenţă recunoscută în domeniul reglementat de prezenta Convenţie. Membrii comitetului sunt aleşi de statele părţi din rândul ce- tăţenilor lor şi acţionează în nume propriu, ţinându-se seama de necesitatea asigurării unei repartiţii geografice echitabile şi a reprezentării principalelor sisteme juridice. 3. Membrii comitetului sunt aleşi prin vot secret de pe o listă de persoane desemnate de statele părţi. Fiecare stat parte poate desemna un candidat dintre cetăţenii săi. 4. Primele alegeri vor avea loc în termen de 6 luni de la data intrării în vigoare a prezentei Convenţii, iar ulterior, la fiecare 2 ani. Cu minimum 4 luni înaintea datei fiecărei alegeri Secretarul general al Organizaţiei Naţiunilor Unite va invita în scris statele părţi să propună candidaţii lor într-un termen de două luni. Secretarul general va întocmi apoi o listă alfabetică a candidaţilor astfel desemnaţi, indicând statele părţi care i-au desem- nat, şi o va comunica statelor părţi la Convenţie. 5. Alegerile vor avea loc la reuniunile statelor părţi, convocate de Secretarul general la sediul Organizaţiei Naţiunilor Unite. La aceste reuniuni, la care cvorumul se întruneşte cu două treimi din numărul statelor părţi, candidaţii aleşi în comitete sunt cei care obţin cel mai mare număr de voturi şi majoritatea absolută a voturilor reprezentanţilor statelor părţi prezente şi votante. 6. Membrii Comitetului se aleg pentru un mandat de 4 ani. Ei pot fi realeşi la o nouă prezentare a candida- turii lor. Mandatul a 5 membri desemnaţi la primele alegeri va înceta după 2 ani. Numele celor 5 membri vor fi trase la sorţi de către preşedintele reuniunii, imediat după prima alegere. 7. În caz de deces sau de demisie a unui membru al Comitetului sau dacă, pentru orice alt motiv, un membru declară că nu îşi mai poate exercita funcţiile sale în cadrul Comitetului, statul parte care a prezentat candidatura
* Rezoluţia nr. 50/155 adoptată de Adunarea Generală a O.N.U. la 21 decembrie 1995, Conferinţa statelor părţi la Convenţie a aprobat amendamentul la art. 43, paragraful 2, care constă în înlocuirea cuvântului „zece“ cu „optsprezece“. România a acceptat amendamentul prin Legea nr. 183/2002 publicată în „Monitorul Oficial al României“, partea I nr. 273 din 23 aprilie 2002.
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membrului respectiv numeşte un alt expert dintre cetăţenii săi pentru a ocupa postul vacant până la expirarea mandatului respectiv, sub rezerva aprobării de către Comitet. 8. Comitetul aprobă regulamentul său de ordine interioară. 9. Comitetul alege biroul său pentru o perioadă de 2 ani. 10. Adunările Comitetului se ţin, în mod normal, la sediul Organizaţiei Naţiunilor Unite sau în orice alt loc corespunzător stabilit de Comitet. Comitetul se reuneşte, de regulă, în fiecare an. Durata sesiunilor sale se stabileşte şi, dacă este cazul, se modifică de către reuniunea statelor părţi la prezenta Convenţie, sub rezerva aprobării de către Adunarea generală. 11. Secretarul general al Organizaţiei Naţiunilor Unite pune la dispoziţie Comitetului personalul şi dotările necesare acestuia pentru a-şi îndeplini eficient funcţiile încredinţate conform prezentei Convenţii. 12. Membrii Comitetului creat în virtutea prezentei Convenţii primesc, cu aprobarea Adunării generale, in- demnizaţii din resursele Organizaţiei Naţiunilor Unite, în condiţiile şi modalităţile fixate de Adunarea generală. Articolul 44 1. Statele părţi se angajează să supună Comitetului, prin intermediul Secretariatului general al Organizaţiei Naţiunilor Unite, rapoarte privitoare la măsurile pe care le adoptă pentru punerea în vigoare a drepturilor re- cunoscute în prezenta Convenţie şi la progresele realizate în exercitarea acestor drepturi: a) în termen de 2 ani începând de la data intrării în vigoare a prezentei Convenţii pentru statele părţi interesate; b) în continuare, la fiecare 5 ani. 2. Rapoartele întocmite conform prezentului articol trebuie, dacă este cazul, să arate cauzele sau dificultăţile care împiedică statele părţi să se achite pe deplin de obligaţiile prevăzute în prezenta Convenţie. Ele trebuie, de asemenea, să cuprindă informaţii suficiente pentru a da Comitetului o idee exactă asupra aplicării Convenţiei în ţara respectivă. 3. Statele părţi care au prezentat Comitetului un raport iniţial nu vor repeta în rapoartele pe care le prezintă ulterior conform prezentului articol, paragraful 1 alin. (b), informaţiile de bază pe care le-au comunicat anterior. 4. Comitetul poate cere statelor părţi toate informaţiile complementare referitoare la aplicarea Convenţiei. 5. Comitetul înaintează la fiecare 2 ani Adunării generale, prin intermediul Consiliului Economic şi Social, un raport de activitate. 6. Statele părţi asigură difuzarea pe scară largă a propriilor rapoarte pe teritoriul lor. Articolul 45 Pentru a promova aplicarea efectivă a Convenţiei şi a încuraja cooperarea internaţională în domeniul vizat de Convenţie: a) Instituţiile specializate, Fondul Naţiunilor Unite pentru Copii şi alte organe ale Naţiunilor Unite au drep- tul de a fi reprezentate la analizarea modului de aplicare a acelor dispoziţii din prezenta Convenţie, care ţin de mandatul lor. Comitetul poate invita instituţiile specializate, Fondul Naţiunilor Unite pentru Copii şi orice alte organisme competente pe care le va considera corespunzătoare să dea avize specializate asupra aplicării Convenţiei în domeniile care ţin de mandatele lor respective. Comitetul poate invita instituţiile specializate, Fondul Naţiunilor Unite pentru Copii şi alte organe ale Naţiunilor Unite să îi prezinte rapoarte asupra aplicării Convenţiei în sectoarele care ţin de domeniul lor de activitate. b) Comitetul transmite, dacă consideră necesar, instituţiilor specializate, Fondului Naţiunilor Unite pen- tru Copii şi altor organisme competente orice raport al statelor părţi, care conţine o cerere sau care specifică necesitatea asigurării de consultanţă ori asistenţă tehnică, însoţit, dacă este cazul, de observaţiile şi sugestiile Comitetului referitoare la cererea sau specificaţia respectivă. c) Comitetul poate recomanda Adunării generale să ceară Secretarului general să dispună efectuarea, în numele Comitetului, a unor studii asupra problemelor specifice care afectează drepturile copilului. d) Comitetul poate face sugestii şi recomandări de ordin general, pe baza informaţiilor primite în conformitate cu art. 44 şi 45. Aceste sugestii şi recomandări de ordin general se vor transmite tuturor statelor părţi interesate şi se vor supune atenţiei Adunării generale, însoţite, dacă este cazul, de observaţiile statelor părţi.
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PARTEA A III-A Articolul 46 Prezenta Convenţie este deschisă spre semnare tuturor statelor. Articolul 47 Prezenta Convenţie face subiectul ratificării. Instrumentele de ratificare vor fi înaintate Secretarului general al Organizaţiei Naţiunilor Unite.
Articolul 48 Prezenta Convenţie va rămâne deschisă aderării oricărui stat. Instrumentele de aderare vor fi înaintate Se- cretarului general al Organizaţiei Naţiunilor Unite.
Articolul 49 1. Prezenta Convenţie va intra în vigoare în a treizecea zi de la depunerea la Secretarul general al Organiza- ţiei Naţiunilor Unite a celui de-al douăzecilea instrument de ratificare sau de aderare. 2. Pentru fiecare stat care va ratifica prezenta Convenţie sau care va adera la aceasta după depunerea celui de-al douăcezilea instrument de ratificare sau de aderare Convenţia va intra în vigoare în a treizecea zi de la depunerea de către statul respectiv a instrumentului său de ratificare sau de aderare.
Articolul 50 1. Orice stat parte poate să propună un amendament şi să depună textul acestuia la Secretarul general al Or- ganizaţiei Naţiunilor Unite. Secretarul general va comunica propunerea de amendament statelor părţi, cerân- du-le să îi facă cunoscut dacă sunt în favoarea convocării unei conferinţe a statelor părţi, în vederea examinării propunerii şi a supunerii ei la vot. Dacă în termen de 4 luni de la această comunicare cel puţin o treime din nu- mărul statelor părţi se pronunţă în favoarea convocării unei asemenea conferinţe, Secretarul general convoacă conferinţa sub auspiciile Organizaţiei Naţiunilor Unite. Orice amendament adoptat de majoritatea statelor părţi prezente şi votante la conferinţă este supus spre aprobare Adunării generale. 2. Orice amendament adoptat conform dispoziţiilor paragrafului 1 al prezentului articol va intra în vigoare după aprobarea sa de către Adunarea generală a Organizaţiilor Naţiunilor Unite şi după acceptarea sa cu o ma- joritate de două treimi din numărul statelor părţi. 3. La intrarea sa în vigoare amendamentul are forţă obligatorie pentru statele părţi care l-au acceptat, celelalte state rămânând legate de dispoziţiile din prezenta Convenţie şi de toate amendamentele anterioare acceptate de ele.
Articolul 51 1. Secretarul general al Organizaţiei Naţiunilor Unite va primi şi va comunica tuturor statelor textul rezer- velor formulate de state la data ratificării sau aderării. 2. Rezervele incompatibile cu obiecte şi scopul prezentei Convenţii nu sunt admise. 3. Rezervele pot fi retrase în orice moment printr-o notificare în acest sens adresată Secretarului general al Organizaţiei Naţiunilor Unite, care va informa, în consecinţă, toate statele părţi la Convenţie. Notificarea va produce efecte de la data la care este primită de Secretarul general.
Articolul 52 Orice stat poate denunţa prezenta Convenţie printr-o notificare scrisă adresată Secretarului general al Or- ganizaţiei Naţiunilor Unite. Denunţarea produce efecte la un an de la data la care notificarea a fost primită de Secretarul general.
Articolul 53 Secretarul general al Organizaţiei Naţiunilor Unite este desemnat ca depozitar al prezentei Convenţii.
Articolul 54 Originalul prezentei Convenţii, ale cărei texte în limbile arabă, chineză, engleză, franceză, rusă şi spaniolă sunt autentice în egală măsură, va fi depus la Secretarul general al Organizaţiei Naţiunilor Unite. Drept care plenipotenţiarii subsemnaţi, împuterniciţi în mod corespunzător de guvernele lor respective, au semnat pre- zenta Convenţie.
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PROTOCOL FACULTATIV la Convenţia cu privire la drepturile copilului, referitor la vânzarea de copii, prostituţia copiilor şi pornografia infantilă, semnat la New York la 6 septembrie 2000
Statele părţi la prezentul protocol, considerând că pentru a avansa în direcţia realizării scopurilor Convenţiei cu privire la drepturile copilului şi la aplicarea dispoziţiilor acesteia, în special ale art. 1, 11, 21, 32, 33, 34, 35 şi 36, este adecvată extinderea măsu- rilor pe care statele părţi trebuie să le ia pentru a garanta protecţia copilului faţă de vânzarea de copii, prostituţia copiilor şi pornografia infantilă, considerând, de asemenea, că menţionata Convenţie cu privire la drepturile copilului consacră dreptul co- pilului de a fi protejat împotriva exploatării economice şi de a nu fi constrâns la o muncă implicând riscuri ori fiind susceptibilă de a compromite educaţia sa sau de a-i afecta grav sănătatea ori dezvoltarea fizică, mentală, spirituală, morală sau socială, constatând cu vie preocupare că traficul internaţional cu copii în scopul vinderii acestora, al prostituţiei copiilor şi pornografiei infantile a dobândit proporţii considerabile şi crescânde, profund preocupate de practica răspândită şi persistentă a turismului sexual faţă de care copiii sunt expuşi în mod special, în măsura în care favorizează în mod direct vânzarea de copii, prostituţia copiilor şi pornografia infantilă, conştiente că un anumit număr de grupuri, în special vulnerabile, îndeosebi fetiţele, sunt cu atât mai mult expuse riscului de exploatare sexuală şi că s-a înregistrat un număr anormal de mare de fetiţe printre victimele exploatării sexuale, preocupate de oferta crescândă de materiale pornografice care folosesc copii, pe Internet şi pe alte noi su- porturi tehnologice, şi reamintind că în concluziile sale Conferinţa internaţională asupra luptei contra por- nografiei infantile pe Internet, ţinută la Viena în 1999, a solicitat în special incriminarea în lumea întreagă a producţiei, difuzării, exportului, importului, transmiterii, posesiei cu intenţie şi publicităţii făcute materialelor pornografice implicând copii şi a subliniat importanţa unei cooperări şi a unui parteneriat mai strâns între autorităţile publice şi profesioniştii Internetului, convinse că eliminarea vânzării de copii, a prostituţiei copiilor şi a pornografiei infantile va fi facilitată prin adoptarea unei strategii globale care să ţină seama de factorii care contribuie la aceste fenomene, îndeosebi subdezvoltarea, sărăcia, disparităţile economice, inechitatea structurilor socioeconomice, disfuncţionalităţile familiale, lipsa de educaţie, exodul rural, discriminarea bazată pe sex, comportamentul sexual iresponsabil al adulţilor, conflictele armate şi sclavia copiilor, estimând că o acţiune de sensibilizare a publicului este necesară pentru a reduce cererea care stă la originea vânzării de copii, a prostituţiei copiilor şi a pornografiei infantile şi că este importantă consolidarea parteneriatului mondial între toţi factorii, precum şi ameliorarea aplicării legii la nivel naţional, luând act de dispoziţiile instrumentelor juridice internaţionale pertinente în materia protecţiei copiilor, îndeosebi ale Convenţiei de la Haga privind protecţia copiilor şi cooperarea în materia adopţiei internaţionale, ale Convenţiei de la Haga asupra aspectelor civile ale răpirii internaţionale de copii, ale Convenţiei de la Haga privind competenţa, legea aplicabilă, recunoaşterea, executarea şi cooperarea în materie de responsabilitate pa- rentală şi măsuri privind protecţia copiilor şi ale Convenţiei nr. 182 a Organizaţiei Internaţionale a Muncii pri- vind interzicerea celor mai grele forme de muncă a copiilor şi acţiune imediată în vederea eliminării acestora, încurajate de sprijinul considerabil primit de Convenţia cu privire la drepturile copilului, care denotă o vo- inţă generală de promovare şi protecţie a drepturilor copilului, considerând că este importantă aplicarea dispoziţiilor programului de acţiune pentru prevenirea vânzării de copii, a prostituţiei copiilor şi a pornografiei infantile, a Declaraţiei şi Programului de acţiune adoptate în 1996 la Congresul mondial împotriva exploatării sexuale a copiilor în scopuri comerciale, ţinut la Stockholm între 27 şi 31 august 1996, precum şi a altor decizii şi recomandări pertinente ale organismelor internaţionale implicate, ţinând seama în special de importanţa tradiţiilor şi a valorilor culturale ale fiecărui popor pentru protecţia copilului şi dezvoltarea lui armonioasă, au convenit cele ce urmează:
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Articolul 1 Statele părţi vor interzice vânzarea de copii, prostituţiacopiilor şi pornografia infantilă, în conformitate cu dispoziţiile prezentului protocol.
Articolul 2 În sensul prevederilor prezentului protocol: a) vânzarea de copii este considerat orice act sau tranzacţie prin care un copil este transferat de orice persoa- nă sau grup de persoane către o altă persoană ori către un alt grup contra cost sau contra oricăror alte avantaje materiale; b) prostituţia copiilor reprezintă folosirea copiilor pentru activităţi sexuale, contra cost sau contra oricăror alte avantaje materiale; c) pornografia infantilă înseamnă orice reprezentare, prin orice mijloace, a copiilor angajaţi într-o activita- te sexuală explicită, reală ori simulată, sau orice altă expunere a organelor sexuale ale copiilor, în principal în scopuri sexuale.
Articolul 3 1. Orice stat parte va urmări ca cel puţin următoareleacte şi activităţi să fie pe deplin incriminate în dreptul său penal, indiferent dacă aceste acte sunt comise pe plan intern sau internaţional, individual ori în mod organizat. a) În ceea ce priveşte vânzarea de copii, astfel cum este definită la art. 2: (i) oferirea, livrarea sau acceptarea unui copil, indiferent de mijloacele utilizate, în scopul: - exploatării sexuale a copilului; - transferului de organe de copil pentru profit; - supunerii la muncă forţată a copiilor; (ii) obţinerea consimţământului, în mod fraudulos, ca intermediar pentru adopţia copiilor, prin încălcarea instrumentelor juridice internaţionale în materia adopţiei. b) Oferirea, obţinerea, procurarea sau furnizarea copiilor pentru prostituţie, astfel cum este definită la art. 2. c) Producerea, distribuirea, difuzarea, importul, exportul, oferirea, vinderea sau deţinerea în scopurile menţionate de materiale de pornografie, astfel cum este definită la art. 2. 2. Sub rezerva dreptului intern al statului parte, aceleaşi dispoziţii vor fi în vigoare în caz de tentativă de comitere a oricăruia dintre aceste acte, de complicitate în săvârşirea sa sau de participare la acesta. 3. Statul parte va considera aceste infracţiuni pasibile de pedepse adecvate, în funcţie de gravitatea acestora. 4. Sub rezerva prevederilor dreptului său intern, fiecare stat parte va lua, dacă se consideră necesar, toate măsurile care se impun în scopul de a stabili responsabilitatea persoanelor juridice pentru infracţiunile definite la paragraful 1. În conformitate cu principiile dreptului intern al statului parte, această responsabilitate ar putea fi de natură penală, civilă sau administrativă. 5. Statele părţi vor lua toate măsurile juridice sau administrative adecvate pentru a se asigura că toate persoanele implicate în procedura de adopţie acţionează conform dispoziţiilor instrumentelor juridice internaţionale aplicabile.
Articolul 4 1. Fiecare stat parte va lua măsurile necesare pentrustabilirea competenţei sale privind infracţiunile la care se referă art. 3 paragraful 1, atunci când acestea sunt comise pe teritoriul său, la bordul unei nave sau aeronave înregistrate în acest stat. 2. Fiecare stat parte va putea lua măsurile necesare pentru stabilirea propriei competenţe privind infracţiu- nile la care se referă art. 3 paragraful 1, în următoarele cazuri: a) când autorul prezumat al infracţiunii este un cetăţean al respectivului stat sau îşi are reşedinţa pe terito- riul acestuia; b) când victima este un cetăţean al acelui stat. 3. Fiecare stat parte va lua, de asemenea, măsurile proprii pentru stabilirea competenţei sale privind infrac- ţiunile menţionate mai sus, atunci când autorul prezumat al infracţiunii este prezent pe teritoriul său şi dacă nu îl extrădează către un alt stat parte pe motivul că infracţiunea a fost comisă de unul dintre cetăţenii săi. 4. Prezentul protocol nu exclude exercitarea oricărei competenţe penale în conformitate cu dreptul intern.
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Articolul 5 1. Infracţiunile la care se referă art. 3 paragraful 1 seconsideră a fi incluse în orice tratat de extrădare în vigoare între statele părţi şi vor fi incluse în orice tratat de extrădare care va fi încheiat ulterior între acestea, în conformitate cu condiţiile enunţate în aceste tratate. 2. Dacă un stat parte care condiţionează extrădarea de existenţa unui tratat primeşte o cerere de extrădare din partea unui alt stat parte cu care acesta nu a încheiat un tratat de extrădare, poate considera prezentul pro- tocol drept temei juridic pentru extrădare în ceea ce priveşte infracţiunile enunţate. Extrădarea se va efectua în conformitate cu condiţiile prevăzute de dreptul statului căruia i s-a solicitat extrădarea. 3. Statele părţi care nu condiţionează extrădarea de existenţa unui tratat recunosc infracţiunile enunţate ca fiind cazuri de extrădare între acestea, în condiţiile prevăzute de dreptul statului căruia i se solicită extrădarea. 4. Infracţiunile respective sunt considerate de către statele părţi, în vederea extrădării, ca fiind comise nu numai la locul săvârşirii acestora, dar şi pe teritoriul aflat sub jurisdicţia statelor părţi chemate să îşi stabilească competenţele conform art. 4. 5. Dacă o cerere de extrădare este prezentată în temeiul unei infracţiuni definite la art. 3 paragraful 1 şi dacă statul parte căruia i se solicită extrădarea nu va extrăda sau nu va dori să extrădeze autorul infracţiunii, dato- rită cetăţeniei acestuia, acest stat va lua măsurile necesare pentru sesizarea autorităţilor competente, în scopul urmăririi penale.
Articolul 6 1. Statele părţi îşi acordă sprijinul reciproc cel mai largposibil pentru orice anchetă, procedură penală sau procedură de extrădare, referitoare la infracţiunile definite la art. 3 paragraful 1, inclusiv pentru obţinerea do- vezilor de care dispun şi care sunt necesare procedurilor. 2. Statele părţi îşi îndeplinesc obligaţiile asumate prin paragraful 1, în conformitate cu orice tratat sau acord de asistenţă juridică reciprocă existent între ele. În absenţa unui astfel de tratat sau acord statele părţi îşi vor acorda acest sprijin în conformitate cu dreptul lor intern.
Articolul 7 Sub rezerva prevederilor dreptului lor intern, statelepărţi: a) vor lua măsurile adecvate pentru a permite, dacă este necesar, ridicarea şi confiscarea: (i) bunurilor, cum ar fi: documente, obiecte sau alte mijloace materiale utilizate pentru comiterea infracţiu- nilor definite în prezentul protocol sau pentru facilitarea comiterii acestora; (ii) produsului acestor infracţiuni; b) vor răspunde cererilor altui stat parte de ridicare sau de confiscare a bunurilor ori produselor definite la alin. (i) şi (ii) ale paragrafului a); c) vor lua măsuri în vederea închiderii provizorii sau definitive a localurilor utilizate pentru comiterea in- fracţiunilor sus-menţionate.
Articolul 8 1. Statele părţi vor adopta în toate stadiile proceduriipenale măsurile necesare pentru protejarea drepturilor şi intereselor copiilor care sunt victimele practicilor interzise prin prezentul protocol, în special: a) recunoscând vulnerabilitatea copiilor victime şi adaptând procedurile într-un mod care să ţină seama de necesităţile lor speciale, îndeosebi în calitate de martori; b) informând copiii victime asupra drepturilor şi rolului lor, a scopului, termenelor, a desfăşurării, avansării procedurilor, precum şi asupra deciziei luate în cazul lor; c) permiţând ca punctele de vedere, necesităţile sau preocupările copiilor victime să fie prezentate şi exa- minate în cursul procedurii, atunci când interesele lor personale sunt afectate, în conformitate cu regulile pro- cedurale din dreptul intern; d) acordând sprijin adecvat copiilor victime în toate stadiile procedurii penale; e) protejând, pe cât este posibil, viaţa privată şi identitatea copiilor victime şi luând măsuri conforme cu dreptul intern pentru a preveni difuzarea oricărei informaţii care ar putea conduce la identificarea lor; f) protejând, dacă este necesar, siguranţa copiilor victime, a familiilor lor şi a martorilor acuzării de intimi- dare şi represalii;
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g) evitând orice întârzieri nejustificate în soluţionarea cazurilor şi în executarea hotărârilor sau a deciziilor prin care se acordă o indemnizaţie copiilor victime. 2. Statele părţi vor asigura ca nici o incertitudine asupra vârstei reale a victimelor să nu împiedice declanşarea anchetelor penale, în special a anchetelor destinate să determine această vârstă. 3. Statele părţi vor asigura că în modul de tratament al copiilor victime, în cadrul sistemului de justiţie penală, va prima interesul superior al copilului. 4. Statele părţi vor lua măsuri pentru asigurarea unei pregătiri corespunzătoare, în special juridică şi psihologică, a persoanelor care lucrează cu victimele infracţiunilor definite prin prezentul protocol. 5. Statele părţi vor lua, în cazul în care este necesar, măsuri pentru asigurarea siguranţei şi integrităţii persoa- nelor şi/sau organizaţiilor implicate în prevenirea şi/sau protecţia şi reabilitarea victimelor acestor infracţiuni. 6. Nici una dintre dispoziţiile prezentului articol nu va aduce atingere dreptului acuzatului la un proces echitabil şi imparţial sau nu este incompatibilă cu acest drept.
Articolul 9 1. Statele părţi vor adopta sau vor întări, vor aplica şivor difuza legi, măsuri administrative, politici şi pro- grame sociale pentru prevenirea infracţiunilor vizate în prezentul protocol. O atenţie specială va fi acordată protecţiei copiilor vulnerabili la astfel de practici. 2. Statele părţi vor sensibiliza opinia publică, inclusiv copiii, asupra măsurilor destinate prevenirii practicilor interzise de către prezentul protocol şi a efectelor nefaste ale acestor practici, prin intermediul tuturor mijloa- celor adecvate, de educaţie şi de formare. În vederea îndeplinirii obligaţiilor prezentului articol statele părţi vor încuraja participarea comunităţilor şi, în special, a copiilor şi a copiilor victime la programe de informare, educaţie şi formare, inclusiv la nivel internaţional. 3. Statele părţi vor lua toate măsurile posibile pentru a asigura orice tip de asistenţă corespunzătoare pentru victimele infracţiunilor definite în prezentul protocol, în special deplina reintegrare socială şi recuperarea de- plină din punct de vedere fizic şi psihologic. 4. Statele părţi vor lua măsuri ca toţi copiii victime ale infracţiunilor definite în prezentul protocol să aibă acces fără discriminare la proceduri care să le permită solicitarea compensării prejudiciului suferit din partea persoanelor răspunzătoare din punct de vedere legal. 5. Statele părţi vor lua măsurile adecvate pentru interzicerea în mod eficient a producerii şi difuzării mate- rialelor care fac publicitate practicilor interzise prin prezentul protocol.
Articolul 10 1. Statele părţi vor lua toate măsurile necesare în vede-rea întăririi cooperării internaţionale prin acorduri multilaterale, regionale şi bilaterale, în scopul prevenirii, identificării, urmăririi, anchetării şi pedepsirii celor responsabili de actele legate de vânzarea de copii, de prostituţia copiilor, de pornografia infantilă şi de turismul pedofil. Statele părţi vor favoriza, de asemenea, cooperarea şi coordonarea internaţională între autorităţile lor, între organizaţii neguvernamentale naţionale şi internaţionale şi organizaţii internaţionale. 2. Statele părţi vor încuraja cooperarea internaţională pentru a contribui la readaptarea fizică şi psihologică a copiilor victime, la reintegrarea lor socială şi la repatrierea lor. 3. Statele părţi se angajează să întărească cooperarea internaţională pentru a elimina principalii factori care fac vulnerabili copiii la vânzare, prostituţie, pornografie şi turism pedofil, îndeosebi sărăcia şi subdezvoltarea. 4. Statele părţi care au capacitatea de a acţiona vor furniza ajutor financiar, tehnic sau de altă natură în cadrul programelor existente pe plan multilateral, regional, bilateral sau de altă natură.
Articolul 11 Nici una dintre dispoziţiile prezentului protocol nu vaafecta dispoziţiile mai favorabile realizării sau exerci- tării drepturilor copilului care pot figura: a) în legislaţia unui stat parte; b) în dreptul internaţional în vigoare pentru acel stat parte.
Articolul 12 1. Fiecare stat parte, în termen de 2 ani de la intrareaîn vigoare a prezentului protocol, va prezenta un raport către Comitetul pentru Drepturile Copilului, conţinând informaţii detaliate asupra măsurilor adoptate în vede- rea implementării dispoziţiilor protocolului.
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2. După prezentarea raportului detaliat fiecare stat parte va include în rapoartele prezentate Comitetului pentru Drepturile Copilului, în conformitate cu art. 44 din convenţie, orice informaţie suplimentară referitoare la aplicarea prezentului protocol. Celelalte state părţi la protocol vor prezenta un raport la fiecare 5 ani. 3. Comitetul pentru Drepturile Copilului poate cere statelor părţi informaţii suplimentare privind aplicarea prezentului protocol.
Articolul 13 1. Prezentul protocol este deschis spre semnare oricăruistat care este parte la convenţie sau care a semnat-o. 2. Prezentul protocol este supus ratificării sau este deschis spre aderare pentru orice stat care este parte la convenţie sau care a semnat-o. Instrumentele de ratificare sau de aderare vor fi depuse la secretarul general al Organizaţiei Naţiunilor Unite.
Articolul 14 1. Prezentul protocol va intra în vigoare în termen de3 luni de la depunerea celui de-al zecelea instrument de ratificare sau de aderare. 2. Pentru fiecare stat care va ratifica prezentul protocol sau care va adera la acesta înainte ori după intrarea sa în vigoare, protocolul va intra în vigoare în termen de o lună de la data depunerii de către acest stat al instru- mentului său de ratificare sau de aderare.
Articolul 15 1. Orice stat parte va putea în orice moment sădenunţe prezentul protocol prin notificare scrisă, adresată secretarului general al Organizaţiei Naţiunilor Unite, care va informa ulterior celelalte state părţi la convenţie şi toate statele care au semnat-o. Denunţarea va produce efecte în termen de un an de la data primirii notificării de către secretarul general al Organizaţiei Naţiunilor Unite. 2. Denunţarea nu va avea ca efect scutirea statului parte de obligaţiile pe care i le impune prezentul protocol, referitoare la orice infracţiune survenită anterior datei la care denunţarea îşi produce efectele, după cum nu atrage în nici un caz urmărirea examinării oricărei probleme pentru care Comitetul pentru Drepturile Copilu- lui a fost deja sesizat înainte de această dată.
Articolul 16 1. Fiecare stat parte poate propune un amendament şipoate depune textul acestuia la secretarul general al Organizaţiei Naţiunilor Unite. Acesta va comunica propunerea de amendament statelor părţi şi le va cere să îi facă cunoscut dacă sunt favorabile convocării unei conferinţe a statelor părţi, în vederea examinării propunerii şi supunerii la vot. Dacă într-un interval de 4 luni de la data comunicării cel puţin o treime din numărul statelor părţi se va pronunţa în favoarea convocării unei astfel de conferinţe, secretarul general va convoca conferinţa sub auspiciile Organizaţiei Naţiunilor Unite. Orice amendament adoptat de către majoritatea statelor părţi, prezente şi votante în cadrul conferinţei, va fi supus spre aprobare Adunării Generale a Organizaţiei Naţiunilor Unite. 2. Orice amendament adoptat în conformitate cu dispoziţiile paragrafului 1 va intra în vigoare după adopta- rea de către Adunarea Generală a Organizaţiei Naţiunilor Unite şi acceptarea lui cu o majoritate de două treimi din numărul statelor părţi. 3. După intrarea în vigoare a unui amendament acesta devine obligatoriu pentru statele părţi care l-au acceptat, celelalte state părţi rămânând legate prin dispoziţiile prezentului protocol şi prin toate celelalte amen- damente anterior, acceptate de către acestea.
Articolul 17 1. Prezentul protocol, ale cărui texte în limba arabă,chineză, engleză, franceză, rusă şi spaniolă sunt egal autentice, va fi depozitat în arhivele Organizaţiei Naţiunilor Unite. 2. Secretarul general al Organizaţiei Naţiunilor Unite va transmite copii certificate de pe prezentul protocol tuturor statele părţi la convenţie şi tuturor statelor care au semnat-o.
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4. Codul penal al Republicii Moldova nr.985-XV din 18.04.2002*
Capitolul III INFRACŢIUNI CONTRA LIBERTĂŢII, CINSTEI ŞI DEMNITĂŢII PERSOANEI Articolul 165. Traficul de fiinţe umane (1) Recrutarea, transportarea, transferul, adăpostirea sau primirea unei persoane, cu sau fără consimţămîntul acesteia, în scop de exploatare sexuală comercială sau necomercială, prin muncă sau servicii forţate, pentru cerşetorie, în sclavie sau în condiţii similare sclaviei, de folosire în conflicte armate sau în activităţi criminale, de prelevare a organelor sau ţesuturilor, săvîrşită prin: a) ameninţare cu aplicarea sau aplicarea violenţei fizice sau psihice nepericuloase pentru viaţa şi sănătatea persoanei, inclusiv prin răpire, prin confiscare a documentelor şi prin servitute, în scopul întoarcerii unei da- torii a cărei mărime nu este stabilită în mod rezonabil, precum şi prin ameninţare cu divulgarea informaţiilor confidenţiale familiei victimei sau altor persoane atît fizice, cît şi juridice; b) înşelăciune; c) abuz de poziţie de vulnerabilitate sau abuz de putere, dare sau primire a unor plăţi sau beneficii pentru a obţine consimţămîntul unei persoane care deţine controlul asupra unei alte persoane, se pedepseşte cu închisoare de la 5 la 12 ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de la 2 la 5 ani, iar persoana juridică se pedepseşte cu amendă în mărime de la 3000 la 5000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. (2) Aceleaşi acţiuni săvîrşite: a) de către o persoană care anterior a săvîrşit o faptă prevăzută la alin.(1); b) asupra a două sau mai multor persoane; c) asupra unei femei gravide; d) de două sau mai multe persoane; e) de o persoană cu funcţie de răspundere sau de o persoană cu înaltă funcţie de răspundere; f) cu aplicarea violenţei periculoase pentru viaţa, sănătatea fizică sau psihică a persoanei; g) prin folosirea torturii, a tratamentelor inumane sau degradante pentru a asigura subordonarea persoanei ori prin folosirea violului, dependenţei fizice, a armei, se pedepsesc cu închisoare de la 7 la 15 ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exer- cita o anumită activitate pe un termen de la 2 la 5 ani, iar persoana juridică se pedepseşte cu amendă în mărime de la 5000 la 7000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. (3) Acţiunile prevăzute la alin.(1) sau (2): a) săvîrşite de un grup criminal organizat sau de o organizaţie criminală; b) soldate cu vătămarea gravă a integrităţii corporale sau cu o boală psihică a persoanei, cu decesul ori si- nuciderea acesteia, se pedepsesc cu închisoare de la 10 la 20 de ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de la 3 la 5 ani, iar persoana juridică se pedepseşte cu amendă în mărime de la 7000 la 9000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. (4) Victima traficului de fiinţe umane este absolvită de răspundere penală pentru infracţiunile săvîrşite de ea în legătură cu această calitate procesuală.
* Republicat: Monitorul Oficial al R.Moldova nr.72-74/195 din 14.04.2009 Monitorul Oficial al R.Moldova nr.128-129/1012 din 13.09.2002
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[Art.165 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] [Art.165 modificat prin Legea nr.193-XVI din 26.09.2008, în vigoare 21.10.2008] [Art.165 modificat prin Legea nr.376-XVI din 29.12.05, în vigoare 31.01.06] [Art.165 completat prin Legea nr.211-XV din 29.05.03, în vigoare 12.06.03]
Articolul 166. Privaţiunea ilegală de libertate (1) Privaţiunea ilegală de libertate a unei persoane, dacă acţiunea nu este legată cu răpirea acesteia, se pedepseşte cu muncă neremunerată în folosul comunităţii de la 120 la 240 de ore sau cu închisoare de pînă la 2 ani. (2) Aceeaşi acţiune săvîrşită: [Lit.a) exclusă prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] b) asupra a două sau mai multor persoane; c) cu bună-ştiinţă asupra unui minor sau a unei femei gravide ori profitînd de starea de neputinţă cunoscută sau evidentă a victimei, care se datorează vîrstei înaintate, bolii, handicapului fizic sau psihic ori altui factor; d) de două sau mai multe persoane; e) cu aplicarea violenţei periculoase pentru viaţa sau sănătatea persoanei; f) cu aplicarea armei sau altor obiecte folosite în calitate de armă se pedepseşte cu închisoare de la 2 la 7 ani. (3) Acţiunile prevăzute la alin.(1) sau (2), dacă au provocat din imprudenţă vătămarea gravă a integrităţii corporale sau a sănătăţii ori decesul victimei, se pedepsesc cu închisoare de la 5 la 10 ani. [Art.166 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] [Art.166 modificat prin Legea nr.184-XVI din 29.06.2006, în vigoare 11.08.2006]
Articolul 167. Sclavia şi condiţiile similare sclaviei Punerea sau ţinerea unei persoane în condiţii în care o altă persoană exercită stăpînire asupra acesteia sau determinarea ei, prin utilizarea înşelăciunii, constrîngerii, violenţei sau ameninţării cu violenţă, să se angajeze sau să rămînă în raport de concubinaj sau căsătorie se pedepseşte cu închisoare de la 3 la 10 ani cu (sau fără) privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de pînă la 5 ani. [Art.167 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009]
Articolul 168. Munca forţată Forţarea unei persoane să presteze o muncă împotriva dorinţei sale, ţinerea persoanei în servitute pentru achitarea unei datorii, obţinerea muncii sau a serviciilor prin înşelăciune, constrîngere, violenţă sau ameninţare cu violenţă se pedepsesc cu închisoare de pînă la 3 ani. [Art.168 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009]
Articolul 169. Internarea ilegală într-o instituţie psihiatrică (1) Internarea ilegală într-o instituţie psihiatrică a unei persoane vădit sănătoase din punct de vedere psihic se pedepseşte cu închisoare de pînă la 3 ani cu privarea de dreptul de a ocupa anumite funcţii sau de a exer- cita o anumită activitate pe un termen de pînă la 3 ani. (2) Aceeaşi acţiune care a cauzat din imprudenţă: a) vătămarea gravă a integrităţii corporale sau a sănătăţii; b) decesul victimei se pedepseşte cu închisoare de la 3 la 7 ani cu privarea de dreptul de a ocupa anumite funcţii sau de a exer- cita o anumită activitate pe un termen de la 3 la 5 ani. [Art.169 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009]
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Capitolul VII INFRACŢIUNI CONTRA FAMILIEI ŞI MINORILOR Articolul 2011. Violenţa în familie (1) Violenţa în familie, adică acţiunea sau inacţiunea intenţionată, manifestată fizic sau verbal, comisă de un membru al familiei asupra unui alt membru al familiei, care a provocat suferinţă fizică, soldată cu vătămarea uşoară a integrităţii corporale sau a sănătăţii, suferinţă psihică ori prejudiciu material sau moral, se pedepseşte cu muncă neremunerată în folosul comunităţii de la 150 la 180 de ore sau cu închisoare de pînă la 2 ani. (2) Aceeaşi acţiune: a) săvîrşită asupra a doi sau mai multor membri ai familiei; b) care a provocat vătămarea medie a integrităţii corporale sau a sănătăţii se pedepseşte cu muncă neremunerată în folosul comunităţii de la 180 la 240 de ore sau cu închisoare de pînă la 5 ani. (3) Aceeaşi acţiune care: a) a cauzat vătămarea gravă a integrităţii corporale sau a sănătăţii; b) a determinat la sinucidere sau la tentativă de sinucidere; c) a provocat decesul victimei se pedepseşte cu închisoare de la 5 la 15 ani. [Art.2011 introdus prin Legea nr.167 din 09.07.2010, în vigoare 03.09.2010]
Articolul 206. Traficul de copii (1) Recrutarea, transportarea, transferul, adăpostirea sau primirea unui copil, precum şi darea sau primirea unor plăţi ori beneficii pentru obţinerea consimţămîntului unei persoane care deţine controlul asupra copilu- lui, în scopul: a) exploatării sexuale, comerciale şi necomerciale, în prostituţie sau în industria pornografică; b) exploatării prin muncă sau servicii forţate; b1) practicării cerşetoriei sau în alte scopuri josnice; c) exploatării în sclavie sau în condiţii similare sclaviei, inclusiv în cazul adopţiei ilegale; d) folosirii în conflicte armate; e) folosirii în activitate criminală; f) prelevării organelor sau ţesuturilor umane; g) abandonării în străinătate; h) vînzării sau cumpărării, se pedepseşte cu închisoare de la 8 la 12 ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de la 2 la 5 ani, iar persoana juridică se pedepseşte cu amendă în mărime de la 3000 la 5000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. (2) Aceleaşi acţiuni însoţite: a) de violenţă fizică şi psihică, de aplicare a armei de foc sau de ameninţare cu aplicarea acesteia; b) de abuz şi violenţă sexuală; c) de profitare de abuz de autoritate sau de situaţia de vulnerabilitate a copilului, de ameninţare cu divulga- rea informaţiilor confidenţiale familiei copilului sau altor persoane; [Li.d), e) excluse prin Legea nr.235-XVI din 08.11.2007, în vigoare 07.12.2007] f) de prelevare a organelor sau ţesuturilor umane se pedepsesc cu închisoare de la 10 la 15 ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de la 2 la 5 ani, iar persoana juridică se pedepseşte cu amendă în mărime de la 5000 la 7000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. (3) Acţiunile prevăzute la alin.(1) sau (2):
54 Acte normative actualizate
a) săvîrşite de o persoană care anterior a săvîrşit aceleaşi acţiuni; b) săvîrşite asupra a doi sau mai multor copii; c) săvîrşite de o persoană cu funcţie de răspundere sau de o persoană cu înaltă funcţie de răspundere; d) săvîrşite de un grup criminal organizat sau de o organizaţie criminală; e) soldate cu vătămarea gravă a integrităţii corporale sau cu o boală psihică a copilului cu decesul sau sinu- ciderea acestuia; f) săvîrşite asupra unui copil în vîrstă de pînă la 14 ani se pedepsesc cu închisoare de la 15 la 20 de ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de la 3 la 5 ani sau cu detenţiune pe viaţă, iar persoana juridică se pedepseşte cu amendă în mărime de la 7000 la 9000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. (4) Victima traficului de copii este absolvită de răspundere penală pentru infracţiunile săvîrşite de ea în legătură cu această calitate procesuală. [Art.206 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] [Art.206 modificat prin Legea nr.193-XVI din 26.09.2008, în vigoare 21.10.2008] [Art.206 completat prin Legea nr.235-XVI din 08.11.2007, în vigoare 07.12.2007] [Art.206 modificat prin Legea nr.376-XVI din 29.12.05, în vigoare 31.01.06] [Art.206 completat prin Legea nr.211-XV din 29.05.03, în vigoare 12.06.03]
Articolul 207. Scoaterea ilegală a copiilor din ţară Scoaterea copilului din ţară în baza unor acte false sau pe altă cale ilegală, precum şi abandonarea lui în străinătate în scopuri altele decît cele indicate la art.206, se pedepsesc cu închisoare de la 2 la 6 ani. [Art.207 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009]
Articolul 2081. Pornografia infantilă Producerea, distribuirea, difuzarea, importarea, exportarea, oferirea, vinderea, schimbarea, folosirea sau de- ţinerea de imagini sau alte reprezentări ale unui sau mai mulţi copii implicaţi în activităţi sexuale explicite, reale sau simulate, ori de imagini sau alte reprezentări ale organelor sexuale ale unui copil, reprezentate de manieră lascivă sau obscenă, inclusiv în formă electronică, se pedepseşte cu închisoare de la 1 la 3 ani, cu amendă, aplicată persoanei juridice, de la 2000 la 4000 de unităţi convenţionale cu privarea de dreptul de a exercita o anumită activitate.
Articolul 209. Atragerea minorilor la consumul ilegal de droguri, medicamente şi alte substanţe cu efect narcotizant (1) Atragerea de către o persoană care a atins vîrsta de 18 ani a minorilor la consumul ilegal de droguri, medicamente sau alte substanţe cu efect narcotizant se pedepseşte cu amendă în mărime de la 200 la 600 unităţi convenţionale sau cu închisoare de pînă la 5 ani. (2) Aceeaşi acţiune săvîrşită: b) cu aplicarea violenţei sau cu ameninţarea aplicării ei se pedepseşte cu amendă în mărime de la 400 la 800 unităţi convenţionale sau cu închisoare de la 3 la 6 ani.
Capitolul VIII INFRACŢIUNI CONTRA SĂNĂTĂŢII PUBLICE ŞI CONVIEŢUIRII SOCIALE Articolul 220. Proxenetismul (1) Îndemnul sau determinarea la prostituţie ori înlesnirea practicării prostituţiei, ori tragerea de foloase de pe urma practicării prostituţiei de către o altă persoană se pedepsesc cu amendă în mărime de la 200 la 800 unităţi convenţionale sau cu închisoare de la 2 la 5 ani.
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(2) Aceleaşi acţiuni: a) săvîrşite de un grup criminal organizat sau de o organizaţie criminală; [Lit.b) exclusă prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] c) săvîrşite faţă de două sau mai multe persoane; d) săvîrşite cu aplicarea violenţei nepericuloase pentru viaţa sau sănătatea persoanei ori cu ameninţarea aplicării ei faţă de persoana care practică prostituţia sau faţă de rudele sau apropiaţii acesteia, se pedepsesc cu închisoare de la 4 la 7 ani. [Art.220 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] [Art.220 modificat prin Legea nr.184-XVI din 29.06.2006, în vigoare 11.08.2006]
Capitolul XVII INFRACŢIUNI CONTRA AUTORITĂŢILOR PUBLICE ŞI A SECURITĂŢII DE STAT Articolul 360. Luarea, sustragerea, tăinuirea, degradarea sau distrugerea documentelor, impri matelor, ştampilelor sau sigiliilor (1) Luarea, sustragerea, tăinuirea, degradarea sau distrugerea documentelor, imprimatelor, ştampilelor sau si- giliilor aparţinînd întreprinderilor, instituţiilor, organizaţiilor, indiferent de tipul de proprietate sau forma juridică de organizare, dacă această faptă a fost săvîrşită din interes material sau din alte motive josnice, se pedepseşte cu amendă în mărime de pînă la 400 unităţi convenţionale sau cu muncă neremunerată în folosul comunităţii de la 150 la 200 de ore sau cu închisoare de pînă la 3 ani. (2) Luarea, sustragerea, tăinuirea, degradarea, distrugerea sau păstrarea buletinelor de identitate sau a altor documente importante ale persoanelor fizice, cu intenţia de a limita libertatea persoanei, inclusiv libertatea de circulaţie, sau de a o lipsi de aceasta, se pedepseşte cu amendă în mărime de pînă la 500 unităţi convenţionale sau cu muncă neremunerată în folosul comunităţii de la 180 la 240 de ore, sau cu închisoare de pînă la 5 ani. [Art.360 modificat prin Legea nr.184-XVI din 29.06.2006, în vigoare 11.08.2006]
Articolul 361. Confecţionarea, deţinerea, vînzarea sau folosirea documentelor oficiale, a impri matelor, ştampilelor sau sigiliilor false (1) Confecţionarea, deţinerea, vînzarea sau folosirea documentelor oficiale false, care acordă drepturi sau eliberează de obligaţii, confecţionarea sau vînzarea imprimatelor, ştampilelor sau a sigiliilor false ale unor între- prinderi, instituţii, organizaţii, indiferent de tipul de proprietate şi forma juridică de organizare, se pedepseşte cu amendă în mărime de pînă la 300 unităţi convenţionale sau cu muncă neremunerată în folosul comunităţii de la 150 la 200 de ore, sau cu închisoare de pînă la 2 ani. (2) Aceleaşi acţiuni: [Lit.a) exclusă prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] b) săvîrşite de două sau mai multe persoane; c) săvîrşite referitor la un document de importanţă deosebită; d) soldate cu daune în proporţii mari intereselor publice sau drepturilor şi intereselor ocrotite de lege ale persoanelor fizice sau juridice se pedepsesc cu amendă în mărime de la 200 la 600 unităţi convenţionale sau cu muncă neremunerată în folosul comunităţii de la 180 la 240 de ore, sau cu închisoare de pînă la 5 ani. [Art.361 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] [Art.361 modificat prin Legea nr.184-XVI din 29.06.2006, în vigoare 11.08.2006]
Articolul 362. Trecerea ilegală a frontierei de stat (1) Trecerea frontierei de stat a Republicii Moldova, eludîndu-se controlul de frontieră sau tăinuindu-se de el, se pedepseşte cu amendă în mărime de pînă la 400 unităţi convenţionale sau cu muncă neremunerată în folosul comunităţii de la 150 la 200 de ore, sau cu închisoare de pînă la 2 ani.
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[Alin.2 art.362 exclus prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] (3) Acţiunile prevăzute la alin.(1): a) însoţite de violenţă; b) săvîrşite cu aplicarea armei, se pedepsesc cu închisoare de la 3 la 8 ani. (4) Acţiunea prezentului articol nu se extinde asupra cetăţenilor străini veniţi în Republica Moldova, fără paşaportul stabilit sau fără autorizaţie, pentru a se folosi de dreptul de azil acordat de Constituţia Republicii Moldova, precum şi asupra persoanelor care sînt victime ale traficului de fiinţe umane. [Art.362 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] [Art.362 modificat prin Legea nr.184-XVI din 29.06.2006, în vigoare 11.08.2006]
Articolul 3621. Organizarea migraţiei ilegale (1) Organizarea, în scopul obţinerii, direct sau indirect, a unui folos financiar sau material, a intrării, şederii, tranzitării ilegale a teritoriului statului sau a ieşirii de pe acest teritoriu a persoanei care nu este nici cetăţean, nici rezident al acestui stat se pedepseşte cu amendă în mărime de la 300 la 500 de unităţi convenţionale sau cu închisoare de la 1 la 3 ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de la 1 la 3 ani, iar persoana juridică se pedepseşte cu amendă în mărime de la 1000 la 2000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. (2) Aceleaşi acţiuni săvîrşite: [Lit.a) exclusă prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] b) asupra a două sau mai multor persoane; c) de două sau mai multe persoane se pedepsesc cu amendă în mărime de la 500 la 800 de unităţi convenţionale sau cu închisoare de la 3 la 5 ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de la 1 la 3 ani, iar persoana juridică se pedepseşte cu amendă în mărime de la 2000 la 3000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. (3) Acţiunile prevăzute la alin.(1) sau (2): a) săvîrşite de un grup criminal organizat sau de o organizaţie criminală; b) soldate cu daune în proporţii deosebit de mari intereselor publice sau drepturilor şi intereselor ocrotite de lege ale persoanelor fizice şi juridice, se pedepsesc cu amendă în mărime de la 800 la 1000 de unităţi convenţionale sau cu închisoare de la 5 la 7 ani, cu privarea de dreptul de a ocupa anumite funcţii sau de a exercita o anumită activitate pe un termen de la 3 la 5 ani, iar persoana juridică se pedepseşte cu amendă în mărime de la 3000 la 5000 de unităţi convenţionale, cu privarea de dreptul de a desfăşura o anumită activitate, sau cu lichidarea persoanei juridice. [Art.3621 modificat prin Legea nr.277-XVI din 18.12.2008, în vigoare 24.05.2009] [Art.3621 modificat prin Legea nr.193-XVI din 26.09.2008, în vigoare 21.10.2008] [Art.3621 introdus prin Legea nr.376-XVI din 29.12.05, în vigoare 31.01.06]
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5. Codul de procedură penală al Republicii Moldova (Partea generală) nr. 122-XV din 14.03.2003*
Capitolul II MĂSURI DE PROTECŢIE Articolul 2151. Măsuri de protecţie aplicate victimelor violenţei în familie (1) Cererea victimei violenţei în familie adresată, în cursul procesului penal, organului de urmărire penală, procurorului sau instanţei de judecată privind ameninţările cu moartea, cu aplicarea violenţei, cu deteriorarea sau distrugerea bunului ori alte acte ilegale va fi examinată de instanţa de judecată, care este obligată să ia mă- suri de asigurare a protecţiei victimei faţă de bănuit, învinuit, inculpat membru de familie prin emiterea unei ordonanţe de protecţie. (2) În cazul depunerii cererii la organul de urmărire penală sau la procuror, aceştia vor înainta imediat, printr-un demers, cererea în instanţa de judecată pentru a fi examinată. (3) Instanţa de judecată, prin încheiere, emite, în 24 de ore de la primirea cererii, o ordonanţă de protecţie, prin care poate oferi protecţie victimei, aplicînd bănuitului, învinuitului, inculpatului una sau mai multe dintre următoarele măsuri: a) obligarea de a părăsi temporar locuinţa comună ori de a sta departe de locuinţa victimei, indiferent de dreptul de proprietate asupra bunurilor; b) obligarea de a sta departe de locul aflării victimei, la o distanţă ce ar asigura securitatea victimei; c) obligarea de a nu contacta victima, copiii acesteia, alte persoane dependente de ea; d) interzicerea de a vizita locul de muncă şi de trai al victimei; e) limitarea dispunerii unilaterale de bunurile comune; f) obligarea de a face un examen medical privind starea psihică şi dependenţa de droguri/alcool şi, dacă există avizul medical care confirmă dependenţa de droguri/alcool, de a face un tratament medical forţat de alcoolism/narcomanie; g) obligarea de a participa la un program special de tratament sau de consiliere dacă o asemenea acţiune este determinată de instanţa de judecată ca fiind necesară pentru reducerea violenţei sau dispariţia ei; h) interzicerea de a păstra şi purta armă. (4) Măsurile de protecţie se aplică pe un termen de pînă la 3 luni. Termenul măsurilor de protecţie poate fi prelungit de instanţă la cererea repetată ca urmare a comiterii faptelor de violenţă în familie sau ca rezultat al nerespectării condiţiilor prevăzute în ordonanţa de protecţie. (5) Ordonanţa de protecţie este expediată imediat organului afacerilor interne şi organului de asistenţă so- cială de la locul aflării bănuitului, învinuitului, inculpatului şi a victimei. (6) Încheierea judecătorului privind aplicarea sau prelungirea ordonanţei de protecţie este executorie ime- diat, cu drept de recurs în instanţa ierarhic superioară. [Art.2151 introdus prin Legea nr.167 din 09.07.2010, în vigoare 03.09.2010]
* Monitorul Oficial al R.Moldova nr.104-110/447 din 07.06.2003
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6. CODUL de procedură civilă al Republicii Moldova nr. 225-XV din 30.05.2003*
Capitolul XXX1 APLICAREA MĂSURILOR DE PROTECŢIE ÎN CAZURILE DE VIOLENŢĂ ÎN FAMILIE
[Cap.XXX1 introdus prin Legea nr.167 din 09.07.2010, în vigoare 03.09.2010]
1. Articolul 3181. Depunerea cererii (1) Cererea privind aplicarea măsurilor de protecţie se depune la instanţa judecătorească de către victima violenţei în familie sau de reprezentantul ei legal, iar în cazul minorului – de organul de tutelă şi curatelă. În caz de imposibilitate de depunere a cererii de către victimă, la solicitarea ei, cererea poate fi depusă de către procuror, organul de asistenţă socială sau poliţie. (2) Cererea privind aplicarea măsurilor de protecţie se depune la instanţa judecătorească competentă de la domiciliul sau locul de aflare a victimei sau a agresorului, de la locul unde victima a solicitat asistenţă sau de la locul unde a avut loc actul de violenţă.
2. Articolul 3182. Cuprinsul cererii În cererea privind aplicarea măsurilor de protecţie se indică circumstanţele actului de violenţă, intensitatea, durata, consecinţele suportate şi alte circumstanţe care indică necesitatea aplicării măsurilor de protecţie.
3. Articolul 3183. Examinarea cererii (1) După primirea cererii, instanţa de judecată contactează imediat poliţia de sector de la locul aflării agre- sorului şi solicită informarea acestuia despre procedura iniţiată. (2) Instanţa poate solicita organului de asistenţă socială sau poliţiei, după caz, prezentarea unui raport de caracterizare a familiei vizate şi a agresorului. Instanţa poate solicita şi alte acte necesare pentru examinarea cererii. (3) Neprezentarea agresorului la şedinţa de judecată nu împiedică instanţa să examineze cererea.
4. Articolul 3184. Emiterea ordonanţei de protecţie (1) Instanţa de judecată emite, în 24 de ore de la primirea cererii privind aplicarea măsurilor de protecţie, o încheiere prin care admite sau respinge cererea. (2) În cazul admiterii cererii, instanţa emite o ordonanţă de protecţie prin care aplică agresorului una sau mai multe dintre următoarele măsuri: a) obligarea de a părăsi temporar locuinţa comună ori de a sta departe de locuinţa victimei, fără a decide asupra modului de proprietate asupra bunurilor; b) obligarea de a sta departe de locul aflării victimei, la o distanţă ce ar asigura securitatea victimei; c) obligarea de a nu contacta victima, copiii acesteia, alte persoane dependente de ea; d) interzicerea de a vizita locul de muncă şi de trai al victimei; e) obligarea, pînă la soluţionarea cazului, de a contribui la întreţinerea copiilor pe care îi are în comun cu victima; f) obligarea de a plăti cheltuielile şi daunele cauzate prin actele sale de violenţă, inclusiv cheltuielile medicale şi cele de înlocuire sau reparare a bunurilor distruse sau deteriorate; g) limitarea dispunerii unilaterale de bunurile comune; h) stabilirea unui regim temporar de vizitare a copiilor săi minori; i) interzicerea de a păstra şi purta armă.
* Monitorul Oficial al R.Moldova nr.111-115/451 din 12.06.2003
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(3) Măsurile de protecţie se aplică pe un termen de pînă la 3 luni. (4) Instanţa remite de îndată ordonanţa de protecţie poliţiei şi organului de asistenţă socială spre executare imediată. (5) Ordonanţa privind măsurile de protecţie prevăzute la alin.(2) lit.e) şi f) se remite spre executare imediată oficiului de executare în condiţiile legislaţiei cu privire la executarea hotărîrilor cu caracter civil.
5. Articolul 3185. Prelungirea şi revocarea ordonanţei de protecţie (1) Termenul măsurilor de protecţie poate fi prelungit de instanţa de judecată la cererea repetată ca urmare a comiterii faptelor de violenţă în familie sau ca rezultat al nerespectării condiţiilor prevăzute în ordonanţa de protecţie. (2) La cererea întemeiată a victimei, instanţa de judecată poate revoca măsurile de protecţie aplicate, asigu- rîndu-se că voinţa victimei este liber exprimată şi nu a fost supusă presiunilor din partea agresorului.
6. Articolul 3186. Contestarea încheierii privind admiterea sau respingerea cererii de aplicare a măsurilor de protecţie şi contestarea încheierii privind aplicarea ordonanţei de protecţie (1) Încheierea privind admiterea sau respingerea cererii de aplicare a măsurilor de protecţie şi încheierea privind aplicarea ordonanţei de protecţie pot fi atacate cu recurs conform prezentului cod. (2) Contestarea încheierii privind aplicarea ordonanţei de protecţie nu suspendă executarea măsurilor apli- cate. [Cap.XXX1 introdus prin Legea nr.167 din 09.07.2010, în vigoare 03.09.2010]
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7. Codul familiei nr. 1316-XIV din 26.10.2000*
Articolul 53. Dreptul copilului de a fi protejat (1) Copilului i se garantează apărarea drepturilor şi intereselor sale legitime. (2) Apărarea drepturilor şi intereselor legitime ale copilului se asigură de părinţi sau persoanele care îi înlo- cuiesc, iar în cazurile prevăzute de lege – de procuror, autoritatea tutelară sau de alte organe abilitate. (3) Minorul care a căpătat capacitatea deplină de exerciţiu pînă la atingerea majoratului îşi apără drepturile şi interesele legitime de sine stătător. (4) Copilul are dreptul la protecţie contra abuzurilor, inclusiv contra pedepsei corporale din partea părinţi- lor sau a persoanelor care îi înlocuiesc. (5) În cazul încălcării drepturilor şi intereselor legitime ale copilului, inclusiv prin neîndeplinirea sau înde- plinirea necorespunzătoare de către părinţi (a unuia dintre ei) a obligaţiilor de întreţinere, educaţie şi instruire, sau în cazul abuzului de drepturile părinteşti, copilul poate să se adreseze de sine stătător autorităţii tutelare pentru apărarea drepturilor şi intereselor sale legitime, iar de la vîrsta de 14 ani – instanţei judecătoreşti. (6) Persoanele cu funcţii de răspundere şi alţi cetăţeni care ştiu despre existenţa unui pericol pentru viaţa sau sănătatea copilului, despre încălcarea drepturilor şi intereselor lui legitime sînt obligaţi să comunice acest fapt autorităţii tutelare, făcînd tot posibilul pentru a proteja drepturile şi interesele legitime ale copilului.
Articolul 67. Decăderea din drepturile părinteşti Părinţii pot fi decăzuţi din drepturile părinteşti dacă: a) se eschivează de la exercitarea obligaţiilor părinteşti, inclusiv de la plata pensiei de întreţinere; b) refuză să ia copilul din maternitate sau dintr-o altă instituţie curativă, educativă, dintr-o instituţie de asistenţă socială sau alta similară; c) fac abuz de drepturile părinteşti; d) se comportă cu cruzime faţă de copil, aplicînd violenţa fizică sau psihică, atentează la inviolabilitatea sexuală a copilului; e) prin comportare amorală, influenţează negativ asupra copilului; f) suferă de alcoolism cronic sau de narcomanie; g) au săvîrşit infracţiuni premeditate contra vieţii şi sănătăţii copiilor sau a soţului; precum şi h) în alte cazuri cînd aceasta o cer interesele copilului.
Articolul 74. Obligaţia părinţilor de a-şi întreţine copiii (1) Părinţii sînt obligaţi să-şi întreţină copiii minori şi copiii majori inapţi de muncă care necesită sprijin material. (2) Modul de plată a pensiei de întreţinere se determină în baza unui contract încheiat între părinţi sau între părinţi şi copilul major inapt de muncă. (3) Dacă lipseşte un atare contract şi părinţii nu participă la întreţinerea copiilor, pensia de întreţinere se încasează pe cale judecătorească, la cererea unuia dintre părinţi, a tutorelui copilului sau a autorităţii tutelare.
Capitolul 17 DEPISTAREA, EVIDENŢA ŞI PROTECŢIA COPIILOR RĂMAŞI FĂRĂ OCROTIRE PĂRINTEASCĂ
Articolul 112. Apărarea drepturilor şi intereselor legitime ale copiilor rămaşi fără ocrotire părintească (1) Apărarea drepturilor şi intereselor legitime ale copiilor se pune pe seama autorităţii tutelare în cazurile de deces al părinţilor, de decădere a lor din drepturile părinteşti, de abandon, de declarare a părinţilor ca fiind
* Monitorul Oficial al R.Moldova nr.47-48/210 din 26.04.2001
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incapabili, de boală sau absenţă îndelungată, de eschivare de la educaţia copiilor, de la apărarea drepturilor şi intereselor lor legitime, inclusiv în cazul refuzului părinţilor de a-şi lua copiii din instituţiile educative, curative sau din alte instituţii în care se află aceştia, precum şi în alte cazuri de lipsă a grijii părinteşti. (2) Autorităţile tutelare depistează copiii rămaşi fără ocrotire părintească, ţin evidenţa acestora şi, în fiecare caz aparte, în dependenţă de circumstanţele concrete în urma cărora copiii au rămas fără ocrotire părintească, aleg forma adecvată de protecţie a copiilor, asigurînd controlul sistematic asupra condiţiilor de întreţinere, educaţie şi instruire a acestora. (3) Organelor, altele decît autorităţile tutelare, persoanelor fizice şi juridice le este interzisă activitatea de alegere a formelor de protecţie a copiilor rămaşi fără ocrotire părintească.
Articolul 1121. Prevenirea separării copiilor de părinţi (1) Autoritatea tutelară va lua toate măsurile necesare pentru depistarea timpurie a situaţiilor de risc care pot determina separarea copiilor de părinţi. (2) Autoritatea tutelară organizează funcţionarea serviciilor de menţinere, refacere şi dezvoltare a capacităţii copiilor şi a părinţilor de a depăşi situaţiile care ar putea determina separarea copiilor de părinţi. (3) Autoritatea tutelară ţine evidenţa copiilor şi a familiilor care se află în situaţii de risc, monitorizează şi evaluează, după caz, dar nu mai rar decît o dată în 6 luni, situaţia lor.
Articolul 113. Autorităţile tutelare (1) Autorităţi tutelare sînt: a) autoritatea centrală pentru protecţia copilului; b) organele executive ale autorităţilor administraţiei publice locale din unităţile administrativ-teritoriale de nivelul II; c) autorităţile deliberative din unităţile administrativ-teritoriale de nivelul I. (2) Exercitarea funcţiilor de autoritate tutelară se pune pe seama: a) secţiilor raionale asistenţă socială şi protecţie a familiei, Direcţiei pentru ocrotirea şi protecţia minorilor din municipiul Chişinău – în unităţile administrativ-teritoriale de nivelul al doilea; b) primarilor satelor (comunelor), oraşelor (municipiilor), secţiei asistenţă socială şi protecţie a familiei din municipiul Bălţi – în unităţile administrativ-teritoriale de nivelul întîi.
Articolul 114. Depistarea şi evidenţa copiilor rămaşi fără ocrotire părintească (1) Persoanele cu funcţii de răspundere din instituţiile de instruire, curative, de asistenţă socială şi din altele similare, precum şi alte persoane care deţin informaţii despre copiii menţionaţi la art.112 alin.(1) sînt obligate să le comunice, în termen de 3 zile, autorităţii tutelare de la locul aflării copiilor. (2) Autoritatea tutelară care a fost informată despre copilul rămas fără ocrotire părintească este obligată, în termen de 3 zile, să efectueze un control al condiţiilor de trai ale copilului şi, dacă se confirmă lipsa îngrijirii din partea părinţilor, să emită o decizie privind luarea copilului la evidenţă, asigurînd apărarea drepturilor şi intereselor lui legitime printr-un plasament provizoriu, admis de lege, pînă la determinarea, în modul prevăzut de prezentul cod, a formei de protecţie adecvate. (3) În termen de 10 zile din momentul luării la evidenţă a copilului rămas fără ocrotire părintească, auto- ritatea tutelară este obligată să comunice informaţia respectivă autorităţii centrale pentru protecţia copilului. (4) Activitatea autorităţilor tutelare şi a autorităţii centrale pentru protecţia copilului privind depistarea, evi- denţa şi alegerea formei de protecţie a copiilor rămaşi fără ocrotire părintească este reglementată de prezentul cod şi de alte acte normative.
Articolul 115. Formele de protecţie a copiilor rămaşi fără ocrotire părintească (1) Autoritatea tutelară asigură menţinerea sau reintegrarea copilului rămas fără ocrotire părintească: a) în familia biologică – familie în care s-a născut; b) în familia extinsă – rudele lui de pînă la gradul IV inclusiv (în cazul cînd nu este posibil plasamentul în familia biologică).
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(2) În cazul imposibilităţii de aplicare a măsurilor menţionate la alin.(1), copilul rămas fără ocrotire părintească va beneficia de următoarele forme de protecţie, acordîndu-se prioritate formelor de protecţie de tip familial faţă de cele rezidenţiale: a) adopţia; b) tutela (curatela); c) asistenţa parentală profesionistă; d) plasamentul în casa de copii de tip familial; e) plasamentul în instituţia rezidenţială de orice tip; f) alte forme de protecţie, în condiţiile legii. (3) La alegerea formei de protecţie se va lua în considerare cu prioritate interesul superior al copilului, de asemenea, se va ţine cont în mod obligatoriu de provenienţa etnică, de apartenenţa la o anumită cultură, de religia, limba, starea de sănătate şi dezvoltarea copilului în vederea creării unor condiţii de viaţă care să asigure continuitatea în educaţia lui. (4) Autoritatea tutelară monitorizează şi evaluează, nu mai rar decît o dată în 6 luni, situaţia copilului rămas fără ocrotire părintească, căruia i s-a aplicat o formă de protecţie în condiţiile alin.(1) şi (2). (5) Pînă la determinarea formei adecvate de protecţie a copilului rămas fără ocrotire părintească, responsa- bil de acesta este autoritatea tutelară.
Capitolul 19 TUTELA ŞI CURATELA COPIILOR Articolul 142. Instituirea tutelei şi curatelei (1) Tutela şi curatela se instituie asupra copiilor rămaşi fără ocrotire părintească în scopul educaţiei şi in- struirii acestora, precum şi al apărării drepturilor şi intereselor lor legitime. (2) Tutela se instituie asupra copiilor care nu au atins vîrsta de 14 ani. La atingerea vîrstei de 14 ani, tutela se transformă în curatelă, fără adoptarea de către autoritatea tutelară a unei hotărîri suplimentare. (3) Curatela se instituie asupra copiilor în vîrstă de la 14 la 18 ani. (4) Tutela şi curatela se instituie de către autorităţile administraţiei publice locale, în termen de cel mult o lună din momentul primirii cererii respective, în baza avizului scris al autorităţii tutelare.
Articolul 143. Persoanele care pot fi numite tutori (curatori) (1) Pot fi numiţi tutori (curatori) o singură persoană fizică sau soţul şi soţia împreună dacă nu se află în vreunul din cazurile de incompatibilitate prevăzute la alin.(4) şi au consimţit expres. (2) La numirea tutorelui (curatorului) se iau în considerare calităţile morale şi alte calităţi personale, posibilităţile candidatului de a-şi îndeplini obligaţiile de tutore (curator), relaţiile lui şi ale membrilor familiei lui cu copilul. (3) Numirea tutorelui la copilul care a atins vîrsta de 10 ani se face numai cu acordul copilului. (4) Nu poate fi numită tutore (curator) persoana: a) minoră; b) declarată incapabilă sau cu capacitate de exerciţiu limitată; c) decăzută din drepturile părinteşti; d) declarată incapabilă de a fi tutore (curator) din cauza stării de sănătate; e) care a fost adoptator, dar adopţia a fost anulată din cauza exercitării necorespunzătoare a obligaţiilor de adoptator; f) căreia i s-a restrîns exerciţiul unor drepturi politice sau civile, fie în temeiul legii, fie prin hotărîre judecătorească, precum şi persoana cu rele purtări; g) ale cărei interese vin în conflict cu interesele persoanei puse sub tutelă (curatelă); h) înlăturată, prin act autentic sau prin testament, de către părintele care exercita singur, pînă la momentul morţii, ocrotirea părintească; i) care, exercitînd o tutelă (curatelă), a fost îndepărtată de la ea;
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j) care suferă de alcoolism cronic sau de narcomanie; k) care se află în relaţii de muncă cu instituţia în care este internat copilul asupra căruia se instituie tutela (curatela); l) care nu are domiciliul pe teritoriul Republicii Moldova.
Articolul 144. Tutela (curatela) asupra copiilor care sînt întreţinuţi şi educaţi în instituţiile de stat (1) În cazul în care asupra copiilor întreţinuţi şi educaţi în instituţiile de stat nu este instituită tutela (curate- la), obligaţiile tutorelui (curatorului) sînt puse pe seama administraţiei instituţiei respective. (2) Plasamentul temporar al copilului aflat sub tutelă (curatelă) în instituţia de stat nu anulează drepturile şi obligaţiile tutorelui (curatorului) faţă de acesta. (3) Apărarea drepturilor copiilor externaţi din instituţiile de stat este preluată de către autorităţile tutelare.
Articolul 145. Drepturile copiilor aflaţi sub tutelă (curatelă) Copiii aflaţi sub tutelă (curatelă) au dreptul: a) de a locui împreună cu tutorele (curatorul) lor; b) la condiţii normale de întreţinere, educaţie şi instruire; c) la dezvoltare multilaterală şi la respectarea demnităţii umane; d) la pensia de întreţinere şi la alte plăţi sociale; e) la spaţiul locativ ocupat anterior de către părinţii lor sau la asigurarea cu spaţiu locativ, în modul stabilit; f) la apărarea drepturilor lor în modul stabilit; g) la comunicare cu părinţii şi rudele; h) la exprimarea propriei opinii în procesul soluţionării problemelor care le ating drepturile şi interesele legitime.
Articolul 146. Drepturile şi obligaţiile tutorelui (curatorului) (1) Tutorele (curatorul) are dreptul şi este obligat să se ocupe de educaţia copilului aflat sub tutela (curatela) sa, să aibă grijă de sănătatea şi dezvoltarea fizică, psihică, spirituală şi morală a copilului. (2) Tutorele (curatorul) determină de sine stătător procedeele şi mijloacele de educaţie a copilului aflat sub tu- telă (curatelă), luînd în considerare eventualele recomandări ale autorităţii tutelare şi respectînd prevederile art.62. (3) Tutorele (curatorul), ţinînd cont de opinia copilului, poate alege instituţia de învăţămînt şi forma de stu- dii pe care le va urma copilul, fiind obligat să asigure frecventarea de către copil a şcolii pînă la sfîrşitul anului de învăţămînt în care acesta atinge vîrsta de 16 ani. (4) Tutorele (curatorul) este în drept să ceară de la orice persoană, inclusiv rudele apropiate, înapoierea copilului pe care acestea îl reţin fără temei legal sau fără o hotărîre corespunzătoare a instanţei judecătoreşti. (5) Tutorele (curatorul) nu este în drept să împiedice contactele copilului cu rudele lui, cu excepţia cazurilor în care contactele respective contravin intereselor acestuia. (6) Drepturile şi obligaţiile tutorelui (curatorului) privind reprezentarea intereselor copilului aflat sub tutela (curatela) sa sînt stabilite de legislaţia civilă. (7) Tutorele (curatorul) este obligat să locuiască împreună cu copilul aflat sub tutela (curatela) sa. Curatorul şi copilul aflat sub curatelă care a atins vîrsta de 14 ani pot locui separat doar cu acordul autorităţii tutelare. (8) Tutorele (curatorul) este obligat să comunice autorităţii tutelare informaţiile privind starea sănătăţii, îngrijirea şi educaţia copilului, precum şi schimbarea domiciliului. [Art.146 modificat prin Legea nr.134-XVI din 30.06.05, în vigoare 12.08.05]
Articolul 147. Exercitarea drepturilor şi îndeplinirea obligaţiilor de tutore (curator) (1) Drepturile şi obligaţiile de tutore (curator) sînt exercitate exclusiv în interesul minorului aflat sub tutelă (curatelă). (2) Obligaţiile de tutore (curator) sînt exercitate gratuit, cu excepţiile prevăzute de lege.
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8. LEGE cu privire la drepturile copilului Nr. 338 din 15.12.1994*
Modificat LP143-XVI din 02.06.06, MO98-101/30.06.06 art.455 LP1001-XV din 19.04.02, MO71/06.06.02 art. 571
Parlamentul adoptă prezenta lege. Ocrotirea de către stat şi societate a copilului, familiei şi maternităţii constituite în Republica Moldova o preocupare politică, socială şi economică de prim ordin. Prezenta lege stabileşte statutul juridic al copilului ca subiect independent, prevede asigurarea sănătăţii fi- zice şi spirituale a copilului, formarea conştiinţei lui civice pe baza valorilor naţionale şi general-umane, acorda- rea unei griji deosebite şi protecţii sociale copiilor lipsiţi temporar sau permanent de anturajul familiei sau care se află în alte condiţii nefavorabile sau extreme.
Capitolul I PRINCIPII GENERALE Articolul 1. Baza juridică (1) Drepturile şi obligaţiunile copilului sînt reglementate de prezenta lege şi de alte acte legislative. (2) În conformitate cu prezenta lege, o persoană este considerată copil din momentul naşterii pînă la vîrsta de 18 ani.
Articolul 2. Organele de ocrotire a drepturilor şi intereselor copilului (1) Statul garantează fiecărui copil dreptul la un nivel de viaţă adecvat dezvoltării sale fizice, intelectuale, spirituale şi sociale. Statul întreprinde acţiuni în vederea acordării de ajutor părinţilor, precum şi altor persoane responsabile de educaţia şi dezvoltarea copiilor. (2) Protecţia drepturilor copilului este asigurată de organele competente respective şi de organele de drept. [Art.2 al.(2) modificat prin L1001/19.04.2002, MO71/06.06.2002 art. 571] [Art.2 al.(2) modificat prin L1001/19.04.2002, MO71/06.06.2002 art. 571]
Articolul 3. Egalitatea în drepturi a copiilor Toţi copiii sînt egali în drepturi fără deosebire de rasă, naţionalitate, origine etnică, sex, limbă, religie, convingeri, avere sau origine socială.
Capitolul II DREPTURILE FUNDAMENTALE ALE COPILULUI Articolul 4. Dreptul la viaţă (1) Dreptul copilului la viaţă şi la inviolabilitatea fizică şi psihică este garantat. (2) Nici un copil nu poate fi supus torturii, pedepselor sau tratamentelor crude, inumane sau degradante. (3) Statul recunoaşte dreptul copilului la folosirea celor mai bune tehnologii de tratament şi recuperare, profilaxie a bolilor. (4) În cazul în care părinţii refuză asistenţa medicală pentru copilul bolnav, aceasta se acordă contrar voinţei lor, la decizia consiliului de medici, luată în prezenţa reprezentantului puterii.
* Publicat: 02.03.1995 în Monitorul Oficial Nr. 013 art Nr : 127
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(5) În conformitate cu legislaţia, statul asigură mamei, în perioada pre- şi postnatală, condiţii necesare pen- tru dezvoltarea sănătoasă a copilului, pentru alimentarea lui raţională şi inofensivă, asistenţă medicală calificată şi gratuită, organizarea măsurilor de profilaxie a bolilor, de propagare a unui mod de viaţă sănătos.
Articolul 5. Dreptul copilului la un nume şi la o cetăţenie (1) Din momentul naşterii copilul are dreptul la un nume şi este înregistrat conform prevederilor Codului căsătoriei şi familiei. (2) Fiecare copil are dreptul la o cetăţenie. Temeiul şi condiţiile de dobîndire şi schimbare a cetăţeniei copi- lului sînt stabilite de legislaţie.
Articolul 6. Dreptul la inviolabilitatea persoanei, la protecţie împotriva violenţei fizice şi psihice. Statul ocroteşte inviolabilitatea persoanei copilului, protejîndu-l de orice formă de exploatare, discriminare, violenţă fizică şi psihică, neadmiţînd comportarea plină de cruzime, grosolană, dispreţuitoare, insultele şi mal- tratările, antrenarea în acţiuni criminale, iniţierea în consumul de băuturi alcoolice, folosirea ilicită de substanţe stupefiante şi psihotrope, practicarea jocurilor de noroc, cerşetoriei, incitarea sau constrîngerea de a practica orice activitate sexuală ilegală, exploatarea în scopul prostituţiei sau al altei practici sexuale ilegale, în pornografie şi în materiale cu caracter pornografic inclusiv din partea părinţilor sau persoanelor subrogatorii legale, rudelor.
Articolul 7. Dreptul la apărarea demnităţii şi onoarei Fiecare copil are dreptul la apărarea demnităţii şi onoarei. Atentatul la onoarea şi demnitatea copilului se pedepseşte în conformitate cu legislaţia.
Articolul 8. Dreptul la libertatea gîndirii şi conştiinţei (1) Dreptul copilului la libertatea gîndirii, la opinie, precum şi la confesiune nu pot fi încălcate sub nici o formă. (2) Statul garantează copilului, capabil să-şi formuleze opiniile, dreptul de a-şi exprima liber aceste opinii asupra oricărei probleme care îl priveşte. De opinia copilului care a atins vîrsta de 10 ani se va ţine cont, în mod obligatoriu, dacă aceasta nu contravine intereselor lui. [Art.8 al.(2) modificat prin L1001/19.04.2002, MO71/06.06.2002 art. 571] [Art.8 al.(2) modificat prin L1001/19.04.2002, MO71/06.06.2002 art. 571] (3) În acest scop copilului i se dă posibilitatea de a fi audiat în cursul dezbaterilor judiciare sau administra- tive care-l privesc, fie direct, fie prinr-un reprezentant sau organ corespunzător, în conformitate cu legislaţia. (4) Nici un copil nu poate fi constrîns să împărtăşească o opinie sau alta, să adere la o religie sau alta contrar convigerilor sale. Libertatea conştiinţei copilului este garantată de către stat, ea trebuie să se manifeste în spiritul toleranţei religioase şi respectul reciproc. (5) Părinţii sau persoanele subrogatorii legale au dreptul să educe copilul conform propriilor convingeri.
Articolul 9. Dreptul la dezvoltarea capacităţilor intelectuale Statul asigură tuturor copiilor posibilităţi şi condiţii egale pentru însuşirea valorilor culturale, susţine în- fiinţarea diferitelor instituţii de stat şi obşteşti care contribuie la dezvoltarea capacităţilor creative ale copiilor, asigură accesul lor la aceste instituţii, sprijină în conformitate cu legislaţia editarea ziarelor, revistelor şi cărţilor pentru copii, turnarea filmelor, prezentarea emisiunilor radiofonice şi televizate pentru copii.
Articolul 10. Dreptul la învăţătură (1) Fiecare copil are dreptul la instruire gratuită în limba de stat sau în altă limbă în şcoli de cultură generală, la continuarea studiilor în şcoli tehnico-profesionale, licee, colegii, instituţii de învăţămînt superior, în confor- mitate cu legislaţia. (2) Copiii cu handicap fizic sau manual au dreptul la instruire în şcoli speciale care funcţionează în confor- mitate cu regulamentele respective. (3) Copiii orfani şi copiii rămaşi fără îngrijire părintească au dreptul la instruire şi la întreţinere gratuite în toate instituţiile de învăţămînt.
Articolul 11. Dreptul la muncă (1) Copilul are dreptul la muncă independentă în corespundere cu posibilităţile lui de vîrstă, starea sănătăţii şi pregătirea profesională, fiind remunerat în conformitate cu legislaţia muncii.
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(2) Cu acordul părinţilor sau persoanelor subrogatorii legale copiii sînt admişi la muncă în măsura puterilor, îmbinînd munca cu învăţătura de la vîrsta de 14 ani. Organele de stat creează rezerve de locuri de muncă pentru copii, servicii speciale pentru angajarea lor. (3) Statul protejează copilul de exploatare economică şi de executarea oricărei munci, ce prezintă pericol pentru sănătatea lui ori serveşte drept piedică în procesul de instruire, sau prejudiciază dezvoltarea lui fizică, intelectuală, spirituală şi socială. (4) Participarea la muncă a copiilor invalizi şi a copiilor cu handicap fizic sau mental se realizează prin cre- area de către stat a unei reţele adecvate de întreprinderi şi servicii. (5) Antrenarea forţată sub orice formă a copilului în cîmpul muncii atrage răspundere juridică.
Articolul 12. Dreptul la odihnă (1) Fiecare copil are dreptul la odihnă şi timp liber, dreptul de a participa la jocuri şi la activităţi recreative proprii vîrstei sale. Poate participa de asemenea la viaţa culturală şi artistică. (2) Statul stimulează şi susţine material crearea unei reţele largi de instituţii extraşcolare, edificii sportive, stadioane, cluburi, tabere de odihnă şi alte obiective ce contribuie la întremarea sănătăţii copiilor, stabileşte înlesniri pentru frecventarea instituţiilor de cultură şi învăţămînt, a celor sportive de întremare şi a bazelor de odihnă în timpul vacanţei.
Articolul 13. Dreptul la asociere în organizaţii obşteşti (1) Copiii au dreptul să se asocieze în organizaţii obşteşti în conformitate cu legislaţia. (2) Statul acordă ajutor material organizaţiilor obşteşti ale copiilor, pune la dispoziţia lor localuri, le acordă înlesniri fiscale. (3) Se interzice implicarea copiilor în activitatea politică şi asocierea lor în partide politice.
Articolul 14. Obligaţiunile copilului Copilul este obligat să conştientizeze şi să respecte ordinea publică şi normele de convieţuire, să preţuiească atît tradiţiile şi valorile culturale naţionale, cît şi cele general-umane, să acumuleze cunoştinţe şi să se pregătească pen- tru o activitate utilă, să manifeste o atitudine grijulie faţă de părinţi, mediul ambiant, proprietatea publică şi privată.
Capitolul III FAMILIA ŞI COPILUL Articolul 15. Obligaţiunea părinţilor de a naşte un copil sănătos (1) Persoanele care depun cerere de căsătorie sînt obligate să treacă examinarea medicală în scopul depis- tării la ele a bolilor sau agenţilor patogeni ce pot fi transmişi copiilor. Rezultatele examinării sînt aduse la cu- noştinţa tinerilor care vor să se căsătorească. Depistarea oricărei boli sau a agenţilor patogeni nu poate exclude căsătoria. În caz de depistare a dereglărilor genetice, care pot conduce la boli ereditare grave, nu se recomandă naşterea copilului . (2) Femeia gravidă îndeplineşte necondiţionat indicaţiile medicilor pentru asigurarea dezvoltării normale a fătului. Se recomandă abţinerea de la consumul alcoolului, niocotinei şi drogurilor în perioada gravităţii. (3) Părinţii sînt obligaţi să respecte recomandările medicilor privind asigurarea dezvoltării normale a copi- lului în perioada pre- şi postnatală. Respectarea tuturor cerinţelor medicilor este stimulată de stat. (4) Statul asigură persoanelor care se căsătoresc, precum şi familiilor tinere, condiţii necesare de examinare medicală. [Art.15 modificat prin LP143/02.06.06, MO98-101/30.06.06 art.455, al.(3),(4),(5)devin (2),(3),(4)] [Art.15 modificat prin LP143/02.06.06, MO98-101/30.06.06 art.455, al.(3),(4),(5) devin (2),(3),(4)]
Articolul 16. Dreptul la abitaţie în familie Fieare copil are dreptul să locuiască în familie, să-şi cunoască părinţii, să beneficieze de grija lor, să coabiteze cu aceştia, cu excepţia cazurilor în care despărţirea de un părinte sau de ambii părinţi este necesară în interesul copilului.
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Articolul 17. Drepturile copilului care locuieşte separat de părinţi Copilul separat de un părinte sau de ambii părinţi, care locuieşte în Republica Moldova sau în orice altă ţară, are dreptul să întreţină relaţii personale şi contacte directe regulate cu cei doi părinţi ai săi, dacă aceasta nu contravine intereselor lui.
Articolul 18. Răspunderea familiei pentru copil (1) Ambii părinţi, în egală măsură, sau persoanele subrogatorii legale poartă răspunderea principală pentru dezvoltarea fizică, intelectuală, spirituală şi socială a copilului, ţinînd cont în primul rînd de interesele acestuia. (2) Părinţii sau persoanele subrogatorii legale poartă răspundere juridică pentru lipsa de supraveghere per- manentă a copiilor de vîrstă fragedă şi preşcolară. (3) Dacă ambii părinţi sau unul din ei, precum şi persoanele subrogatorii legale, nu-şi îndeplinesc obliga- ţiunile faţă de copil sau abuzează de drepturile lor paterne, copilul are dreptul de a sesiza organele de tutelă şi curatelă, precum şi de drept, pentru a-şi apăra drepturile şi interesele. (4) În cazul în care copilul este întreţinut în instituţie de stat pentru copii, cauza fiind abandonarea sau îmbolnăvirea acestuia ca urmare a nerespectării recomandărilor medicilor, ambii părinţi vor compensa cheltu- ielile pentru întreţinerea lui în conformitate cu legislaţia.
Articolul 19. Dreptul la spaţiu locativ (1) Copiii, membri ai familiei locatarului, au aceleaşi drepturi ca şi ceilalţi membri ai familiei la folosirea spaţiului locativ, iar copiii, membri ai familiei proprietarului locuinţei, au aceleaşi drepturi la folosirea şi moş- tenirea acesteia. (2) Autorităţile administraţiei publice locale asigură întreţinerea şi reparaţia locuinţelor copiilor orfani şi celor rămaşi fără îngrijire părintească pînă la majorat. (3) Copiilor care revin dintr-o instituţie de stat pentru copii, de la rude, persoane subrogatorii legale li se atribuie peste rînd spaţiu locativ, dacă e imposibilă instalarea lor în locuinţa ocupată anterior.
Articolul 20. Dreptul la proprietate Fiecare copil are dreptul la proprietate. Dreptul copilului la proprietate este garantat. Copilul beneficiază de dreptul la proprietate în limitele şi în modul stabilite de legislaţie.
Articolul 21. Ocrotirea familiei de către stat (1) Familia şi copiii beneficiază de protecţie şi ajutor special pentru realizarea drepturilor lor. (2) Statul acordă sprijin familiei la întreţinerea şi educaţia copiilor, garantează plata indemnizaţiilor la naş- terea copilului, acordă alte ajutoare şi compensaţii prevăzute de legislaţie.
Capitolul IV COPILUL ÎN CONDIŢII NEFAVORABILE ŞI EXTREME Articolul 22. Ocrotirea copiilor orfani şi a copiilor rămaşi fără îngrijire părintească (1) Copiii, care temporar sau permanent sînt lipsiţi de mediul familiei sau care, în propriul lor interes, nu pot fi lăsat în acest mediu, se bucură de protecţie şi ajutor special din partea statului, conform legislaţiei. (2) Copiii orfani şi copiii rămaşi fără îngrijure părintească sînt înfiaţi sau plasaţi în altă familie sau în insti- tuţie de stat pentru copii. (3) Adopţia de către cetăţenii străini se înfăptuieşte în conformitate cu legislaţia în cazul în care nu poate fi găsită o soluţie potrivită în Republica Moldova. La alegerea soluţiei se va ţine seama de necesitatea de asigurare a unei continuităţi în educarea copilului, de originea sa etnică, religioasă, culturală, lingvistică şi de dorinţa copilului.
Articolul 23. Întreţinerea copiilor în instituţii de stat pentru copii (1) În cazul în care nu este posibil plasamentul copilului rămas fără familie într-o altă familie, el este institu- ţionalizat în casa de copii sau în altă instituţie similară, aflîndu-se la întreţinere deplină de către stat. Instituţi- onalizarea se înfăptuieşte în conformitate cu legislaţia.
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(2) Copiilor instituţionalizaţi li se creează toate condiţiile pentru dezvoltarea fizică, intelectuală şi spirituală, pentru păstrarea limbii materne, culturii, tradiţiilor şi obiceiurilor naţionale, cultivîndu-le, totodată, deprinderi pentru o viaţă independentă.
Articolul 24. Drepturile copiilor invalizi şi copiilor cu handicap fizic sau mental (1) Statul garantează copiilor invalizi şi copiilor cu handicap fizic sau mental asistenţă medicală gratuită, ajutor psihologic special instruire generală şi profesională, plasare în cîmpul muncii potrivit capacităţilor, reso- cializare pentru a se putea bucura de o viaţă decentă în condiţii care să le faciliteze participarea activă la viaţa socială. (2) Statul asigură copiii invalizi cu pensii de invaliditate.
Articolul 25. Drepturile copiilor aflaţi în situaţii excepţionale (1) Copiilor aflaţi în situaţii excepţionale (accidente, calamităţi naturale, epidemii, război etc.) statul le acor- dă ajutor urgent şi gratuit, întreprinde măsuri de neamînat pentru evacuarea lor din zona de pericol şi reunirea cu familia. (2) În caz de pierdere a părinţilor copilului beneficiază de protecţie socială din partea statului, precum şi de privilegii prevăzute de legislaţie.
Articolul 26. Interzicerea antrenării copiilor în acţiuni militare Se interzice antrenarea copiilor în acţiuni militare, precum şi propagarea războiului şi violenţei în rîndurile copiilor.
Articolul 27. Dreptul copilului la statut de refugiat (1) Statul întreprinde măsuri necesare pentru a asigura copilului, care doreşte să obţină statutul de refugiat sau este considerat ca refugiat, conform regulilor şi procedurilor de drept internaţional sau naţional, atît celui însoţit, cît şi celui neînsoţit de părinţi sau oricare altă persoană, protecţia şi ajutorul umanitar necesar. (2) Statul acordă, în caz de necesitate, sprijin organizaţiilor în atribuţiile cărora intră protecţia acestor cate- gorii de copii.
Articolul 28. Ocrotirea drepturilor copilului în cazul tragerii la răspundere a acestuia (1) Statul apără dreptul copilului la libertatea personală. (2) Reţinerea sau arestarea copilului sînt aplicate doar ca măsuri excepţionale şi numai în cazurile prevăzute de legislaţie. În cazul reţinerii sau arestării copilului, părinţii sau persoanele subrogatorii legale ale acestuia sînt informaţi de îndată. (3) Copiii reţinuţi sau arestaţi sînt ţinuţi sub arest separat de adulţi şi de copiii condamnaţi. (4) Nici pedeapsa capitală, nici închisoarea pe viaţă nu pot fi aplicate pentru infracţiunile comise de persoa- na sub vîrsta de 18 ani. (5) În procesul dezbaterilor judiciare în care figurează copii este obligatorie participarea apărătorului şi pedagogului. La examinarea de către instanţa de judecată a litigiului privind educaţia copilului este obligatorie participarea autorităţii tutelare. [Art.28 al.(5) modificat prin L1001/19.04.2002, MO71/06.06.2002 art. 571]
Articolul 29. Ocrotirea drepturilor copilului în instituţiile educative speciale (1) Repartizarea copilului în instituţii educative speciale se face numai conform hotărîrii judecătoreşti la propunerea organelor de resort respective de pe lîngă autorităţile administraţiei publice locale. (2) Copilul care se află într-o instituţie educativă specială are dreptul la tratament uman, ocrotire a sănătă- ţii, instruire generală sau profesională, întrevedere cu părinţii, rudele şi alte persoane interesate, la concediu, corespondenţă. (3) O condiţie obligatorie a deţinerii copiilor în instituţii educative speciale este reeducarea în vederea re- venirii lor la un mod normal de viaţă.
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Articolul 30. Ocrotirea copilului de răpire, vînzare şi trafic Statul ia toate măsurile necesare pentru a preveni răpirea, vînzarea şi traficul de copii în orice scop şi în orice formă.
Capitolul V COLABORAREA INTERNAŢIONALĂ Articolul 31. Colaborarea internaţională (1) Statul asigură realizarea colaborării internaţionale în domeniul ocrotirii drepturilor copilului prin inter- mediul structurilor statale şi nestatale. (2) Dacă acordul internaţional la care Republica Moldova este parte stabileşte alte reguli decît cele care se conţin în prezenta lege, se aplică regulile acordului internaţional.
Capitolul VI RĂSPUNDEREA PENTRU ÎNCĂLCAREA LEGII ŞI CONTROLUL ASUPRA APLICĂRII EI
Articolul 32. Răspunderea pentru încălcarea legii Persoanele fizice şi juridice care s-au făcut vinovate de încălcarea prezentei legi sînt trase la răspundere în modul stabilit de legislaţie. Articolul 33. Controlul asupra aplicării legii Controlul asupra aplicării prezentei legi se exercită de către organele de stat împuternicite în acest scop prin legislaţie.
PREŞEDINTELE PARLAMENTULUI Petru LUCINSCHI Chişinău, 15 decembrie 1993. Nr. 338-XIII.
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9. LEGE cu privire la prevenirea şi combaterea violenţei în familie nr. 45-XVI din 01.03.2007 Monitorul Oficial nr.55-56/178 din 18.03.2008
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CUPRINS
Capitolul I DISPOZIŢII GENERALE Articolul 1. Obiectul legii Articolul 2. Noţiuni principale Articolul 3. Subiecţii violenţei în familie Articolul 4. Cadrul legislativ Articolul 5. Principiile de bază ale prevenirii şi combaterii violenţei în familie Articolul 6. Sfera de acţiune a legii
Capitolul II AUTORITĂŢILE ŞI INSTITUŢIILE ABILITATE CU FUNCŢII DE PREVENIRE ŞI DE COMBATERE A VIOLENŢEI ÎN FAMILIE Articolul 7. Autorităţile şi instituţiile abilitate cu funcţii de prevenire şi de combatere a violenţei în familie Articolul 8. Competenţele autorităţilor administraţiei publice centrale şi locale Articolul 9. Competenţele Departamentului Instituţiilor Penitenciare Articolul 10. Competenţele centrelor/serviciilor de reabilitare a victimelor şi agresorilor
Capitolul III MECANISMUL DE SOLUŢIONARE A ACTELOR DE VIOLENŢĂ ÎN FAMILIE Articolul 11. Dreptul la protecţie al victimei Articolul 12. Persoanele care pot depune cerere despre comiterea actelor de violenţă în familie Articolul 13. Depunerea cererii Articolul 14. Modalitatea examinării cererii Articolul 15. Măsurile de protecţie Articolul 16. Finanţarea Articolul 17. Sancţiuni
Capitolul IV DISPOZIŢII FINALE Articolul 18. Intrarea în vigoare. Îndatoririle Guvernului
Notă: În cuprinsul legii sintagmele „Ministerul Protecţiei Sociale, Familiei şi Copilului” şi „Ministerul Educaţiei şi Tineretului” se substituie, respectiv, prin sintagmele „Ministerul Muncii, Protecţiei Sociale şi Familiei” şi „Ministerul Educaţiei”, iar sintagma „Ministerul Administraţiei Publice Locale,” se exclude conform Legii nr.109 din 04.06.2010, în vigoare 30.07.2010
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Prevenirea şi combaterea violenţei în familie fac parte din politica naţională de ocrotire şi sprijinire a famili- ei şi reprezintă o importantă problemă de sănătate publică. Pentru consolidarea, ocrotirea şi sprijinirea familiei, pentru asigurarea respectării principiilor fundamentale ale legislaţiei referitor la familie, egalităţii de şanse între femei şi bărbaţi în realizarea dreptului lor uman la viaţă fără violenţă, Parlamentul adoptă prezenta lege organică.
Capitolul I DISPOZIŢII GENERALE Articolul 1. Obiectul legii Prezenta lege stabileşte bazele juridice şi organizatorice ale activităţii de prevenire şi de combatere a vio- lenţei în familie, autorităţile şi instituţiile abilitate cu funcţii de prevenire şi de combatere a violenţei în familie, mecanismul de sesizare şi soluţionare a cazurilor de violenţă.
Articolul 2. Noţiuni principale În sensul prezentei legi, următoarele noţiuni semnifică: violenţă în familie – orice acţiune sau inacţiune intenţionată, cu excepţia acţiunilor de autoapărare sau de apărare a unor alte persoane, manifestată fizic sau verbal, prin abuz fizic, sexual, psihologic, spiritual sau eco- nomic ori prin cauzare de prejudiciu material sau moral, comisă de un membru de familie contra unor alţi membri de familie, inclusiv contra copiilor, precum şi contra proprietăţii comune sau personale; violenţă fizică – vătămare intenţionată a integrităţii corporale ori a sănătăţii prin lovire, îmbrîncire, trîntire, tragere de păr, înţepare, tăiere, ardere, strangulare, muşcare, în orice formă şi de orice intensitate, prin otrăvire, intoxicare, alte acţiuni cu efect similar; violenţă sexuală – orice violenţă cu caracter sexual sau orice conduită sexuală ilegală în cadrul familiei sau în alte relaţii interpersonale, cum ar fi violul conjugal, interzicerea folosirii metodelor de contracepţie, hărţuirea sexuală; orice conduită sexuală nedorită, impusă; obligarea practicării prostituţiei; orice comportament sexual ilegal în raport cu un membru de familie minor, inclusiv prin mîngîieri, sărutări, pozare a copilului şi prin alte atingeri nedorite cu tentă sexuală; alte acţiuni cu efect similar; violenţă psihologică – impunere a voinţei sau a controlului personal, provocare a stărilor de tensiune şi de suferinţă psihică prin ofense, luare în derîdere, înjurare, insultare, poreclire, şantajare, distrugere demonstrativă a obiectelor, prin ameninţări verbale, prin afişare ostentativă a armelor sau prin lovire a animalelor domestice; neglijare; implicare în viaţa personală; acte de gelozie; impunere a izolării prin detenţie, inclusiv în locuinţa familială; izolare de familie, de comunitate, de prieteni; interzicere a realizării profesionale, interzicere a frec- ventării instituţiei de învăţămînt; deposedare de acte de identitate; privare intenţionată de acces la informaţie; alte acţiuni cu efect similar; violenţă spirituală – subestimare sau diminuare a importanţei satisfacerii necesităţilor moral-spirituale prin interzicere, limitare, ridiculizare, penalizare a aspiraţiilor membrilor de familie, prin interzicere, limitare, luare în derîdere sau pedepsire a accesului la valorile culturale, etnice, lingvistice sau religioase; impunere a unui sis- tem de valori personal inacceptabile; alte acţiuni cu efect similar sau cu repercusiuni similare; violenţă economică – privare de mijloace economice, inclusiv lipsire de mijloace de existenţă primară, cum ar fi hrană, medicamente, obiecte de primă necesitate; abuz de variate situaţii de superioritate pentru a sustrage bunurile persoanei; interzicere a dreptului de a poseda, folosi şi dispune de bunurile comune; control inechi- tabil asupra bunurilor şi resurselor comune; refuz de a susţine familia; impunere la munci grele şi nocive în detrimentul sănătăţii, inclusiv a unui membru de familie minor; alte acţiuni cu efect similar; prejudiciu moral – cauzare de suferinţe unui membru de familie, inclusiv unui copil, în cadrul familiei sau al unor alte relaţii interpersonale, care duce la umilire, frică, înjosire, incapacitate de apărare împotriva violenţei fizice, la sentimente de frustrare; prejudiciu material – daune materiale, susceptibile de evaluare sau estimare financiară/pecuniară, rezultînd din orice act de violenţă în familie, în concubinaj, precum şi costurile pentru instrumentarea cazurilor de vio- lenţă în familie; agresor – persoană care comite acte de violenţă în familie, în concubinaj; victimă – persoană, adult sau copil, supusă actelor de violenţă în familie, în concubinaj; ordonanţă de protecţie – act legal prin care instanţa de judecată aplică măsuri de protecţie a victimei.
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Articolul 3. Subiecţii violenţei în familie (1) Subiecţi ai violenţei în familie sînt: agresorul şi victima – cetăţeni ai Republicii Moldova, cetăţeni străini şi apatrizii care locuiesc pe teritoriul ei. (2) Subiecţi ai violenţei în familie pot fi: a) în condiţia conlocuirii – persoanele aflate în relaţii de căsătorie, de divorţ, de concubinaj, de tutelă şi cu- ratelă, rudele lor pe linie dreaptă sau colaterală, soţii rudelor, alte persoane întreţinute de acestea; b) în condiţia locuirii separate – persoanele aflate în relaţii de căsătorie, copiii lor, inclusiv cei adoptivi, cei născuţi în afara căsătoriei, cei aflaţi sub tutelă sau curatelă, alte persoane aflate la întreţinerea acestora.
Articolul 4. Cadrul legislativ (1) Legislaţia cu privire la prevenirea şi combaterea violenţei în familie constă din Constituţia Republicii Moldova, din prezenta lege, din alte acte normative, din tratatele internaţionale la care Republica Moldova este parte. (2) Dacă tratatul internaţional la care Republica Moldova este parte stabileşte alte norme decît prezenta lege, se aplică normele tratatului internaţional.
Articolul 5. Principiile de bază ale prevenirii şi combaterii violenţei în familie Prevenirea şi combaterea violenţei în familie se efectuează pe următoarele principii: a) legalitatea; b) egalitatea; c) confidenţialitatea; d) accesul la justiţie; e) protecţia şi securitatea victimei; f) cooperarea autorităţilor administraţiei publice cu societatea civilă şi cu organizaţiile internaţionale.
Articolul 6. Sfera de acţiune a legii Prevederile prezentei legi se aplică în egală măsură cetăţenilor Republicii Moldova, cetăţenilor străini şi apatrizilor care locuiesc pe teritoriul ei.
Capitolul II AUTORITĂŢILE ŞI INSTITUŢIILE ABILITATE CU FUNCŢII DE PREVENIRE ŞI DE COMBATERE A VIOLENŢEI ÎN FAMILIE
Articolul 7. Autorităţile şi instituţiile abilitate cu funcţii de prevenire şi de combatere a violenţei în familie (1) Autorităţile şi instituţiile abilitate cu funcţii de prevenire şi de combatere a violenţei în familie sînt: a) autorităţile administraţiei publice centrale de specialitate (Ministerul Muncii, Protecţiei Sociale şi Fami- liei, Ministerul Educaţiei, Ministerul Sănătăţii, Ministerul Afacerilor Interne, Ministerul Justiţiei); b) autorităţile administraţiei publice locale de specialitate: - secţiile/direcţiile de asistenţă socială şi de protecţie a familiei; - direcţiile generale de învăţămînt, tineret şi sport; - organele ocrotirii sănătăţii; - organele afacerilor interne; c) comisiile pentru probleme sociale de pe lîngă autorităţile administraţiei publice locale; d) centrele/serviciile de reabilitare a victimelor şi agresorilor; e) alte organizaţii cu activităţi specializate în domeniu. (2) Autoritatea publică centrală abilitată cu funcţii de elaborare şi de promovare a politicilor de prevenire şi de combatere a violenţei în familie şi de asistenţă socială a victimelor şi agresorilor este Ministerul Muncii, Protecţiei Sociale şi Familiei.
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(3) Pe lîngă Ministerul Muncii, Protecţiei Sociale şi Familiei se creează Consiliul coordonator interministe- rial în domeniul prevenirii şi combaterii violenţei în familie, în componenţa căruia intră cîte un reprezentant al autorităţilor centrale, conform alin.(1), reprezentanţii societăţii civile şi alte părţi interesate. Consiliul coordo- nator interministerial este responsabil de asigurarea coordonării şi colaborării dintre ministere şi alte autorităţi administrative centrale cu competenţe în domeniul prevenirii şi combaterii violenţei în familie. Regulamentul Consiliului coordonator interministerial este aprobat prin hotărîre de Guvern. (4) Autoritatea publică locală abilitată cu funcţii de implementare a politicilor de prevenire a violenţei în familie şi de asistenţă socială a victimelor şi agresorilor este secţia/direcţia raională de asistenţă socială şi protecţie a familiei, în cadrul căreia se desemnează un specialist responsabil de domeniul prevenirii şi comba- terii violenţei în familie. (5) Celelalte servicii publice de nivel local vor desemna persoane cu atribuţii privind prevenirea şi combate- rea violenţei în familie, responsabile de coordonarea activităţilor specifice în cadrul instituţiei sale şi de colabo- rarea în desfăşurarea activităţilor comune la nivelul teritoriului administrativ, în baza unor proceduri stabilite de conlucrare în prevenirea şi combaterea cazurilor de violenţă în familie. [Art.7 completat prin Legea nr.167 din 09.07.2010, în vigoare 03.09.2010]
Articolul 8. Competenţele autorităţilor administraţiei publice centrale şi locale (1) Autorităţile administraţiei publice centrale (Ministerul Muncii, Protecţiei Sociale şi Familiei, Ministerul Educaţiei, Ministerul Sănătăţii, Ministerul Afacerilor Interne, Ministerul Justiţiei), în limitele competenţei lor: a) asigură elaborarea şi promovarea politicii de consolidare a familiei, de prevenire a violenţei în familie, de acordare a protecţiei şi asistenţei victimelor şi agresorilor; b) coordonează activitatea în domeniu a structurilor descentralizate/desconcentrate; c) coordonează, evaluează şi monitorizează activitatea centrelor/serviciilor de reabilitare a victimelor şi agresorilor; d) stabilesc procedurile de identificare, de înregistrare şi de raportare a cazurilor de violenţă în familie, con- form principiilor statistice, dezagregate pe sexe; e) consolidează capacităţile resurselor umane din domeniul prevenirii şi combaterii violenţei în familie; f) conlucrează cu organizaţii neguvernamentale, cu persoane fizice şi juridice implicate în activităţi de pre- venire şi de combatere a violenţei. (2) Autorităţile administraţiei publice locale: a) creează comisii pentru probleme sociale şi organizează la nivel local activitatea acestora; b) formează echipe multidisciplinare în domeniu; c) organizează centre/servicii de reabilitare a victimelor şi agresorilor în conformitate cu standardele internaţionale; d) organizează campanii de informare, studii şi alte acţiuni privind prevenirea violenţei în familie; e) dezvoltă parteneriate sociale cu organizaţii neguvernamentale, inclusiv cu fundaţii, sindicate, patronate, cu organisme internaţionale care să contribuie la prevenirea şi combaterea violenţei în familie; f) constată, prin decizie a comisiei pentru probleme sociale, existenţa sau dispariţia pericolului pentru viaţa şi sănătatea victimei în urma aplicării măsurilor de protecţie. (3) Secţiile/direcţiile de asistenţă socială şi de protecţie a familiei, prin intermediul specialistului responsabil de domeniul prevenirii şi combaterii violenţei în familie: a) conlucrează cu organele afacerilor interne în activitatea de identificare a persoanelor predispuse la comi- terea actelor de violenţă în familie; b) actualizează baza de date, la nivel teritorial, ce vizează fenomenul violenţei în familie; c) plasează, după caz, victima în centrul de reabilitare, oferindu-i asistenţa corespunzătoare; d) desfăşoară activitate de consiliere psihologică şi psihosocială a victimelor, în vederea lichidării consecin- ţelor actelor de violenţă în familie, prin mijloace proprii sau redirecţionînd cazul către specialişti din centrele de reabilitare; e) înlesnesc, la solicitarea organelor de drept, accesul agresorului la programele de reabilitare; f) apără drepturile şi interesele legitime ale victimelor, inclusiv ale victimelor minore; g) realizează, în comun cu alte autorităţi abilitate şi în colaborare cu organizaţiile neguvernamentale din domeniu, programe informaţionale în vederea prevenirii violenţei în familie;
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h) determină necesitatea creării de centre/servicii de reabilitare a victimelor şi a agresorilor, asigură acestor centre/servicii sprijin metodologic şi informaţional; i) monitorizează şi coordonează activităţile profesionale ale asistenţilor sociali din cadrul primăriilor de prevenire a violenţei în familie, de sprijinire/ consiliere a victimelor şi de resocializare a agresorilor; j) prezintă Ministerului Muncii, Protecţiei Sociale şi Familiei rapoarte semestriale despre activităţile desfă- şurate în teritoriu de secţii/direcţii, asistenţi sociali conform parteneriatelor stabilite; k) monitorizează victimele şi le acordă asistenţă după ce au părăsit centrele de reabilitare. (4) Direcţiile generale de învăţămînt, tineret şi sport: a) asigură informarea şi instruirea cadrelor didactice în vederea calificării actelor de violenţă în familie, aplicării metodelor şi mijloacelor de prevenire a unor astfel de acte şi de sesizare a autorităţilor abilitate; b) realizează, în comun cu alte autorităţi abilitate şi în colaborare cu organizaţiile neguvernamentale din domeniu, programe educaţionale pentru părinţi şi copii în vederea prevenirii şi combaterii violenţei în familie; c) asigură desfăşurarea activităţilor de consiliere în vederea reabilitării psihologice şi psihosociale a copiilor victime ale violenţei în familie; d) comunică autorităţilor abilitate, prin intermediul cadrelor didactice, sesizînd de îndată în mod obligato- riu autoritatea tutelară şi poliţia, cazurile de violenţă în familie, inclusiv cazurile de violenţă în familie împotriva copiilor. (5) Instituţiile medicale de toate tipurile şi nivelurile: a) organizează campanii de informare; b) comunică poliţiei şi autorităţii tutelare, prin intermediul cadrelor medicale, cazurile de violenţă în familie; c) asigură consiliere şi asistenţă medicală victimelor; d) iniţiază şi realizează programe şi servicii adresate agresorilor; asigură realizarea programelor de dezalco- olizare, dezintoxicare, de tratament psihoterapeutic, după caz, cu suportul cheltuielilor din mijloacele abuzato- rului sau, după caz, din fondurile asigurării obligatorii de asistenţă medicală; e) iniţiază parteneriate durabile cu toate programele care vizează sănătatea mamei şi a copilului; f) încheie contracte de prestare a serviciilor medicale cu centrele/serviciile de reabilitare a victimelor şi agresorilor. (6) Organele afacerilor interne, la nivel de structură specializată: a) identifică, înregistrează şi raportează cazurile de violenţă în familie; b) asigură evidenţa nominală a agresorilor; c) sesizează, în cazul copiilor victime ale violenţei în familie, autorităţile tutelare; d) examinează cererile şi sesizările parvenite din partea cetăţenilor, instituţiilor medicale, centrelor medi- co-legale şi a altor instituţii referitor la conflicte familiale, la acte de violenţă, la ameninţări cu moartea sau la existenţa unui pericol iminent de realizare a lor; e) vizitează familiile ai căror membri sînt luaţi la evidenţă, efectuează lucrul de prevenire a comiterii repetate a actelor de violenţă în familie; f) efectuează, în situaţii de criză, reţinerea administrativă a agresorului, în funcţie de gravitatea cazului; g) se adresează către autorităţi judecătoreşti pentru obţinerea ordonanţei de protecţie în situaţie de criză în baza cererii depuse de victimă sau a sesizării de caz; asigură executarea ordonanţei de protecţie; h) în cazul comiterii actului de violenţă în familie, explică victimei drepturile ei, iar la cererea acesteia, îi acordă ajutor spre a fi plasată în centrul de reabilitare; i) informează victima despre dreptul ei de a beneficia de asistenţă juridică gratuită; j) asigură agresorilor, inclusiv celor aflaţi în arest administrativ, accesul la serviciile de reabilitare; k) asigură securitatea, paza şi ordinea publică în centrele de reabilitare a victimelor; l) monitorizează şi instrumentează, în comun cu asistenţii sociali, cazurile de violenţă în familie din terito- riul deservit, actualizează baza de date cu informaţii din domeniu; m) conlucrează cu autorităţile abilitate în domeniu, cu societatea civilă în vederea prevenirii şi combaterii violenţei în familie. [Art.8 completat prin Legea nr.167 din 09.07.2010, în vigoare 03.09.2010]
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Articolul 9. Competenţele Departamentului Instituţiilor Penitenciare De competenţa Departamentului Instituţiilor Penitenciare ţin: a) organizarea de servicii şi programe de reabilitare şi resocializare a agresorilor în penitenciare; b) conlucrarea cu alte autorităţi abilitate în domeniu.
Articolul 10. Competenţele centrelor/serviciilor de reabilitare a victimelor şi agresorilor (1) Centrul de reabilitare a victimelor violenţei în familie, denumit în continuare – centru, este instituţie specializată care oferă cazare, hrană, asistenţă juridică, socială, psihologică şi medicală de urgenţă, pază şi protecţie, precum şi asistenţă pentru contactarea rudelor. (2) Centrele pot fi create: a) de Guvern, la propunerea Ministerului Muncii, Protecţiei Sociale şi Familiei; b) de autorităţile administraţiei publice locale, la propunerea comisiei pentru probleme sociale; c) de organizaţiile internaţionale şi organizaţiile neguvernamentale, cu informarea Ministerului Muncii, Protecţiei Sociale şi Familiei; d) de autorităţile administraţiei publice şi organizaţiile neguvernamentale sau private, în baza unui acord de activitate comună. (3) Centrul: a) asigură protecţie şi cazare victimelor pînă la rezolvarea situaţiei familiale, dar nu mai mult de 3 luni; b) acordă asistenţă psihologică, pedagogică, socială şi juridică, îngrijire medicală membrilor de familie care sînt sau care pot fi victime; c) efectuează, în caz de urgenţă, atunci cînd izolarea de agresor se impune ca o măsură de protecţie, plasa- mentul victimei, la cererea ei, iar al copilului, cu acordul reprezentantului legal sau al autorităţii tutelare; d) interzice agresorului accesul în incintă; e) anunţă organele de resort despre săvîrşirea actelor de violenţă în familie; f) studiază şi generalizează cauzele şi condiţiile producerii actelor de violenţă în familie. (4) Fondatorii aprobă regulamentul de organizare şi funcţionare a centrului, elaborat în baza unui regula- ment-cadru, aprobat prin hotărîre de Guvern. (5) Cheltuielile aferente activităţii centrului se suportă de la bugetul comun al fondatorilor. (6) Organizarea şi funcţionarea centrului pot fi susţinute material şi financiar şi de agenţi economici şi întreprinzători în condiţiile Legii cu privire la filantropie şi sponsorizare. (7) Pentru asigurarea securităţii localurilor în care sînt cazate victimele, centrul beneficiază de asistenţa gratuită a poliţiei. (8) Serviciul de reabilitare a agresorilor: a) oferă programe specializate de dezalcoolizare, dezintoxicare, tratament psihoterapeutic; b) acordă asistenţă psihologică, socială agresorului, realizează programe corecţionale; c) colaborează cu autorităţile teritoriale specializate în vederea promovării unui mod sănătos de viaţă, pre- venirii şi tratării alcoolismului, narcomaniei, infecţiilor sexual transmisibile etc.; d) colaborează cu instituţii, întreprinderi, organizaţii neguvernamentale pentru organizarea de cursuri de instruire şi recalificare a agresorilor, pentru plasarea lor în cîmpul muncii; e) informează autorităţile abilitate despre ridicarea măsurii de protecţie şi de reintegrare în familie a agresorului; f) studiază şi generalizează cauzele şi condiţiile producerii actelor de violenţă în familie. (9) Guvernul stabileşte şi monitorizează standardele de funcţionare a centrelor/serviciilor de reabilitare a victimelor şi agresorilor.
Capitolul III MECANISMUL DE SOLUŢIONARE A ACTELOR DE VIOLENŢĂ ÎN FAMILIE
Articolul 11. Dreptul la protecţie al victimei (1) Victimei i se garantează apărarea drepturilor şi intereselor legitime.
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(2) Persoanele cu funcţie de răspundere, alte persoane care cunosc existenţa unui pericol pentru viaţa şi sănătatea unei potenţiale victime trebuie să comunice acest fapt autorităţilor abilitate cu funcţii de prevenire şi combatere a violenţei în familie. (21) Victima are dreptul la asistenţă pentru recuperare fizică, psihologică şi socială prin acţiuni speciale medicale, psihologice, juridice şi sociale. Acordarea serviciilor de protecţie şi asistenţă nu este condiţionată de dorinţa victimei de a face declaraţii şi a participa la procese de urmărire în justiţie a agresorului. Dreptul la viaţa privată şi confidenţialitatea informaţiei privind victima sînt garantate. (3) Autorităţile abilitate cu funcţii de prevenire şi combatere a violenţei în familie sînt obligate să reacţioneze prompt la orice sesizare şi să informeze victimele despre drepturile lor, despre autorităţile şi instituţiile cu func- ţii de prevenire şi combatere a violenţei în familie; despre tipul serviciilor şi organizaţiile la care se pot adresa după ajutor; despre asistenţa disponibilă pentru ele; unde şi cum pot depune o plîngere; despre procedura ce urmează după depunerea plîngerii şi rolul lor după asemenea proceduri; cum pot obţine protecţie; în ce măsură şi în ce condiţii au acces la consultanţă sau asistenţă juridică; dacă există un pericol pentru viaţa sau sănătatea lor în cazul eliberării unei persoane reţinute sau condamnate; dacă a fost anulată ordonanţa de protecţie. (4) Cazurile de violenţă în familie pot fi supuse medierii, la cererea părţilor. Medierea se efectuează de către mediatori atestaţi, iar în lipsa acestora, de către comisiile pentru probleme sociale, cu participarea, după caz, a asistentului social. (5) Victima are dreptul la asistenţă juridică primară şi calificată gratuită conform legislaţiei cu privire la asistenţa juridică garantată de stat. (6) Victimei i se acordă asistenţă medicală de instituţiile medico-sanitare în conformitate cu Legea cu privi- re la asigurarea obligatorie de asistenţă medicală. (7) Viaţa privată şi identitatea victimei sînt protejate. Înregistrarea, păstrarea şi utilizarea datelor cu caracter personal privind victima se efectuează în conformitate cu prevederile Legii cu privire la protecţia datelor cu caracter personal. [Art.11 modificat prin Legea nr.167 din 09.07.2010, în vigoare 03.09.2010]
Articolul 12. Persoanele care pot depune cerere despre comiterea actelor de violenţă în familie Persoanele care pot depune cerere despre comiterea actelor de violenţă în familie sînt: a) victima; b) în situaţie de criză, membrii de familie; c) persoanele cu funcţie de răspundere şi profesioniştii care vin în contact cu familia; d) autoritatea tutelară; e) alte persoane care deţin informaţii despre pericolul iminent de săvîrşire a unor acte de violenţă sau despre săvîrşirea lor.
Articolul 13. Depunerea cererii (1) Cererea despre comiterea actelor de violenţă în familie se depune: a) la organul afacerilor interne; b) în instanţă de judecată; c) la organul de asistenţă socială şi de protecţie a familiei şi copilului; d) la autoritatea administraţiei publice locale. (2) Cererea se depune la locul: a) de domiciliere al victimei; b) temporar de reşedinţă al victimei dacă aceasta a părăsit domiciliul pentru a evita continuarea violenţei directe; c) de reşedinţă al agresorului; d) în care victima a căutat asistenţă; e) în care a avut loc actul de violenţă. (3) Pentru depunerea în instanţă de judecată a cererii despre comiterea actelor de violenţă în familie nu se plăteşte taxă de stat.
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Articolul 14. Modalitatea examinării cererii (1) Cererea depusă în organul afacerilor interne se examinează conform procedurii prevăzute de legislaţia în vigoare. (2) Cererea depusă în instanţă de judecată se examinează conform Codului de procedură civilă, Codului de procedură penală. (3) Cererea depusă în orice autoritate abilitată cu funcţii de prevenire şi combatere a violenţei în familie este readresată conform competenţei în decursul unei zile lucrătoare.
Articolul 15. Măsurile de protecţie (1) Instanţa de judecată emite, în 24 de ore de la primirea cererii, o ordonanţă de protecţie, prin care poate oferi asistenţă victimei, aplicînd agresorului următoarele măsuri: a) obligarea de a părăsi temporar locuinţa comună ori de a sta departe de locuinţa victimei, fără a decide asupra modului de proprietate asupra bunurilor; b) obligarea de a sta departe de locul aflării victimei; c) obligarea de a nu contacta victima, copiii acesteia, alte persoane dependente de ea; d) interzicerea de a vizita locul de muncă şi de trai al victimei; e) obligarea, pînă la soluţionarea cazului, de a contribui la întreţinerea copiilor pe care îi are în comun cu victima; f) obligarea de a plăti cheltuielile şi daunele cauzate prin actele sale de violenţă, inclusiv cheltuielile medicale şi cele de înlocuire sau reparare a bunurilor distruse sau deteriorate; g) limitarea dispunerii unilaterale de bunurile comune; h) obligarea de a participa la un program special de tratament sau de consiliere dacă o asemenea acţiune este determinată de instanţa de judecată ca fiind necesară pentru reducerea violenţei sau dispariţia ei; i) stabilirea unui regim temporar de vizitare a copiilor săi minori; j) interzicerea de a păstra şi purta armă. (2) Responsabilitatea de informare a agresorului despre ordonanţa de protecţie şi de aplicare a acesteia revi- ne inspectorului de sector în conlucrare cu asistentul social. (3) Măsurile de protecţie prevăzute la alin.(1) se aplică pe un termen de pînă la 3 luni, pot fi retrase odată cu dispariţia pericolului care a condiţionat luarea acestor măsuri şi pot fi prelungite în cazul unei cereri repetate sau al nerespectării condiţiilor prevăzute în ordonanţa de protecţie. (4) Aplicarea măsurilor de protecţie nu împiedică iniţierea procedurii de divorţ, partajării averii comu- ne, decăderii din drepturile părinteşti, luării copilului fără decădere din drepturile părinteşti şi altor acţiuni prevăzute de legislaţia în vigoare. (5) Supravegherea îndeplinirii măsurilor de protecţie stabilite de instanţă ţine de competenţa organelor afacerilor interne, organelor de asistenţă socială şi altor organe, după caz. (6) Instanţa de judecată poate retrage măsurile de protecţie la cererea întemeiată a victimei. În cazul victi- melor copii şi persoane aflate în stare de neputinţă, examinarea de către instanţă a cazului este obligatorie. (7) Contestarea ordonanţei de protecţie se face în conformitate cu legislaţia în vigoare.
Articolul 16. Finanţarea (1) Activităţile de implementare a prezentei legi se finanţează de la bugetul de stat, de la bugetele unităţilor administrativ-teritoriale, în limita mijloacelor financiare stabilite anual, din alte surse neinterzise de lege. (2) Finanţarea centrelor/serviciilor de reabilitare a victimelor şi agresorilor se efectuează din alocaţiile pre- văzute la bugetul unităţilor administrativ-teritoriale, din donaţii, granturi, din alte surse, conform legislaţiei în vigoare.
Articolul 17. Sancţiuni (1) Nerespectarea de către agresor a prevederilor art.15 alin.(1) se pedepseşte în conformitate cu legislaţia în vigoare.
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(2) În caz de comitere a unor acte de violenţă în familie ce conţin elementele constitutive ale unei contra- venţii administrative sau ale unei infracţiuni, se aplică legislaţia în vigoare, indiferent de stabilirea măsurilor de protecţie. (3) Nerespectarea prezentei legi de către persoanele cu funcţie de răspundere şi profesioniştii în domeniu este o încălcare a disciplinei muncii şi atrage răspundere disciplinară în conformitate cu legislaţia.
Capitolul IV DISPOZIŢII FINALE Articolul 18. (1) Prezenta lege intră în vigoare la expirarea a 6 luni din data publicării. (2) Guvernul, în termen de 3 luni: a) va prezenta Parlamentului propuneri pentru aducerea legislaţiei în vigoare în concordanţă cu prezenta lege; b) va aduce actele sale normative în conformitate cu prezenta lege.
PREŞEDINTELE PARLAMENTULUI Marian LUPU Chişinău, 1 martie 2007. Nr.45-XVI.
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10. LEGE privind prevenirea şi combaterea traficului de fiinţe umane nr. 241-XVI din 20.10.2005 Monitorul Oficial al R.Moldova nr.164-167/812 din 09.12.2005
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CUPRINS
Capitolul I DISPOZIŢII GENERALE Articolul 1. Obiectul de reglementare Articolul 2. Noţiuni principale Articolul 3. Cadrul juridic Articolul 4. Principiile de bază ale combaterii traficului de fiinţe umane Articolul 5. Nediscriminarea
Capitolul II CADRUL INSTITUŢIONAL. PREVENIREA ŞI COMBATEREA TRAFICULUI DE FIINŢE UMANE Articolul 6. Autorităţile competente în prevenirea şi combaterea traficului de fiinţe umane Articolul 7. Planul naţional de prevenire şi combatere a traficului de fiinţe umane Articolul 8. Comitetul naţional pentru combaterea traficului de fiinţe umane Articolul 9. Comisiile teritoriale pentru combaterea traficului de fiinţe umane Articolul 10. Atribuţiile autorităţilor administraţiei publice în domeniul prevenirii şi combaterii traficului de fiinţe umane Articolul 11. Atribuţiile organelor de drept în domeniul prevenirii şi combaterii traficului de fiinţe umane Articolul 12. Activitatea organizaţiilor neguvernamentale în domeniul prevenirii şi combaterii traficului de fiinţe umane Articolul 13. Prevederi speciale în domeniul transportului internaţional Articolul 14. Pregătirea profesională şi instruirea cadrelor
Capitolul III PROTECŢIA ŞI ASISTENŢA VICTIMELOR TRAFICULUI DE FIINŢE UMANE Articolul 15. Identificarea victimelor traficului de fiinţe umane Articolul 16. Reabilitarea socială a victimelor traficului de fiinţe umane Articolul 17. Centrele de asistenţă şi protecţie a victimelor traficului de fiinţe umane Articolul 18. Integrarea profesională a victimelor traficului de fiinţe umane Articolul 19. Repatrierea victimelor traficului de fiinţe umane Articolul 20. Protecţia şi asistenţa victimelor traficului de fiinţe umane Articolul 21. Confidenţialitatea vieţii private a victimei traficului de fiinţe umane Articolul 22. Atribuţiile misiunilor diplomatice şi ale oficiilor consulare ale Republicii Moldova în acordarea de protecţie şi asistenţă victimelor traficului de fiinţe umane Articolul 23. Garanţiile de stat acordate victimelor traficului de fiinţe umane
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Articolul 24. Protecţia şi asistenţa cetăţenilor străini şi apatrizilor victime ale traficului de fiinţe umane
Capitolul IV PREVENIREA ŞI COMBATEREA TRAFICULUI DE COPII. PROTECŢIA ŞI ASISTENŢA COPIILOR VICTIME ALE TRAFICULUI DE FIINŢE UMANE Articolul 25. Prevenirea şi combaterea traficului de copii Articolul 26. Principiile speciale de combatere a traficului de copii Articolul 27. Prezumţia de vîrstă Articolul 28. Repatrierea copilului victimă a traficului de fiinţe umane Articolul 29. Acordarea de protecţie şi asistenţă copiilor victime ale traficului de fiinţe umane
Capitolul V RĂSPUNDEREA PENTRU TRAFICUL DE FIINŢE UMANE Articolul 30. Răspunderea pentru traficul de fiinţe umane Articolul 31. Răspunderea persoanei juridice pentru traficul de fiinţe umane Articolul 32. Absolvirea victimei traficului de fiinţe umane de răspundere pentru infracţiunile săvîrşite în legătură cu acest statut
Capitolul VI COOPERAREA INTERNAŢIONALĂ Articolul 33. Cooperarea internaţională Articolul 34. Ofiţerii de legătură
Capitolul VII DISPOZIŢII FINALE ŞI TRANZITORII Articolul 35 Îndatoririle Guvernului Parlamentul adoptă prezenta lege organică.
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Capitolul I DISPOZIŢII GENERALE Articolul 1. Obiectul de reglementare Prezenta lege reglementează raporturile juridice privind: a) prevenirea şi combaterea traficului de fiinţe umane; b) cadrul de asistenţă la prevenirea şi combaterea traficului de fiinţe umane, la protecţia şi acordarea de ajutor victimelor acestui trafic; c) colaborarea autorităţilor administraţiei publice cu organizaţiile neguvernamentale şi cu alţi reprezentanţi ai societăţii civile în activitatea de prevenire şi combatere a traficului de fiinţe umane; d) cooperarea cu alte state şi cu organizaţii internaţionale şi regionale competente în domeniu.
Articolul 2. Noţiuni principale În sensul prezentei legi, se utilizează următoarele noţiuni principale: 1) trafic de fiinţe umane - recrutarea, transportarea, transferul, adăpostirea sau primirea de persoane, prin ameninţare cu forţa sau prin folosirea forţei ori a unor alte mijloace de constrîngere, prin răpire, fraudă, înşe- lăciune, abuz de putere sau de situaţie de vulnerabilitate ori prin darea sau primirea de bani ori de beneficii de orice gen pentru a obţine consimţămîntul unei persoane care deţine controlul asupra unei alte persoane, în scopul exploatării acesteia; 2) trafic de copii - recrutarea, transportarea, transferul, adăpostirea sau primirea unui copil în scop de ex- ploatare, chiar dacă aceste acţiuni nu se realizează cu aplicarea vreunuia din mijloacele specificate la pct.1); 3) exploatare a persoanei - abuz faţă de persoană pentru a obţine un profit, şi anume: a) obligarea de a executa anumite munci sau de a presta servicii prin recurgere la forţă, ameninţări sau prin alte mijloace de constrîngere, contrar prevederilor legale privind condiţiile de muncă, salarizare, sănătate şi securitate; b) ţinerea în sclavie, aplicarea anumitor practici similare sclaviei sau recurgerea la alte procedee pentru privarea de libertate; c) obligarea la practicarea prostituţiei, la participarea la reprezentări pornografice în vederea producerii, difuzării şi punerii în circulaţie a acestora pe orice cale, achiziţionării, comercializării sau posedării de materiale pornografice, practicarea unor alte forme de exploatare sexuală; d) obligarea la prelevarea de organe sau ţesuturi pentru transplant ori prelevarea de alte părţi componente ale corpului uman; e) folosirea femeii în calitate de mamă-surogat ori în scop de reproducere; f) abuzarea de drepturile copilului în scop de adopţie ilegală; g) folosirea în conflicte armate sau în formaţiuni militare ilegale; h) folosirea în activităţi criminale; i) obligarea de a practica cerşetoria; j) vînzarea către o altă persoană; k) obligarea de a desfăşura activităţi prin care se încalcă drepturile şi libertăţile fundamentale ale omului. Consimţămîntul victimei traficului de fiinţe umane la exploatări intenţionate, consemnate în punctul 3), nu este relevant atunci cînd se aplică orice mijloc de constrîngere din cele specificate la pct.1); 4) copil - persoană care nu a atins vîrsta de 18 ani; 5) document - paşaport sau buletin de identitate, orice fel de documente de călătorie ale persoanei supuse exploatării; 6) confiscare a documentelor - deposedare sub orice formă a persoanei supuse exploatării de documentele prevăzute la pct.5); 7) ţinere în servitute pentru achitarea datoriei - privare a persoanei de libertate, inclusiv de libertatea de mişcare, reţinerea ca ostatic pînă cînd ea sau un terţ va achita datoria stabilită legal sau ilegal; 8) sclavie - stare sau condiţie a persoanei asupra căreia se exercită unul sau mai multe drepturi ce derivă din dreptul de proprietate; 9) practici similare sclaviei - stare a persoanei ţinute sau puse în situaţia în care o altă persoană are stăpînire asupra ei sau o impune, prin înşelăciune, prin ameninţare cu forţa, prin violenţă sau prin alte mijloace de
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constrîngere, să presteze anumite servicii, inclusiv să se angajeze ori să rămînă în raport de concubinaj sau de căsătorie; 10) stare de vulnerabilitate - stare specială în care se află persoana astfel încît este dispusă să se supună abu- zului sau exploatării, în special din cauza: a) situaţiei precare din punctul de vedere al supravieţuirii sociale; b) situaţiei condiţionate de vîrstă, sarcină, boală, infirmitate, deficienţă fizică sau mintală; c) situaţiei precare şi ilegale de intrare sau de şedere în ţara de tranzit sau de destinaţie; 11) victimă a traficului de fiinţe umane - persoană fizică prezumată sau constatată ca fiind supusă acţiunilor de trafic consemnate la pct.1) şi 2); 12) traficant de fiinţe umane - persoană care participă la organizarea şi desfăşurarea activităţilor de trafic de fiinţe umane; 13) identificare a victimelor traficului de fiinţe umane - proces de verificare a persoanelor care se prezumă a fi victime ale traficului de fiinţe umane.
Articolul 3. Cadrul juridic Cadrul juridic al activităţii de prevenire şi combatere a traficului de fiinţe umane şi de protecţie a victimelor traficului îl formează Constituţia Republicii Moldova, tratatele internaţionale la care Republica Moldova este parte, prezenta lege, alte acte normative care reglementează relaţiile în domeniu.
Articolul 4. Principiile de bază ale combaterii traficului de fiinţe umane Combaterea traficului de fiinţe umane se efectuează în baza următoarelor principii: a) respectarea drepturilor şi libertăţilor fundamentale ale omului; b) declararea traficului de fiinţe umane ca fiind o infracţiune ce atentează la drepturile fundamentale ale omului, la demnitatea, libertatea şi integritatea fiinţei umane; c) inevitabilitatea pedepsei pentru traficanţii de fiinţe umane; d) legalitatea; e) accesul liber la justiţie; f) siguranţa victimelor traficului de fiinţe umane, atitudinea echitabilă faţă de ele; g) utilizarea complexă a măsurilor de profilaxie: juridice, politice, social-economice şi informaţionale; h) parteneriatul social, colaborarea autorităţilor administraţiei publice cu organizaţii internaţionale, organi- zaţii neguvernamentale, cu alţi reprezentanţi ai societăţii civile; i) proporţionalitatea între respectarea drepturilor fundamentale ale victimelor traficului de fiinţe umane şi condiţiile de urmărire penală, astfel încît să nu fie aduse prejudicii drepturilor părţii apărării; j) abordarea egală a tuturor formelor şi tipurilor de trafic naţional sau transnaţional de fiinţe umane, legat sau nu de crima organizată etc.; k) colaborarea cu autorităţile administraţiei publice şi cu organizaţiile competente ale altor state, cu organi- zaţii internaţionale în vederea realizării obiectivelor de combatere a traficului de fiinţe umane.
Articolul 5. Nediscriminarea Executarea prevederilor prezentei legi, în special a măsurilor de protecţie a drepturilor victimelor traficului de fiinţe umane, este asigurată fără nici o discriminare pe vreun criteriu, cum ar fi: sexul, rasa, limba, religia, opi- nia politică sau de altă natură, originea socială sau naţională, cetăţenia, apartenenţa la o minoritate etnică etc.
Capitolul II CADRUL INSTITUŢIONAL. PREVENIREA ŞI COMBATEREA TRAFICULUI DE FIINŢE UMANE Articolul 6. Autorităţile competente în prevenirea şi combaterea traficului de fiinţe umane (1) Pentru eficientizarea activităţii de prevenire şi combatere a traficului de fiinţe umane, în special de femei şi copii, autorităţile administraţiei publice menţionate în prezentul capitol, organizaţiile neguvernamentale şi alţi reprezentanţi ai societăţii civile desfăşoară, separat sau în comun, o astfel de activitate.
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(2) În cadrul activităţilor de prevenire şi combatere a traficului de fiinţe umane, autorităţile administraţiei publice menţionate în prezentul capitol colaborează între ele prin schimb de informaţii, de experţi, prin activi- tăţi comune de cercetare şi identificare a victimelor, de instruire a personalului, prin realizarea unor iniţiative social-economice, precum şi prin alte activităţi în domeniu. (3) Organizaţiile neguvernamentale şi organismele internaţionale cu atribuţii în domeniu care au reprezen- tanţe în Republica Moldova beneficiază de acces liber la crearea cadrului instituţional, la activitatea de preveni- re şi combatere a traficului de fiinţe umane.
Articolul 7. Planul naţional de prevenire şi combatere a traficului de fiinţe umane (1) Pentru prevenirea şi combaterea traficului de fiinţe umane şi protecţia victimelor acestui trafic, Guvernul aprobă Planul naţional de prevenire şi combatere a traficului de fiinţe umane (în continuare - Plan naţional). (2) Planul naţional se aprobă periodic pentru un termen de 2 ani. El prevede implementarea unor acţiuni complexe şi realizarea de iniţiative social-economice orientate spre prevenirea şi combaterea traficului de fiinţe umane, precum şi spre protecţia victimelor unui astfel de trafic, inclusiv colaborarea cu organizaţiile internaţi- onale, organizaţiile neguvernamentale, cu alte instituţii şi reprezentanţi ai societăţii civile. (3) Autorităţile administraţiei publice centrale şi locale cu atribuţii în domeniul prevenirii şi combaterii traficului de fiinţe umane adoptă planuri de acţiuni proprii pentru realizarea Planului naţional în domeniile lor de activitate.
Articolul 8. Comitetul naţional pentru combaterea traficului de fiinţe umane (1) Coordonarea activităţii de prevenire şi combatere a traficului de fiinţe umane, de cooperare a autorită- ţilor administraţiei publice cu organizaţii internaţionale, organizaţii neguvernamentale, cu alte instituţii şi cu reprezentanţi ai societăţii civile se realizează de către Comitetul naţional pentru combaterea traficului de fiinţe umane (în continuare - Comitet naţional). (2) Comitetul naţional este un organ consultativ al Guvernului. (3) Componenţa nominală a Comitetului naţional şi Regulamentul lui se aprobă prin hotărîre de Guvern. Procedura de numire şi revocare a membrilor Comitetului naţional este reglementată de Regulamentul Comi- tetului naţional. (4) Comitetul naţional are următoarele atribuţii: a) prezintă Guvernului propuneri privind bazele politicii de stat în domeniul prevenirii şi combaterii trafi- cului de fiinţe umane şi recomandări orientate spre perfecţionarea activităţii de depistare şi lichidare a cauzelor şi condiţiilor care contribuie la apariţia traficului de fiinţe umane şi la activităţile de trafic de fiinţe umane; b) controlează realizarea Planului naţional şi executarea legislaţiei de prevenire şi combatere a traficului de fiinţe umane de către organizaţiile şi instituţiile de stat, prezintă Guvernului informaţie despre modul de reali- zare a Planului naţional; c) colectează şi analizează informaţii despre dimensiunile, starea şi tendinţele traficului de fiinţe umane la nivel naţional; d) înaintează propuneri de perfecţionare a legislaţiei de prevenire şi combatere a traficului de fiinţe umane şi de protecţie a victimelor acestui trafic; e) organizează campanii de informare a populaţiei despre problemele traficului de fiinţe umane şi pericolul social al acestui fenomen; f) coordonează activitatea comisiilor teritoriale pentru combaterea traficului de fiinţe umane şi a instituţi- ilor specializate privitor la realizarea Planului naţional şi la îndeplinirea acţiunilor de prevenire şi combatere a traficului de fiinţe umane; g) evaluează şi monitorizează periodic procesul de realizare a Planului naţional, informează Guvernul şi societatea civilă despre rezultatele obţinute. (5) În componenţa Comitetului naţional se includ reprezentanţi ai autorităţilor administraţiei publice, in- clusiv ai organelor de drept şi organizaţiilor care desfăşoară activităţi de prevenire şi combatere a traficului de fiinţe umane. (6) Reprezentanţii organizaţiilor neguvernamentale şi cei ai organizaţiilor internaţionale care au reprezentanţe în Republica Moldova şi care desfăşoară activităţi de combatere a traficului de fiinţe umane şi de acordare a asis- tenţei victimelor acestui trafic pot participa la şedinţele Comitetului naţional cu drept de vot consultativ, urmînd să fie incluşi în componenţa acestuia şi a comisiilor teritoriale pentru combaterea traficului de fiinţe umane.
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(7) Activitatea organizatorică a Comitetului naţional este asigurată de un secretar, desemnat de preşedintele acestuia. (8) Comitetul naţional prezintă Guvernului periodic, dar nu mai rar de o dată în an, pînă la 1 februarie, şi la solicitare, raport despre activitatea sa. Autorităţile administraţiei publice centrale pot solicita Comitetului naţional informaţii despre respectarea legislaţiei de prevenire şi combatere a traficului de fiinţe umane la orice altă dată.
Articolul 9. Comisiile teritoriale pentru combaterea traficului de fiinţe umane (1) Pentru coordonarea activităţii de prevenire şi combatere a traficului de fiinţe umane, în raioane, muni- cipii şi în unitatea teritorială autonomă Găgăuzia, pe lîngă organele executive ale autorităţilor reprezentative respective, se creează comisii teritoriale pentru combaterea traficului de fiinţe umane. În municipiul Chişinău, astfel de comisii se creează şi în sectoare. (2) Comisiile teritoriale pentru combaterea traficului de fiinţe umane au următoarele atribuţii: a) organizează şi coordonează activitatea de prevenire şi combatere a traficului de fiinţe umane, de protecţie şi asistenţă a victimelor acestui trafic, de colaborare între autorităţile administraţiei publice locale, organele de drept, organizaţiile neguvernamentale şi alţi reprezentanţi ai societăţii civile care activează în teritoriu; b) întreprind la nivel local acţiunile stipulate în Planul naţional; c) evaluează şi monitorizează periodic activităţile de prevenire şi combatere a traficului de fiinţe umane în teritoriu, exercitate de organele statale, informînd autorităţile reprezentative respective, Comitetul naţional şi înaintînd propuneri privind eficientizarea acestor activităţi; d) acordă asistenţă la elaborarea programelor de cercetare, analiză şi colectare a datelor statistice privind traficul de fiinţe umane; e) implementează programe de instruire privind prevenirea şi combaterea traficului de fiinţe umane pentru persoanele vulnerabile şi pentru funcţionarii antrenaţi în aceste activităţi. (3) Regulamentul comisiilor teritoriale de combatere a traficului de fiinţe umane se aprobă de către consi- liile raionale, municipale, de Adunarea Populară a unităţii teritoriale autonome Găgăuzia în baza unui regula- ment-cadru, aprobat prin hotărîre de Guvern. (4) Comisia teritorială prezintă periodic autorităţii reprezentative respective şi Comitetului naţional raport de activitate, dar nu mai rar decît o dată în an, către 15 ianuarie.
Articolul 10. Atribuţiile autorităţilor administraţiei publice în domeniul prevenirii şi combaterii traficului de fiinţe umane (1) În conformitate cu atribuţiile ce le revin: 1) Ministerul Afacerilor Interne, Ministerul Afacerilor Externe şi Integrării Europene, Serviciul de Informaţii şi Securitate întocmesc lista ţărilor care reprezintă un risc sporit din punctul de vedere al traficului de fiinţe umane, listă care se aduce la cunoştinţă organelor interesate; 2) Ministerul Afacerilor Externe şi Integrării Europene, Serviciul de Informaţii şi Securitate, Ministerul Afacerilor Interne, Serviciul Grăniceri întreprind acţiunile necesare pentru interzicerea accesului pe teritoriul Republicii Moldova al cetăţenilor străini şi al apatrizilor dacă dispun de informaţii veridice că aceştia sînt traficanţi de fiinţe umane; 3) Serviciul Grăniceri întreprinde acţiuni de prevenire şi combatere a traficului de fiinţe umane prin pre- venirea, depistarea şi curmarea tentativelor de trecere a frontierei de stat de către traficanţii de fiinţe umane, precum şi de trecere a frontierei de stat de către victimele traficului de fiinţe umane cu încălcarea legislaţiei în vigoare; 4) Ministerul Muncii, Protecţiei Sociale şi Familiei: a) cu concursul Agenţiei Naţionale pentru Ocuparea Forţei de Muncă, desfăşoară activităţi de informare despre situaţia de pe piaţa forţei de muncă, de pregătire profesională, de stimulare a ocupării forţei de muncă, prin prestarea serviciilor de mediere a muncii, de informare şi consiliere profesională, de orientare şi formare profesională, precum şi de consultanţă şi asistenţă în iniţierea într-o activitate de întreprinzător; b) prin intermediul organelor de asistenţă socială, asigură victimelor traficului de fiinţe umane informaţii şi consiliere, acordîndu-le facilităţile prevăzute de lege pentru persoanele marginalizate social; 41) Ministerul Sănătăţii elaborează programe de acordare a asistenţei medicale, inclusiv psihiatrice, stabileşte instituţiile medicale care vor acorda această asistenţă victimelor traficului de fiinţe umane;
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5) Ministerul Educaţiei elaborează şi desfăşoară, în comun cu celelalte ministere interesate, cu autorităţile administraţiei publice locale şi cu organizaţiile neguvernamentale avînd atribuţii în domeniu, programe educa- tive şi de instruire pentru pedagogi, părinţi şi copii, pentru grupurile de risc, orientate spre lichidarea cauzelor şi condiţiilor care favorizează traficul de fiinţe umane, în special de femei şi copii; 6) Ministerul Afacerilor Interne eliberează, în conformitate cu legislaţia în vigoare, adeverinţe de imigrant pe un anumit termen cetăţenilor străini sau apatrizilor victime ale traficului de fiinţe umane; 7) Ministerul Afacerilor Externe şi Integrării Europene contribuie la prevenirea şi combaterea traficului de fiinţe umane, în special prin organizarea şi participarea la negocieri în vederea încheierii tratatelor cu alte state şi cu organisme internaţionale în domeniul traficului de fiinţe umane, precum şi prin acordarea de protecţie şi asistenţă persoanelor traficate, aflate peste hotare, în limitele prevăzute de dreptul internaţional; 8) Ministerul Tehnologiilor Informaţionale şi Comunicaţiilor asigură identificarea victimelor traficului de fi- inţe umane şi eliberează permise de şedere sau, după caz, buletine de identitate victimelor traficului de fiinţe uma- ne cetăţeni străini sau apatrizi, în cazul în care şederea acestora este necesară în legătură cu situaţia lor personală sau cu participarea lor la procedura penală de tragere a traficantului la răspundere, în condiţiile art.24 alin.(6); 9) Ministerul Economiei, în comun cu alte ministere şi departamente interesate, elaborează şi implementea- ză programe social-economice, orientate spre înlăturarea cauzelor şi condiţiilor de ordin economic ce favori- zează migraţiunea ilegală, inclusiv traficul de fiinţe umane; 10) Ministerul Justiţiei prezintă, o dată la 6 luni, lista organizaţiilor neguvernamentale care practică activităţi legate de prevenirea şi combaterea fenomenului de trafic, de acordare a protecţiei şi asistenţei victimelor trafi- cului. Ministerul Justiţiei, în comun cu alte autorităţi ale administraţiei publice centrale, indicate în prezentul articol, elaborează proiecte de acte normative pentru reglementarea relaţiilor din domeniul prevenirii, comba- terii traficului de fiinţe umane şi acordării de protecţie şi asistenţă victimelor; 11) centrele de asistenţă şi protecţie a victimelor traficului de fiinţe umane eliberează documente de identi- tate provizorii pentru perioada de cazare, cu posibilitatea prelungirii acestora în condiţiile art.17. (2) Autorităţile administraţiei publice centrale abilitate cu funcţii de prevenire şi combatere a traficului de fiinţe umane, autorităţile administraţiei publice locale şi comisiile teritoriale pentru combaterea traficului de fiinţe umane organizează sistematic campanii informaţionale de sensibilizare a populaţiei, realizează şi difu- zează, colaborînd activ cu mass-media, materiale publicitare privind riscurile la care pot fi expuse potenţialele victime ale traficului de fiinţe umane. (3) Autorităţile administraţiei publice menţionate în prezentul articol informează periodic Comitetul naţi- onal despre acţiunile întreprinse în prevenirea şi combaterea traficului de fiinţe umane, înaintînd propuneri de eficientizare a acestor activităţi. [Art.10 modificat prin Legea nr.109 din 04.06.2010, în vigoare 30.07.2010] [Art.10 modificat prin Legea nr.107-XVI din 16.05.2008, în vigoare 20.06.2008] [Art.10 modificat prin Legea nr.137-XVI din 21.06.2007, în vigoare 03.08.2007]
Articolul 11. Atribuţiile organelor de drept în domeniul prevenirii şi combaterii traficului de fiinţe umane (1) Ministerul Afacerilor Interne şi subdiviziunile lui centrale şi teritoriale: a) desfăşoară activităţi de prevenire şi combatere a traficului de fiinţe umane prin intermediul profilaxiei, prevenirii, depistării şi curmării infracţiunilor legate de traficul de fiinţe umane, în conformitate cu legislaţia în vigoare, efectuînd urmărirea penală în cauzele penale de trafic şi de alte acţiuni legate de acestea; b) asigură, la cerere, protecţia fizică a victimei traficului de fiinţe umane pe perioada procesului penal, îi acordă altă protecţie şi asistenţă conform prezentei legi, altor acte normative în domeniu. (2) Ministerul Afacerilor Interne, prin organele sale specializate în prevenirea şi combaterea traficului de fiinţe umane, desfăşoară activităţi operative de investigaţie, de urmărire penală, de cooperare internaţională, de identificare şi protecţie a victimelor traficului de fiinţe umane, de analiză şi informaţie, stimulează crearea unor centre zonale de prevenire şi combatere a traficului de fiinţe umane. (3) Ministerul Afacerilor Interne, cu sprijinul unor alte ministere şi departamente, elaborează, administrea- ză şi actualizează baza de date privind fenomenul traficului de fiinţe umane, cu respectarea confidenţialităţii datelor personale ale victimelor acestui trafic, în conformitate cu prevederile art.21. (4) Ministerul Afacerilor Interne, în comun cu Procuratura Generală, efectuează studii în vederea depistării şi înlăturării cauzelor şi condiţiilor ce favorizează traficul de fiinţe umane şi publică semestrial în mass-media
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informaţii statistice şi rapoarte de analiză privind prevenirea şi combaterea traficului de fiinţe umane şi pro- tecţia victimelor lui. (5) Procuratura Generală, în limitele competenţei, desfăşoară activităţi de prevenire şi combatere a traficului de fiinţe umane în conformitate cu legislaţia în vigoare, coordonează, conduce şi exercită urmărirea penală în cauze legate de acest trafic, reprezintă învinuirea, în numele statului, în instanţă de judecată, supraveghează respectarea drepturilor omului, inclusiv ale victimelor traficului, întreprinde alte măsuri necesare în domeniu. În cadrul Pro- curaturii Generale, se creează o subdiviziune specializată în prevenirea şi combaterea traficului de fiinţe umane. (6) Serviciul de Informaţii şi Securitate şi organele lui teritoriale desfăşoară activităţi de prevenire şi combatere a traficului de fiinţe umane prin intermediul depistării legăturilor organizaţiilor internaţionale şi ale grupurilor criminale organizate cu traficanţii de fiinţe umane, prin alte activităţi desfăşurate în limitele competenţei sale. (7) Pe lîngă Procurorul General, se va crea un consiliu coordonator al organelor de drept cu atribuţii în domeniul combaterii traficului de fiinţe umane. (8) Organele de drept prezintă anual, nu mai tîrziu de 10 ianuarie, consiliului coordonator de pe lîngă Pro- curorul General rapoarte despre respectarea în ţară a legislaţiei privind prevenirea şi combaterea traficului de fiinţe umane, iar Procurorul General prezintă, pînă la 20 ianuarie, rapoartele respective Comitetului naţional.
Articolul 12. Activitatea organizaţiilor neguvernamentale în domeniul prevenirii şi combaterii traficului de fiinţe umane (1) Pentru prevenirea şi combaterea traficului de fiinţe umane, pentru acordarea de protecţie şi asistenţă victimelor lui, pentru coordonarea activităţilor curente, organizaţiile internaţionale care au reprezentanţe în Republica Moldova şi cele neguvernamentale cu atribuţii în domeniu pot coopera cu autorităţile administraţiei publice şi cu organele competente, în conformitate cu statutele şi regulamentele lor, şi pot organiza campanii informaţionale despre traficul de fiinţe umane şi riscurile la care sînt expuse victimele acestui trafic. (2) Organizaţiile neguvernamentale pot crea centre de asistenţă şi protecţie a victimelor traficului de fiinţe umane. (3) Organizaţiile neguvernamentale desfăşoară activităţi de identificare a victimelor traficului de fiinţe umane, le acordă protecţie şi asistenţă juridică şi de altă natură, întreprind alte acţiuni de prevenire şi combatere a unui astfel de trafic, în conformitate cu statutul lor.
Articolul 13. Prevederi speciale în domeniul transportului internaţional Agenţiile şi structurile respective din domeniul transportului internaţional sînt obligate să verifice dacă toţi pasagerii posedă documentele necesare pentru a intra în statul de destinaţie.
Articolul 14. Pregătirea profesională şi instruirea cadrelor (1) Statul asigură pregătirea profesională şi instruirea lucrătorilor din organele de drept, organele migraţio- nale şi din alte autorităţi în materia prevenirii şi combaterii traficului de fiinţe umane. (2) Pregătirea profesională şi instruirea cadrelor se axează pe metodele prevenirii şi combaterii traficului de fiinţe umane, pe cele mai avansate procedee de exercitare a urmăririi penale în cauzele de trafic de fiinţe umane, inclusiv de copii, pe respectarea drepturilor şi intereselor victimelor traficului, pe cele mai performante forme de protecţie a acestora. (3) Pregătirea profesională şi instruirea cadrelor va cuprinde metode şi forme de colaborare a autorităţilor administraţiei publice cu reprezentanţele organizaţiilor internaţionale şi regionale în Republica Moldova, cu organizaţiile neguvernamentale, cu alte instituţii şi reprezentanţi ai societăţii civile, metode şi forme de coope- rare şi colaborare a autorităţilor administraţiei publice, organizaţiilor şi instituţiilor din Republica Moldova cu autorităţile, organizaţiile şi instituţiile interesate ale altor state, cu organisme internaţionale şi regionale.
Capitolul III PROTECŢIA ŞI ASISTENŢA VICTIMELOR TRAFICULUI DE FIINŢE UMANE Articolul 15. Identificarea victimelor traficului de fiinţe umane Identificarea victimelor traficului de fiinţe umane se efectuează de către autorităţile publice competente cu concursul organizaţiilor neguvernamentale sau de către organizaţiile neguvernamentale care au motive rezo- nabile să creadă că persoana este victimă a unui astfel de trafic.
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Articolul 16. Reabilitarea socială a victimelor traficului de fiinţe umane Reabilitarea socială a victimelor traficului de fiinţe umane se efectuează pentru reintegrarea lor într-un mod de viaţă normal, incluzînd acordarea de asistenţă juridică şi materială, reabilitarea psihologică, medicală şi profesională, angajarea în cîmpul muncii şi acordarea de spaţiu pentru trai.
Articolul 17. Centrele de asistenţă şi protecţie a victimelor traficului de fiinţe umane (1) Centrele de asistenţă şi protecţie a victimelor traficului de fiinţe umane (în continuare - centre) sînt instituţii specializate care oferă condiţii civilizate de cazare şi de igienă personală, hrană, asistenţă juridică, socială, psihologică şi medicală de urgenţă, pază şi protecţie, precum şi asistenţă pentru contactarea rudelor. (2) Centrele pot fi create de: a) Guvern, la propunerea Comitetului naţional; b) autorităţile administraţiei publice locale, la propunerea comisiei teritoriale specificate la art.9; c) organizaţiile internaţionale şi organizaţiile neguvernamentale, cu informarea Comitetului naţional; d) autorităţile administraţiei publice şi organizaţiile neguvernamentale sau private, în baza unui acord de activitate comună. (3) Centrele acordă cazare victimelor traficului de fiinţe umane la cererea lor personală, pe o perioadă de cel mult 30 de zile. (4) Durata cazării prevăzute la alin.(3) poate fi prelungită: a) la solicitarea medicului, pe perioada tratamentului, dar nu mai mult de 6 luni; b) la solicitarea organelor de urmărire penală sau a instanţelor judecătoreşti, pe perioada procesului pe- nal, iar în cazul în care viaţa şi sănătatea victimei sînt ameninţate de un pericol real, durata cazării poate fi prelungită şi după finalizarea procesului penal, pe o durată considerată necesară pentru protecţia victimei, în baza unei sesizări din partea procurorului; c) la cererea victimei traficului de fiinţe umane, cu indicarea motivaţiei argumentate, pe o perioadă de cel mult 30 de zile. (5) Femeile gravide victime ale traficului de fiinţe umane au dreptul de cazare în centru pentru o perioadă de pînă la un an. (6) Regulamentul de organizare şi funcţionare a centrelor se aprobă de către fondatori, în baza regulamen- tului-cadru, aprobat prin hotărîre de Guvern. (7) Cheltuielile ce ţin de activitatea centrelor sînt suportate de la bugetele comune ale fondatorilor. (8) Organizarea şi funcţionarea centrelor pot fi susţinute material şi financiar şi de către agenţi economici şi întreprinzători în condiţiile Legii cu privire la filantropie şi sponsorizare. (9) Pentru asigurarea securităţii încăperilor în care sînt cazate victimele traficului de fiinţe umane, centrele vor beneficia de asistenţa gratuită a poliţiei.
Articolul 18. Integrarea profesională a victimelor traficului de fiinţe umane (1) Integrarea profesională a victimelor traficului de fiinţe umane se realizează cu suportul agenţiilor pentru ocuparea forţei de muncă, în condiţiile legislaţiei în vigoare. (2) Agenţiile pentru ocuparea forţei de muncă acordă victimelor traficului de fiinţe umane cu prioritate ser- vicii gratuite de mediere a muncii, de informare şi consiliere profesională, de orientare şi formare profesională, precum şi de consultanţă şi asistenţă în iniţierea într-o activitate de întreprinzător. (3) Victimele traficului de fiinţe umane sînt în drept să audieze un curs de pregătire profesională, finanţat din mijloacele fondului de şomaj. (4) Beneficiari ai serviciilor prevăzute la alin.(2) şi (3) sînt victimele traficului de fiinţe umane care au atins vîrsta de 16 ani.
Articolul 19. Repatrierea victimelor traficului de fiinţe umane (1) Republica Moldova contribuie la repatrierea şi primirea fără întîrzieri nejustificate, ţinînd cont de ne- cesitatea asigurării securităţii lor, a victimelor traficului de fiinţe umane cetăţeni ai săi şi apatrizi care aveau dreptul de a locui permanent în Republica Moldova la momentul intrării pe teritoriul unui alt stat. (2) La solicitarea unei ţări de destinaţie, autorităţile competente ale Republicii Moldova verifică, fără înt- îrzieri nejustificate, dacă victima traficului de fiinţe umane are cetăţenia Republicii Moldova sau avea dreptul
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de a locui permanent pe teritoriul ei în momentul intrării în ţara de destinaţie, despre care fapt comunică ţării solicitante, luînd concomitent măsuri de repatriere a victimei. (3) În scopul facilitării repatrierii victimei traficului de fiinţe umane care are cetăţenia Republicii Moldova sau care avea dreptul de a locui permanent în Republica Moldova la momentul intrării în ţara de destinaţie, dar care nu posedă documentele necesare, autorităţile competente ale Republicii Moldova, la solicitarea ţării de destinaţie, eliberează documentele de călătorie sau orice alt act necesar repatrierii. (4) Dispoziţiile prezentului articol se aplică fără prejudicierea vreunui drept acordat victimei traficului de fiinţe umane prin orice lege a ţării de destinaţie. (5) Regulamentul privind procedura de repatriere a victimelor traficului de fiinţe umane cetăţeni ai Republicii Moldova sau apatrizi care aveau dreptul de a locui permanent în Republica Moldova la momentul intrării în ţara de destinaţie se aprobă de Ministerul Afacerilor Externe şi Integrării Europene, în comun cu Ministerul Afacerilor Interne şi cu Ministerul Tehnologiilor Informaţionale şi Comunicaţiilor. [Art.19 modificat prin Legea nr.109 din 04.06.2010, în vigoare 30.07.2010]
Articolul 20. Protecţia şi asistenţa victimelor traficului de fiinţe umane (1) Victimelor traficului de fiinţe umane li se acordă asistenţă pentru recuperare fizică, psihologică şi socia- lă, prin acţiuni speciale medicale, psihologice, juridice şi sociale. (2) Persoana prezumată a fi victimă a traficului de fiinţe umane se consideră vulnerabilă, beneficiind de pachetul minim de asistenţă socială şi medicală asigurat de instituţiile Ministerului Sănătăţii şi ale Ministerului Muncii, Protecţiei Sociale şi Familiei. Persoanele constatate drept victime ale acestui trafic sînt asigurate cu asistenţă gratuită în instituţiile medicale stabilite de Ministerul Sănătăţii. (3) Statul, prin organele şi organizaţiile competente, întreprinde măsuri prompte şi adecvate de identificare şi referire a victimelor traficului de fiinţe umane la serviciile de protecţie şi asistenţă, acordîndu-le un răgaz de reflecţie de 30 de zile. În această perioadă, este interzisă punerea în executare a oricărui ordin de expulzare emis împotriva acestor persoane. (4) Acordarea serviciilor de protecţie şi asistenţă nu este condiţionată de dorinţa victimelor de a face decla- raţii şi de a participa la procesul de urmărire a traficanţilor. (5) Autorităţile administraţiei publice competente sînt obligate să informeze victimele traficului de fiinţe umane despre drepturile lor, despre autorităţile, organizaţiile şi instituţiile cu funcţii de prevenire şi combatere a traficului de fiinţe umane, de protecţie a victimelor traficului. (6) Victimelor traficului de fiinţe umane li se acordă protecţie şi asistenţă din partea autorităţilor adminis- traţiei publice, Comitetului naţional, comisiilor teritoriale de combatere a traficului de fiinţe umane, în limitele competenţelor acestora şi în conformitate cu prezenta lege şi cu alte acte normative. (7) Organizaţiile neguvernamentale cu atribuţii în domeniu sînt în drept să acorde victimelor traficului de fiinţe umane protecţie şi asistenţă, inclusiv să apere interesele lor în cadrul procesului penal sau civil. (8) Ori de cîte ori autoritatea competentă, organizaţia internaţională sau neguvernamentală cu atribuţii în domeniu au motive întemeiate de a crede că o persoană este victimă a traficului de fiinţe umane, îi vor acorda protecţia şi asistenţa prevăzute de lege. [Art.20 modificat prin Legea nr.109 din 04.06.2010, în vigoare 30.07.2010] [Art.20 modificat prin Legea nr.107-XVI din 16.05.2008, în vigoare 20.06.2008]
Articolul 21. Confidenţialitatea vieţii private a victimei traficului de fiinţe umane (1) Viaţa privată şi identitatea victimei traficului de fiinţe umane sînt protejate. Înregistrarea, păstrarea şi utilizarea informaţiilor cu caracter personal privind victima traficului de fiinţe umane se efectuează cu respec- tarea regulilor speciale de confidenţialitate, în scopul exercitării justiţiei şi protecţiei victimei doar în perioada procesului penal. (2) Este interzisă răspîndirea informaţiilor despre viaţa privată şi identitatea victimei traficului de fiinţe umane şi despre condiţiile în care a fost traficată. (3) Este interzisă răspîndirea informaţiilor despre măsurile de protecţie de stat a victimelor traficului de fiinţe umane, despre persoanele care acordă astfel de protecţie, precum şi despre persoanele care acordă ajutor în combaterea traficului de fiinţe umane. (4) Respectarea confidenţialităţii informaţiei prevăzute la alin.(1)-(3) este o obligaţie a tuturor persoanelor, inclusiv a celor implicate în activităţi de prevenire şi combatere a traficului de fiinţe umane, de protecţie şi
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asistenţă a victimelor, din organele de drept, instanţele judecătoreşti, din centrele prevăzute la art.17, precum şi a asistenţilor sociali. (5) În cazul în care viaţa şi sănătatea victimei traficului de fiinţe umane sînt ameninţate de un pericol real, acesteia i se asigură, la solicitarea sa, în temeiul unei hotărîri judecătoreşti, la demersul procurorului, al orga- nului de urmărire penală, posibilitatea de a-şi schimba numele, prenumele, data şi locul naşterii, în condiţiile Legii cu privire la actele stării civile şi ale Legii privind protecţia de stat a părţii vătămate, a martorilor şi a altor persoane care acordă ajutor în procesul penal. (6) Divulgarea informaţiilor despre măsurile de siguranţă şi a datelor confidenţiale despre victimele trafi- cului de fiinţe umane, precum şi divulgarea informaţiilor despre urmărirea penală şi măsurile de asigurare a securităţii aplicate faţă de participanţii la procesul penal se pedepsesc în conformitate cu legislaţia penală şi cea contravenţională.
Articolul 22. Atribuţiile misiunilor diplomatice şi ale oficiilor consulare ale Republicii Moldova în acordarea de protecţie şi asistenţă victimelor traficului de fiinţe umane (1) Misiunile diplomatice şi oficiile consulare ale Republicii Moldova au următoarele atribuţii: a) desfăşoară activităţi de protecţie a drepturilor şi intereselor cetăţenilor Republicii Moldova care au deve- nit victime ale traficului de fiinţe umane în ţara de reşedinţă sau în ţările unde au misiuni acreditate, contribuie la repatrierea acestora în conformitate cu legislaţia Republicii Moldova şi cu legislaţia ţării de reşedinţă; b) eliberează cu titlu gratuit, în termene restrînse, în comun cu subdiviziunile Ministerului Tehnologiilor Informaţionale şi Comunicaţiilor, documente sau orice alte acte necesare repatrierii în Republica Moldova a cetăţenilor Republicii Moldova care au devenit victime ale traficului de fiinţe umane, în cazul pierderii sau im- posibilităţii ridicării de la traficanţii de fiinţe umane a actelor de identitate; c) difuzează către cei interesaţi materiale informative privind drepturile victimelor traficului de fiinţe uma- ne potrivit legislaţiei Republicii Moldova şi legislaţiei statului de reşedinţă; d) asigură autorităţile administraţiei publice şi organele judiciare ale statului de reşedinţă sau din ţările unde au misiuni acreditate cu informaţii despre legislaţia Republicii Moldova în domeniul prevenirii şi combaterii traficului de fiinţe umane, privind drepturile victimelor, protecţia şi asistenţa acestora, inclusiv adresele centre- lor de asistenţă şi protecţie a victimelor traficului de fiinţe umane. (2) Şefii misiunilor diplomatice şi ai oficiilor consulare vor desemna un diplomat din cadrul lor ca respon- sabil de aplicarea procedurii de repatriere a cetăţenilor moldoveni victime ale traficului de fiinţe umane, de protecţia şi asistenţa acestora pe durata şederii lor în ţara de tranzit sau destinaţie, precum şi de cooperarea în acest domeniu cu autorităţile administraţiei publice şi organizaţiile din Republica Moldova. [Art.22 modificat prin Legea nr.109 din 04.06.2010, în vigoare 30.07.2010]
Articolul 23. Garanţiile de stat acordate victimelor traficului de fiinţe umane (1) Instanţele judecătoreşti şi organele de urmărire penală aplică în privinţa victimelor traficului de fiinţe uma- ne măsurile de asigurare a securităţii fizice şi a drepturilor prevăzute de Codul de procedură penală şi de Legea privind protecţia de stat a părţii vătămate, a martorilor şi a altor persoane care acordă ajutor în procesul penal. (2) Victimele traficului de fiinţe umane au dreptul la reparaţia prejudiciului în condiţiile legii.
Articolul 24. Protecţia şi asistenţa cetăţenilor străini şi apatrizilor victime ale traficului de fiinţe umane (1) Republica Moldova acordă protecţie şi asistenţă cetăţenilor străini şi apatrizilor victime ale traficului de fiinţe umane la repatrierea benevolă a acestora în ţara de origine, în regim de urgenţă, şi asigură transportarea în deplină securitate a acestora pînă la frontiera de stat a Republicii Moldova, dacă tratatele internaţionale nu prevăd altfel. Victima traficului de fiinţe umane nu poate fi repatriată sau expulzată în ţara de origine sau într- un stat terţ dacă, în urma aprecierii riscului şi securităţii, s-au constatat motive de a presupune că securitatea ei sau a familiei sale este în pericol. (2) Pentru a asigura protecţie şi asistenţă cetăţenilor străini şi apatrizilor victime ale traficului de fiinţe uma- ne, aceştia pot fi trimişi în centrele menţionate la art.17. (3) Cetăţenii străini şi apatrizii victime ale traficului de fiinţe umane, specificaţi la alin.(1) şi (2), vor fi infor- maţi, într-o limbă pe care o înţeleg, despre procedurile judiciare şi administrative aplicate în Republica Moldova şi în ţările de reşedinţă.
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(4) Cetăţenii străini şi apatrizii victime ale traficului de fiinţe umane specificaţi la alin.(1) pot beneficia de un răgaz de reflecţie de 30 de zile, de conciliere psihică şi psihologică, precum şi de asistenţă medicală şi socială. De asemenea, ei pot beneficia de asistenţă juridică gratuită pentru a-şi realiza drepturile la toate etapele proce- sului penal şi a susţine cererile şi acţiunile civile faţă de persoanele care au săvîrşit infracţiuni legate de traficul de fiinţe umane prevăzute de Codul penal. În această perioadă, este interzisă punerea în executare a oricărui ordin de expulzare emis împotriva acestor victime. (5) În cazul în care cetăţenii străini şi apatrizii victime ale traficului de fiinţe umane nu dispun de acte de identitate din cauza pierderii, sustragerii sau distrugerii lor, Ministerul Afacerilor Externe şi Integrării Europe- ne le acordă, la solicitarea statului străin, asistenţă în primirea unor asemenea acte sau a unor permise, necesare întoarcerii în ţara de reşedinţă. (6) În cazul în care cetăţenii străini şi apatrizii victime ale traficului de fiinţe umane, datorită statutului de victimă, sînt amplasaţi în centrele menţionate la art.17 sau în cazul în care aceştia participă la procesul penal împotriva traficantului, indiferent de amplasarea lor în aceste centre, ei vor beneficia de permise de şedere tem- porară, care pot fi prelungite în caz de necesitate.
Capitolul IV PREVENIREA ŞI COMBATEREA TRAFICULUI DE COPII. PROTECŢIA ŞI ASISTENŢA COPIILOR VICTIME ALE TRAFICULUI DE FIINŢE UMANE
Articolul 25. Prevenirea şi combaterea traficului de copii (1) Prevenirea şi combaterea traficului de copii, protecţia şi asistenţa copilului victimă a traficului de fiinţe umane constituie în Republica Moldova o preocupare politică, socială şi economică de ordin primordial. (2) Activitatea autorităţilor administraţiei publice şi organizaţiilor cu atribuţii în domeniul prevenirii şi combaterii traficului de fiinţe umane se va axa pe interesul superior al copilului. (3) Autorităţile administraţiei publice, agenţiile sociale, de ocrotire a sănătăţii şi de educaţie, precum şi or- ganizaţiile neguvernamentale, alte instituţii şi alţi reprezentanţi ai societăţii civile vor contacta neîntîrziat orga- nele de drept în cazul în care se cunoaşte ori se suspectează că un copil este exploatat sau traficat ori este expus riscului de a fi exploatat sau traficat.
Articolul 26. Principiile speciale de combatere a traficului de copii Pe lîngă principiile de bază, specificate la art.4, în activitatea de prevenire şi combatere a traficului de copii, de protecţie şi asistenţă a copiilor victime ale acestui trafic se va ţine cont de următoarele principii speciale: a) respectarea strictă a drepturilor copilului, stipulate în Convenţia ONU cu privire la drepturile copilului şi în Legea Republicii Moldova cu privire la drepturile copilului; b) luarea de măsuri speciale de protecţie şi de asistenţă copilului victimă a traficului de fiinţe umane; c) respectarea opiniei copilului victimă a traficului de fiinţe umane cu vîrsta mai mare de 10 ani în toate acţiunile care îl afectează, ţinîndu-se cont de vîrsta, gradul de maturitate şi interesul lui superior; d) informarea copilului victimă a traficului de fiinţe umane despre situaţia şi drepturile lui, despre măsurile de protecţie şi de asistenţă, despre serviciile disponibile, despre procedura de repatriere şi procesul de reunifi- care a familiei; e) asigurarea nedivulgării în nici un caz a identităţii şi a detaliilor care permit identificarea copilului victimă a traficului de fiinţe umane.
Articolul 27. Prezumţia de vîrstă În cazul în care nu se cunoaşte vîrsta victimei traficului de fiinţe umane, dar există motive a se considera că victima nu a atins vîrsta de 18 ani, se prezumă că victima este copil şi, pînă la constatarea exactă a vîrstei, ea va fi tratată drept copil, aplicîndu-i-se toate măsurile speciale de protecţie prevăzute de prezenta lege şi de alte acte normative.
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Articolul 28. Repatrierea copilului victimă a traficului de fiinţe umane (1) Copilul victimă a traficului de fiinţe umane va fi repatriat în ţara sa de origine dacă, anterior returnării, un părinte, o altă rudă sau un tutore au dat consimţămîntul să primească în îngrijire copilul ori dacă o agenţie guvernamentală, o agenţie de protecţie a copiilor din ţara de origine şi-au dat consimţămîntul şi sînt în stare să-şi asume responsabilitatea pentru copil şi să-i acorde protecţie şi asistenţă adecvată. (2) Luarea unei declaraţii de trafic de la copii de către organul de urmărire penală sau instanţa de judecată nu va stopa sau tergiversa reunificarea familiei ori returnarea copilului victimă în ţara de origine dacă aceasta este în interesul superior al copilului. (3) În situaţia în care returnarea copilului în ţara de origine ori integrarea în ţara de destinaţie nu sînt posi- bile, ori cînd aceste soluţii nu sînt în interesul superior al copilului, autorităţile ambelor ţări, în baza unor tratate internaţionale, vor asigura reaşezarea copilului victimă într-o ţară terţă, obţinînd acordul acesteia din urmă. (4) Opinia copilului victimă a traficului de fiinţe umane cu vîrsta mai mare de 10 ani se va lua în considerare la adoptarea deciziei de repatriere sau de reaşezare într-o ţară terţă. (5) Copilul victimă a traficului de fiinţe umane nu poate fi returnat în ţara sa de origine ori transferat într-o ţară terţă dacă, în urma evaluării riscurilor şi a securităţii, se stabilesc motive de a considera că siguranţa copi- lului sau cea a familiei lui este în pericol. (6) Copilul victimă a traficului de fiinţe umane care este cetăţean străin sau apatrid are dreptul la o viză temporară, care îi garantează dreptul de şedere legală pe teritoriul Republicii Moldova pînă la momentul găsirii unei soluţii durabile privind întoarcerea lui în ţara de origine.
Articolul 29. Acordarea de protecţie şi asistenţă copiilor victime ale traficului de fiinţe umane (1) Statul asigură protecţie şi asistenţă copiilor victime ale traficului de fiinţe umane din momentul în care apar temeiuri de a crede că ei sînt victime ale traficului, pînă la identificarea, integrarea şi recuperarea lor depli- nă, independent de cooperarea acestora cu autorităţile, conform art.20 alin.(4). (2) După identificare ca victimă a traficului de fiinţe umane, copilul este referit de urgenţă serviciilor com- petente de protecţie, asistenţă şi reabilitare a copiilor. (3) Comitetul naţional, autorităţile administraţiei publice, inclusiv organele de drept, comisiile teritoriale de combatere a traficului de fiinţe umane, centrele, organizaţiile neguvernamentale şi alte organizaţii competente, în cazul în care dispun de informaţii despre un copil victimă a traficului de fiinţe umane, sînt obligate să infor- meze imediat organele de tutelă şi curatelă pentru a se asigura protecţia drepturilor copilului. (4) Dacă copilul victimă a traficului de fiinţe umane este lipsit de îngrijire părintească, organele de tutelă şi curatelă vor numi, în condiţiile legii, un tutore, care va asigura ca toate deciziile luate să fie în interesul copilului, va face declaraţii în numele lui, va participa împreună cu el la toate acţiunile procesual-penale şi judiciare, pînă la găsirea unei soluţii conforme interesului superior al copilului. (5) Copilului identificat drept victimă a traficului de fiinţe umane i se acordă un răgaz de reflecţie de 30 de zile pentru a decide personal sau prin reprezentantul său legal ori tutore dacă va face declaraţie împotriva traficantului. (6) În cazul cazării copiilor victime ale traficului de fiinţe umane în centre, aceştia trebuie să fie amplasaţi separat de adulţi. (7) Copiii victime ale traficului de fiinţe umane au dreptul de cazare în centru pe o perioadă de pînă la 6 luni sau pe durata procesului judiciar. (8) Toate agenţiile şi instituţiile a căror activitate vizează copiii victime ale traficului de fiinţe umane vor stabili practici şi programe speciale de identificare, referire, protecţie şi asistenţă a acestora, respectînd confi- denţialitatea informaţiei personale şi statutului de victimă al copilului. (9) Copiilor victime ale traficului de fiinţe umane li se asigură dreptul de a frecventa instituţiile de învăţă- mînt de stat în condiţiile Legii învăţămîntului. (10) Copiilor victime ale traficului de fiinţe umane care au rămas fără îngrijirea părinţilor sau care nu cu- nosc locul unde se află părinţii li se asigură posibilitatea căutării urgente a familiei ori li se instituie tutela sau curatela în condiţiile legii. (11) Copiii care au suferit în urma traficului de fiinţe umane au dreptul de a primi îngrijire şi protecţie pe termen lung, pînă la recuperare deplină. Copiii privaţi de mediu familial au dreptul la o îngrijire de alternativă de tip familial sau comunitar.
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Capitolul V RĂSPUNDEREA PENTRU TRAFICUL DE FIINŢE UMANE
Articolul 30. Răspunderea pentru traficul de fiinţe umane (1) Persoanele care participă la organizarea şi desfăşurarea activităţilor de trafic de fiinţe umane sînt trase la răspundere penală conform Codului penal. (2) Infracţiunile de trafic de fiinţe umane au un caracter atît naţional, cît şi transnaţional. În ultimul caz, se aplică formele şi procedeele de investigare şi urmărire penală prevăzute de legislaţia internaţională şi naţională pentru astfel de infracţiuni. (3) Consimţămîntul victimei traficului de fiinţe umane la exploatare intenţionată nu este relevant pentru tragerea la răspundere penală a traficanţilor dacă au fost utilizate oricare din mijloacele specificate la art.2 pct.1). (4) Cetăţenilor străini sau apatrizilor implicaţi în traficul de fiinţe umane li se refuză intrarea pe teritoriul Republicii Moldova sau vizele lor vor fi revocate.
Articolul 31. Răspunderea persoanei juridice pentru traficul de fiinţe umane (1) În cazul în care se constată că au avut loc acţiuni de trafic de fiinţe umane prin intermediul persoanei juridice care dispune de licenţă pentru desfăşurarea activităţii de întreprinzător ce a servit drept paravan pentru săvîrşirea acţiunilor ilegale menţionate, licenţa se retrage, iar persoana juridică se lichidează în temeiul unei hotărîri judecătoreşti. (2) Pentru prejudiciul cauzat în urma acţiunilor menţionate la alin.(1), persoana juridică poartă răspundere civilă faţă de victimele traficului. (3) Tragerea la răspundere a persoanelor juridice nu exclude tragerea la răspundere a persoanelor fizice care au comis infracţiunea de trafic de fiinţe umane.
Articolul 32. Absolvirea victimei traficului de fiinţe umane de răspundere pentru infracţiunile săvîrşite în legătură cu acest statut Victima traficului de fiinţe umane este absolvită, în condiţiile legislaţiei în vigoare, de răspundere penală, contravenţională sau civilă pentru acţiunile pe care le-a săvîrşit în legătură cu statutul de victimă dacă aceste acţiuni cad sub incidenţa Codului penal, Codului contravenţional al Republicii Moldova sau a Codului civil. [Art.32 modificat prin Legea nr.131-XVIII din 23.12.2009, în vigoare 12.02.2010]
Capitolul VI COOPERAREA INTERNAŢIONALĂ
Articolul 33. Cooperarea internaţională Cooperarea internaţională în domeniul prevenirii şi combaterii traficului de fiinţe umane, acordării protec- ţiei şi asistenţei victimelor acestui trafic, inclusiv repatrierii lor, se realizează în baza tratatelor internaţionale la care Republica Moldova este parte.
Articolul 34. Ofiţerii de legătură (1) Prin prezenta lege se instituie calitatea de ofiţer de legătură în cadrul Ministerului Afacerilor Interne, precum şi de procuror de legătură în cadrul Procuraturii Generale, care vor asigura consultarea reciprocă cu ofiţerii de legătură sau, după caz, cu procurorii de legătură care funcţionează în alte state, în scopul coordonării acţiunilor comune în activitatea de depistare, descoperire şi urmărire penală a cazurilor de trafic de fiinţe uma- ne, de protecţie şi asistenţă a victimelor traficului în cursul urmăririi penale. (2) În vederea schimbului de date privind investigarea şi urmărirea penală în cazurile infracţiunilor pre- văzute în prezenta lege, ofiţerii de legătură şi procurorii de legătură vor fi persoanele de contact ale organelor respective cu organizaţii şi instituţii similare din alte state.
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Capitolul VII DISPOZIŢII FINALE ŞI TRANZITORII
Articolul 35 (1) Guvernul, în termen de 3 luni: va înainta Parlamentului propuneri privind aducerea legislaţiei în vigoare în concordanţă cu prezenta lege; va adopta actele normative necesare executării prezentei legi; va aduce actele sale normative în concordanţă cu prezenta lege; va asigura revizuirea şi abrogarea de către ministere şi alte autorităţi administrative centrale a actelor lor normative ce contravin prezentei legi. (2) La propunerea autorităţilor responsabile de executarea prezentei legi, în legea bugetului vor fi prevăzute anual mijloacele financiare necesare.
PREŞEDINTELE PARLAMENTULUI Marian LUPU Chişinău, 20 octombrie 2005. Nr.241-XVI.
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11. LEGE cu privire la asigurarea egalităţii de şanse între femei şi bărbaţi nr. 5-XVI din 09.02.2006 Monitorul Oficial al R.Moldova nr.47-50/200 din 24.03.2006
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CUPRINS Capitolul I Dispoziţii generale Articolul 1. Scopul legii Articolul 2. Noţiuni principale Articolul 3. Subiectele raporturilor juridice în domeniul egalităţii între femei şi bărbaţi Articolul 4. Cadrul juridic Articolul 5. Interzicerea discriminării după criteriul de sex
Capitolul II Asigurarea egalităţii de şanse între femei şi bărbaţi în domeniul public Articolul 6. Accesul egal la ocuparea funcţiilor publice Articolul 7. Egalitatea de şanse în domeniul electoral, în activitatea partidelor şi a altor organizaţii social- politice Articolul 8. Egalitatea de şanse în mass-media
Capitolul III Asigurarea egalităţii de şanse între femei şi bărbaţi în domeniul social-economic Articolul 9. Accesul egal la angajare Articolul 10. Cooperarea angajatorului cu angajaţii şi cu reprezentanţii sindicatelor Articolul 11. Acţiunile discriminatorii ale angajatorului Articolul 12. Accesul egal la activitatea de întreprinzător
Capitolul IV Asigurarea egalităţii de şanse între femei şi bărbaţi la educaţie şi sănătate Articolul 13. Accesul egal la educaţie Articolul 14. Accesul egal la sănătate
Capitolul V Cadrul instituţional de asigurare a egalităţii de şanse între femei şi bărbaţi Articolul 15. Autorităţile abilitate cu atribuţii în domeniul egalităţii între femei şi bărbaţi Articolul 16. Competenţa Parlamentului Articolul 17. Competenţa Guvernului
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Articolul 18. Comisia guvernamentală pentru egalitate între femei şi bărbaţi Articolul 19. Competenţa autorităţilor publice centrale de specialitate Articolul 20. Competenţa autorităţilor administraţiei publice locale Articolul 21. Avocaţii parlamentari Articolul 22. Statistica gender Articolul 23. Finanţarea
Capitolul VI Răspunderea Articolul 24. Răspunderea pentru discriminare după criteriul de sex
Capitolul VII Dispoziţii finale Articolul 25. Obligaţiunile Guvernului Parlamentul adoptă prezenta lege organică.
Notă: În cuprinsul legii sintagma „Ministerul Protecţiei Sociale, Familiei şi Copilului” se substituie prin sintag- ma „Ministerul Muncii, Protecţiei Sociale şi Familiei” conform Legii nr.109 din 04.06.2010, în vigoare 30.07.2010 Notă: În cuprinsul legii sintagma “Ministerul Sănătăţii şi Protecţiei Sociale” se substituie prin sintagma “Mi- nisterul Protecţiei Sociale, Familiei şi Copilului” conform Legii nr.107-XVI din 16.05.2008, în vigoare 20.06.2008
Capitolul I Dispoziţii generale
Articolul 1. Scopul legii Scopul prezentei legi constă în asigurarea exercitării drepturilor lor egale de către femei şi bărbaţi în sfera politică, economică, socială, culturală, în alte sfere ale vieţii, drepturi garantate de Constituţia Republicii Mol- dova, în vederea prevenirii şi eliminării tuturor formelor de discriminare după criteriul de sex.
Articolul 2. Noţiuni principale În sensul prezentei legi, următoarele noţiuni principale semnifică: abordare complexă a egalităţii între femei şi bărbaţi - integrare a principiului egalităţii între femei şi bărbaţi în politicile şi în programele din toate domeniile şi la toate nivelurile de adoptare şi aplicare a deciziilor; acţiuni afirmative - acţiuni speciale temporare de accelerare a obţinerii unei egalităţi reale între femei şi bărbaţi, cu intenţia de eliminare şi prevenire a discriminării ori a dezavantajelor ce rezultă din atitudinile, com- portamentele şi structurile existente; discriminare după criteriul de sex - orice deosebire, excepţie, limitare ori preferinţă avînd drept scop ori consecinţă limitarea sau intimidarea recunoaşterii, exercitării şi implementării pe bază de egalitate între femei şi bărbaţi a drepturilor şi libertăţilor fundamentale ale omului; discriminare directă după criteriul de sex - orice acţiune care, în situaţii similare, discriminează o persoană în comparaţie cu o altă persoană de alt sex, inclusiv din cauza sarcinii, maternităţii sau paternităţii; discriminare indirectă după criteriul de sex - orice acţiune, regulă, criteriu sau practică identică pentru fe- mei şi bărbaţi, dar cu efect ori rezultat inegal pentru unul dintre sexe, cu excepţia acţiunilor afirmative; egalitate de şanse - lipsă de bariere în participarea pe bază de egalitate a femeilor şi bărbaţilor la activităţi din sfera politică, economică, socială, culturală, din alte sfere ale vieţii;
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egalitate între femei şi bărbaţi - egalitate în drepturi, şanse egale în exercitarea drepturilor, participare egală în toate sferele vieţii, tratare egală a femeilor şi bărbaţilor; gender - aspectul social al relaţiilor dintre femei şi bărbaţi, care se manifestă în toate sferele vieţii; hărţuire sexuală - orice formă de comportament fizic, verbal sau nonverbal, de natură sexuală, care lezează demnitatea persoanei ori creează o atmosferă neplăcută, ostilă, degradantă, umilitoare sau insultătoare; sex - totalitate a caracteristicilor anatomofiziologice care diferenţiază fiinţele umane în femei şi bărbaţi; unitate gender - specialist abilitat cu funcţii de promovare a egalităţii între femei şi bărbaţi în instituţia în care activează.
Articolul 3. Subiectele raporturilor juridice în domeniul egalităţii între femei şi bărbaţi Subiecte ale raporturilor juridice de asigurare a egalităţii între femei şi bărbaţi sînt: statul, persoanele juridi- ce şi persoanele fizice (indiferent de vîrstă).
Articolul 4. Cadrul juridic (1) Raporturile juridice în domeniul egalităţii între femei şi bărbaţi sînt reglementate de Constituţia Repu- blicii Moldova, de prezenta lege, de alte acte normative, precum şi de tratatele internaţionale la care Republica Moldova este parte. (2) În caz de neconcordanţă între reglementările prezentei legi şi cele ale tratatelor internaţionale la care Republica Moldova este parte, prioritate au tratatele internaţionale.
Articolul 5. Interzicerea discriminării după criteriul de sex (1) În Republica Moldova, femeile şi bărbaţii beneficiază de drepturi şi libertăţi egale, fiindu-le garantate şi şanse egale pentru exercitarea lor. (2) Promovarea unei politici sau efectuarea de acţiuni care nu asigură egalitatea de şanse între femei şi băr- baţi se consideră discriminare şi trebuie să fie înlăturată de autorităţile publice competente, conform legislaţiei. (3) Discriminarea poate fi directă sau indirectă. (4) Acţiunile care limitează sau exclud sub orice aspect tratarea egală a femeilor şi bărbaţilor se consideră discriminatorii şi sînt interzise. (5) Actul juridic care conţine prevederi discriminatorii după criteriul de sex se declară nul de către organele competente. (6) Nu se consideră discriminatorii: a) măsurile de asigurare a unor condiţii speciale femeii în perioada sarcinii, lăuziei şi alăptării; b) cerinţele de calificare pentru activităţi în care particularităţile de sex constituie un factor determinant datorită specificului condiţiilor şi modului de desfăşurare a activităţilor respective; c) anunţurile speciale de angajare a persoanelor de un anumit sex la locurile de muncă în care, datorită natu- rii sau condiţiilor particulare de prestare a muncii prevăzute de lege, particularităţile de sex sînt determinante; d) acţiunile afirmative.
Capitolul II Asigurarea egalităţii de şanse între femei şi bărbaţi în domeniul public Articolul 6. Accesul egal la ocuparea funcţiilor publice (1) În cazul înaintării condiţiilor pentru ocuparea de funcţii publice centrale şi locale, este necesar să se asigure şanse egale de participare la concurs pentru femei şi bărbaţi. (2) Stabilirea unor restricţii directe sau indirecte după criteriul de sex în caz de anunţare, organizare şi ad- mitere la concurs pentru ocuparea unei funcţii publice este interzisă, cu excepţiile prevăzute de prezenta lege. (3) Conducătorii autorităţilor administraţiei publice centrale şi locale, alte persoane cu funcţie de răspun- dere sînt obligaţi să asigure accesul egal la ocuparea unei funcţii publice în conformitate cu exigenţele profesi- onale, fără diferenţiere după criteriul de sex a pretendenţilor. (4) Nu se permite anunţarea şi organizarea de concursuri numai pentru persoane de un anumit sex.
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Articolul 7. Egalitatea de şanse în domeniul electoral, în activitatea partidelor şi a altor organizaţii social-politice (1) Comisia Electorală Centrală, consiliile şi birourile electorale de circumscripţie asigură respectarea prin- cipiului egalităţii între femei şi bărbaţi în domeniul electoral. (2) Partidele şi alte organizaţii social-politice sînt obligate să contribuie la asigurarea egalităţii de drepturi şi de şanse între membrii săi femei şi bărbaţi prin: a) asigurarea reprezentării în organele lor de conducere a componenţei de femei şi bărbaţi; b) asigurarea reprezentării în listele de candidaţi a femeilor şi bărbaţilor fără discriminare după criteriul de sex.
Articolul 8. Egalitatea de şanse în mass-media (1) Mass-media contribuie la promovarea principiului egalităţii între femei şi bărbaţi în societate prin ela- borarea de programe şi materiale de depăşire a stereotipurilor gender. (2) Orice discursuri şi materiale publice care prezintă imaginea femeilor sau a bărbaţilor în manieră de umi- linţă a demnităţii lor se consideră inadmisibile şi se contracarează în conformitate cu prezenta lege.
Capitolul III Asigurarea egalităţii de şanse între femei şi bărbaţi în domeniul social-economic Articolul 9. Accesul egal la angajare (1) Statul garantează drepturi şi şanse egale, tratarea egală a femeilor şi bărbaţilor la plasare în cîmpul muncii. (2) Angajatorul va efectua angajarea prin metode care să asigure accesul egal al femeilor şi al bărbaţilor la muncă, inclusiv prin acţiuni afirmative.
Articolul 10. Cooperarea angajatorului cu angajaţii şi cu reprezentanţii sindicatelor (1) Angajatorul cooperează cu angajaţii şi cu reprezentanţii sindicatelor pentru instituirea unei ordini inte- rioare care să prevină şi să excludă cazurile de discriminare după criteriul de sex în procesul de muncă. (2) Procedurile necesare asigurării egalităţii între femei şi bărbaţi la locul de muncă urmează a fi inserate în calitate de obligaţii ale angajatorului şi angajatului în contractele individuale de muncă, în contractele colective de muncă şi în convenţiile colective. (3) Pentru asigurarea egalităţii între femei şi bărbaţi, angajatorul este obligat: a) să asigure egalitatea de şanse şi de tratament tuturor persoanelor la angajare potrivit profesiei, la perfec- ţionare profesională, la promovare în serviciu, fără discriminare după criteriul de sex; b) să aplice aceleaşi criterii de evaluare a calităţii muncii, de sancţionare şi de concediere; c) să asigure remunerare egală pentru munci de valoare egală; d) să întreprindă măsuri de prevenire a hărţuirii sexuale a femeilor şi bărbaţilor la locul de muncă, precum şi a persecutării pentru depunere în organul competent a plîngerilor împotriva discriminării; e) să asigure condiţii egale pentru femei şi bărbaţi de îmbinare a obligaţiilor de serviciu cu cele familiale; f) să introducă în regulamentul de organizare şi funcţionare a unităţii dispoziţii pentru interzicerea discri- minărilor după criteriul de sex.
Articolul 11. Acţiunile discriminatorii ale angajatorului (1) Se consideră discriminatorii următoarele acţiuni ale angajatorului: a) plasarea anunţurilor de angajare cu cerinţe şi criterii ce presupun priorităţi pentru unul dintre sexe, cu excepţia cazurilor specificate la art.5 alin.(6) lit.c); b) refuzul neîntemeiat de angajare a persoanelor de un anumit sex; c) stabilirea pentru angajaţi, în funcţie de sex, a unui program de lucru mai favorabil, cu excepţia cazurilor stipulate de legislaţie; d) refuzul neîntemeiat de a admite, în cadrul programului de perfecţionare profesională, o persoană pe mo- tiv de sex, modificarea ori rezilierea contractului de muncă sau angajarea pe acelaşi motiv;
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e) aplicarea după criteriul de sex a unor condiţii diferite de remunerare pentru munci de valoare egală; f) distribuirea diferenţiată, după criteriul de sex, a sarcinilor de muncă avînd ca urmare atribuirea unui statut mai puţin favorabil; g) crearea de impedimente ori condiţii adverse persoanei care a depus în organul competent plîngere împo- triva discriminării după criteriul de sex; h) solicitarea neîntemeiată a informaţiei despre starea civilă a candidaţilor. (2) Se consideră refuz neîntemeiat de angajare, de perfecţionare, de promovare în serviciu a persoanelor de un anumit sex, în pofida corespunderii lor cerinţelor, sub pretextul: a) necesităţii prezentării unor documente suplimentare care nu sînt specificate în avizul ofertei; b) necorespunderii unor criterii elaborate la moment; c) existenţei unor obligaţii familiale; d) necorespunderii unor alte condiţii ce nu au nimic comun cu profesionalismul necesar îndeplinirii muncii solicitate, cu excepţia cazurilor specificate la art.5 alin.(6) lit.c); e) unor alte condiţii avînd consecinţe similare. (3) Obligaţia de a demonstra lipsa intenţiei de discriminare directă sau indirectă faţă de persoana care se consideră discriminată revine angajatorului. (4) Persoana care se consideră discriminată prin faptul că angajatorul a angajat, a promovat sau a acordat unei alte persoane facilităţi după criteriul de sex ori a comis alte acţiuni discriminatorii este în drept a solicita prezentarea în scris a motivaţiei deciziei. (5) Angajatorul este obligat să dea răspuns persoanei care se consideră discriminată în decursul a 30 de zile de la data depunerii cererii. În caz contrar, persoana este în drept să iniţieze o acţiune conform legislaţiei.
Articolul 12. Accesul egal la activitatea de întreprinzător Statul asigură femeilor şi bărbaţilor şanse egale pentru desfăşurarea activităţii de întreprinzător.
Capitolul IV Asigurarea egalităţii de şanse între femei şi bărbaţi la educaţie şi sănătate
Articolul 13. Accesul egal la educaţie (1) Instituţiile de învăţămînt şi educaţie asigură egalitatea între femei şi bărbaţi: a) prin acces la educaţie şi/sau instruire; b) în procesul de educaţie şi/sau instruire, inclusiv la evaluarea cunoştinţelor acumulate; c) în activitatea didactică şi ştiinţifico-didactică; d) prin elaborare de materiale didactice şi programe de studii, în conformitate cu principiul egalităţii între femei şi bărbaţi; e) prin includere a educaţiei gender drept parte componentă a sistemului educaţional; f) prin educare a fetelor şi băieţilor în spiritul de parteneriat şi de respect reciproc. (2) Instituţiile de învăţămînt şi educaţie nu pot stabili principii de admitere bazate pe restricţii directe ori indirecte după criteriul de sex, cu excepţia cazurilor stipulate în prezenta lege. (3) Prin derogare de la alin.(2), statul, prin intermediul instituţiilor de învăţămînt şi educaţie, va întreprinde acţiuni afirmative de promovare a participării echilibrate a femeilor şi bărbaţilor la exercitarea profesiilor spe- cifice unde se atestă suprareprezentarea persoanelor de un anumit sex. (4) Sub incidenţa prezentului articol cad şi instituţiile de învăţămînt şi educaţie ale organelor de forţă.
Articolul 14. Accesul egal la sănătate Este interzisă orice formă de discriminare după criteriul de sex în ceea ce priveşte accesul femeilor şi al băr- baţilor la toate nivelurile de asistenţă medicală şi la programele de prevenire a îmbolnăvirilor şi de promovare a sănătăţii.
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Capitolul V Cadrul instituţional de asigurare a egalităţii de şanse între femei şi bărbaţi
Articolul 15. Autorităţile abilitate cu atribuţii în domeniul egalităţii între femei şi bărbaţi Se abilitează cu atribuţii în domeniul egalităţii între femei şi bărbaţi: a) Parlamentul; b) Guvernul; c) Comisia guvernamentală pentru egalitate între femei şi bărbaţi; d) Ministerul Muncii, Protecţiei Sociale şi Familiei (organ specializat); e) ministerele şi alte autorităţi administrative centrale (unităţile gender); f) autorităţile administraţiei publice locale (unităţile gender).
Articolul 16. Competenţa Parlamentului De competenţa Parlamentului ţin: a) adoptarea cadrului legislativ care asigură egalitatea între femei şi bărbaţi în toate domeniile; b) monitorizarea implementării principiului egalităţii între femei şi bărbaţi în toate direcţiile şi la toate ni- velurile politicii de stat; c) examinarea rapoartelor Guvernului şi ale avocaţilor parlamentari asupra situaţiei în domeniu, conform legislaţiei.
Articolul 17. Competenţa Guvernului În scopul abordării complexe a egalităţii între femei şi bărbaţi, Guvernul: a) asigură integrarea în politici, strategii, programe, acte normative şi investiţii financiare a principiului egalităţii între femei şi bărbaţi; b) aprobă planurile şi programele naţionale privind egalitatea între femei şi bărbaţi, monitorizează realizarea lor; c) prezintă periodic Parlamentului rapoarte asupra situaţiei şi activităţii în domeniu, conform legislaţiei.
Articolul 18. Comisia guvernamentală pentru egalitate între femei şi bărbaţi Comisia guvernamentală pentru egalitate între femei şi bărbaţi este un organ consultativ, creat pe lîngă Gu- vern, care activează în temeiul unui regulament aprobat de acesta, avînd următoarele atribuţii: a) promovarea egalităţii între femei şi bărbaţi, abordarea ei complexă; b) coordonarea activităţii autorităţilor administraţiei publice centrale şi locale în problemele egalităţii între femei şi bărbaţi; c) dezvoltarea colaborării structurilor de stat cu societatea civilă în problemele egalităţii între femei şi bărbaţi.
Articolul 19. Competenţa autorităţilor publice centrale de specialitate (1) Autoritatea publică centrală abilitată cu elaborarea şi promovarea politicilor în domeniul egalităţii între femei şi bărbaţi este Ministerul Muncii, Protecţiei Sociale şi Familiei. (2) În cadrul Ministerului Muncii, Protecţiei Sociale şi Familiei, atribuţiile expuse la alin.(1) sînt date în seama unui organ specializat avînd următoarele competenţe: a) elaborarea şi avizarea proiectelor de acte normative în baza principiului egalităţii între femei şi bărbaţi, propunerea de amendamente la actele normative pentru aducerea lor în concordanţă cu prezenta lege; b) coordonarea şi monitorizarea implementării la nivel naţional a instrumentelor internaţionale; c) prezentarea de propuneri privind integrarea principiului egalităţii între femei şi bărbaţi în strategii, pro- grame şi investiţii financiare, precum şi de rapoarte în domeniu; d) elaborarea şi coordonarea implementării programelor, organizarea campaniilor de mediatizare, cercetă- rilor şi altor acţiuni privind asigurarea egalităţii între femei şi bărbaţi; e) coordonarea activităţii unităţilor gender; f) colaborarea cu organizaţiile neguvernamentale, fundaţiile, sindicatele, patronatul şi organismele internaţionale care contribuie la implementarea egalităţii între femei şi bărbaţi;
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g) exercitarea unor alte atribuţii de domeniu, conform legislaţiei. (3) În cadrul autorităţilor administraţiei publice centrale de specialitate, funcţionează unităţi gender. (4) Unitatea gender: a) monitorizează respectarea legislaţiei în materie de egalitate între femei şi bărbaţi în cadrul autorităţilor administraţiei publice centrale; b) prezintă propuneri de integrare a principiului egalităţii între femei şi bărbaţi în politicile şi planurile de activitate ale administraţiei publice centrale; c) examinează petiţiile persoanelor juridice şi cele ale persoanelor fizice asupra cazurilor de discriminare după criteriul de sex; d) prezintă periodic organelor specializate rapoarte asupra activităţii în problema egalităţii între femei şi bărbaţi; e) exercită alte atribuţii de domeniu, conform legislaţiei.
Articolul 20. Competenţa autorităţilor administraţiei publice locale (1) De competenţa autorităţilor administraţiei publice locale ţin: a) asigurarea integrării principiului de egalitate între femei şi bărbaţi în politici, programe, acte normative şi investiţii financiare la nivel local; b) monitorizarea implementării programelor, organizarea campaniilor de informare, a cercetărilor şi altor acţiuni privind egalitatea între femei şi bărbaţi la nivel local; c) colaborarea cu organizaţiile neguvernamentale, fundaţiile, sindicatele, patronatul şi organismele internaţionale care contribuie la implementarea egalităţii între femei şi bărbaţi; d) alte atribuţii de domeniu, conform legislaţiei. (2) În cadrul autorităţilor administraţiei publice locale (organele de asistenţă socială), funcţionează unităţi gender. (3) Unitatea gender: a) prezintă propuneri de integrare a principiului egalităţii între femei şi bărbaţi în politicile, programele şi actele normative ale administraţiei publice locale, în bugetele unităţilor administrativ-teritoriale; b) colaborează cu organizaţii neguvernamentale şi cu alte organizaţii în problema egalităţii între femei şi bărbaţi; c) examinează petiţiile persoanelor juridice şi cele ale persoanelor fizice asupra cazurilor de discriminare după criteriul de sex; d) monitorizează activitatea administraţiei publice locale în domeniu; e) prezintă periodic autorităţilor administraţiei publice locale rapoarte despre lucrul efectuat; f) exercită alte atribuţii de domeniu, conform legislaţiei.
Articolul 21. Avocaţii parlamentari Avocaţii parlamentari asigură garantarea şi respectarea egalităţii între femei şi bărbaţi ca parte integrantă a drepturilor şi libertăţilor constituţionale ale omului, conform legislaţiei.
Articolul 22. Statistica gender (1) Biroul Naţional de Statistică va colecta, prelucra şi generaliza informaţiile statistice dezagregate pe sexe. (2) Autorităţile administraţiei publice centrale şi locale, partidele, alte organizaţii social-politice, persoanele juridice şi persoanele fizice care desfăşoară activitate de întreprinzător vor prezenta Biroului Naţional de Statis- tică informaţiile necesare dezagregate pe sexe.
Articolul 23. Finanţarea (1) Autorităţile publice abilitate cu implementarea prezentei legi sînt finanţate de la bugetul de stat, de la bugetele unităţilor administrativ-teritoriale în limita mijloacelor financiare stabilite anual. (2) Activităţile din domeniu se pot finanţa şi din alte surse neinterzise de lege.
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Capitolul VI Răspunderea
Articolul 24. Răspunderea pentru discriminare după criteriul de sex (1) Persoanele supuse formelor discriminării după criteriul de sex, menţionate în prezenta lege, au dreptul la repararea prejudiciului în condiţiile stabilite de legislaţie. (2) Pentru încălcarea prevederilor legislaţiei în materie de egalitate între femei şi bărbaţi, subiectele raportu- rilor juridice care au comis acţiuni de discriminare după criteriul de sex poartă răspundere conform legislaţiei.
Capitolul VII Dispoziţii finale
Articolul 25 Guvernul, în termen de 6 luni: a) va prezenta Parlamentului propuneri de aducere a legislaţiei în vigoare în concordanţă cu prezenta lege; b) va elabora şi va aproba actele normative necesare implementării prezentei legi.
PREŞEDINTELE PARLAMENTULUI Marian LUPU Chişinău, 9 februarie 2006. Nr.5-XVI.
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12. LEGE privind transplantul de organe, ţesuturi şi celule umane nr.42-XVI din 06.03.2008*
CUPRINS
Capitolul I DISPOZIŢII GENERALE
Articolul 1. Obiectul de reglementare Articolul 2. Noţiuni de bază Articolul 3. Principiile de bază în domeniul transplantului
Capitolul II ORGANIZAREA ACTIVITĂŢII ÎN DOMENIUL TRANSPLANTULUI
Articolul 4. Agenţia de Transplant Articolul 5. Modul de distribuţie a organelor, ţesuturilor şi celulelor Articolul 6. Controlul calităţii Articolul 7. Identificarea, raportarea şi investigarea efectelor adverse ale transplantului
Capitolul III AUTORIZAREA ACTIVITĂŢII DE PRELEVARE ŞI DE TRANSPLANT AL ORGANELOR, ŢESUTURILOR ŞI CELULELOR
Articolul 8. Activitatea de transplant Articolul 9. Autorizarea prelevării şi transplantului
Capitolul IV PRELEVAREA DE ORGANE, ŢESUTURI ŞI CELULE DE LA CADAVRU
Articolul 10. Condiţiile prelevării de la cadavru Articolul 11. Modalităţile de confirmare a decesului Articolul 12. Personalul medical care confirmă decesul Articolul 13. Consimţămîntul pentru donare Articolul 14. Respectul pentru corpul uman
Capitolul V CONDIŢIILE DE PRELEVARE DE ORGANE, ŢESUTURI ŞI CELULE DE LA UN DONATOR ÎN VIAŢĂ. ATRIBUŢIILE COMISIEI INDEPENDENTE DE AVIZARE
Articolul 15. Condiţiile de prelevare de la un donator în viaţă Articolul 16. Condiţiile de transplantare Articolul 17. Comisia independentă de avizare Articolul 18. Atribuţiile Comisiei independente de avizare
* Monitorul Oficial nr.81/273 din 25.04.2008
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Articolul 19. Protecţia persoanelor incapabile de a-şi exprima consimţămîntul referitor la prelevarea de organe, ţesuturi sau celule Articolul 20. Autorizarea procedurii de donare de la un donator în viaţă
Capitolul VI SELECTAREA DONATORILOR ŞI STOCAREA ŢESUTURILOR ŞI CELULELOR
Articolul 21. Selectarea şi examenul medical al donatorilor Articolul 22. Stocarea, distribuţia şi utilizarea ţesuturilor şi celulelor
Capitolul VII CODIFICAREA INFORMAŢIEI ŞI TRASABILITATEA. ASIGURAREA DREPTULUI DO- NATORILOR ŞI RECIPIENŢILOR LA INFORMARE
Articolul 23. Codificarea informaţiei şi trasabilitatea Articolul 24. Acordarea informaţiilor privind donarea şi transplantul de organe, ţesuturi şi celule Articolul 25. Confidenţialitatea informaţiei Articolul 26. Cazuri speciale de comunicare a informaţiei
Capitolul VIII INTERZICEREA OBŢINERII DE PROFITURI
Articolul 27. Interzicerea obţinerii de profituri financiare Articolul 28. Interzicerea traficului de organe, ţesuturi şi celule umane
Capitolul IX FINANŢAREA ACTIVITĂŢILOR ÎN DOMENIUL TRANSPLANTULUI
Articolul 29. Modalităţile de finanţare Articolul 30. Transparenţa finanţării
Capitolul X RĂSPUNDEREA JURIDICĂ ŞI SOLUŢIONAREA LITIGIILOR
Articolul 31. Răspunderea instituţiilor medicale şi a personalului Articolul 32. Soluţionarea litigiilor
Capitolul XI DISPOZIŢII FINALE
Articolul 33. Îndatoririle Guvernului Articolul 34. Intrarea în vigoare. Abrogări În scopul asigurării protecţiei drepturilor donatorilor şi beneficiarilor de organe, ţesuturi şi celule umane, facilitării transplantului de organe, ţesuturi şi celule, contribuirii la salvarea vieţii omeneşti sau la ameliorarea considerabilă a calităţii ei, precum şi în scopul prevenirii comercializării părţilor corpului uman, în temeiul art.36 din Constituţia Republicii Moldova, Parlamentul adoptă prezenta lege organică.
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Capitolul I DISPOZIŢII GENERALE Articolul 1. Obiectul de reglementare Prezenta lege constituie cadrul juridic de reglementare a transplantului tuturor organelor, ţesuturilor şi ce- lulelor umane, cu excepţia organelor reproductive, ţesuturilor, celulelor şi organelor embrionare sau fetale, sîn- gelui şi derivatelor din sînge.
Articolul 2. Noţiuni de bază În sensul prezentei legi se definesc următoarele noţiuni: organ – o parte vitală diferenţiată a corpului uman, formată din diferite ţesuturi care îi menţin structura, vascularizarea şi dezvoltă funcţiile fiziologice cu un important nivel de autonomie; ţesuturi – toate părţile (formaţiunile anatomice) ale corpului uman formate din celule; celule – celule individuale sau conglomerat de celule care nu sînt legate prin nici o formă de ţesut; prelevare – procedeu prin care organele, ţesuturile sau celulele donate devin utile pentru transplant; transplant – activitate medicală cu scop de reconstituire a funcţiei organismului uman prin transfer echiva- lent de organe, ţesuturi şi celule de la un donator la un recipient. Transplantul poate fi de la o persoană la alta (alogenic) sau de la sine la sine (autolog); donator – subiectul în viaţă sau decedat de la care se prelevă organe, ţesuturi şi/sau celule în scop terapeutic; recipient – subiectul care beneficiază de transplant de organe şi/sau ţesuturi, şi/sau celule umane; bancă de ţesuturi – unitate specializată a unui spital sau instituţie care desfăşoară activităţi de prelucrare, conservare, stocare şi distribuţie a ţesuturilor şi celulelor umane.
Articolul 3. Principiile de bază în domeniul transplantului Principiile de bază în domeniul transplantului sînt: a) protecţia demnităţii şi identităţii fiinţei umane şi garantarea fiecărei persoane, fără discriminare, a respec- tării integrităţii şi altor drepturi şi libertăţi fundamentale în cazul transplantului de organe, ţesuturi şi celule; b) beneficiul terapeutic al recipientului prin oportunitatea transplantului de organe, ţesuturi şi celule de la un donator în viaţă sau decedat exclusiv în cazul dacă nu există metode terapeutice cu eficienţă comparabilă; c) asigurarea calităţii, prin respectarea standardelor şi obligaţiilor profesionale, în orice intervenţii în dome- niul transplantului de organe, ţesuturi şi celule; d) trasabilitatea, prin garantarea identificării organelor, ţesuturilor şi celulelor destinate transplantului, în procesul prelevării, stocării şi distribuţiei, de la donator la recipient şi viceversa; e) apărarea drepturilor şi libertăţilor persoanei şi prevenirea comercializării părţilor corpului uman; f) accesul echitabil al pacienţilor la serviciile de transplant.
Capitolul II ORGANIZAREA ACTIVITĂŢII ÎN DOMENIUL TRANSPLANTULUI Articolul 4. Agenţia de Transplant (1) Agenţia de Transplant, denumită în continuare Agenţie, este o instituţie publică cu statut de persoană juridică, subordonată Ministerului Sănătăţii, care realizează politicile şi programele naţionale de transplant de organe, ţesuturi şi celule umane, asigurînd pacienţilor acces egal la serviciile de transplant. Agenţia este respon- sabilă de organizarea şi supravegherea tuturor activităţilor de transplant la nivel naţional, inclusiv: a) donarea şi prelevarea de organe, ţesuturi şi celule; b) întocmirea şi ţinerea listelor de aşteptare ale recipienţilor; c) întocmirea şi ţinerea Registrului donatorilor de organe; d) distribuţia organelor, ţesuturilor sau celulelor; e) schimbul şi transportul de organe, ţesuturi şi celule la nivel naţional şi internaţional; f) selectarea instituţiilor şi echipelor de transplant;
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g) asigurarea implementării standardelor de calitate şi siguranţă cu privire la organe, ţesuturi şi celule; h) asigurarea trasabilităţii tuturor organelor, ţesuturilor şi celulelor; i) monitorizarea şi verificarea rezultatelor procedurilor de transplant; j) instruirea personalului medical şi informarea publicului larg în probleme de transplant. (2) Regulamentul de organizare şi funcţionare, structura şi efectivul-limită al Agenţiei se aprobă de Guvern.
Articolul 5. Modul de distribuţie a organelor, ţesuturilor şi celulelor (1) Organele, ţesuturile şi celulele vor fi distribuite pacienţilor conform listelor de aşteptare, în baza regulilor de distribuţie, aprobate prin ordin al ministrului sănătăţii. (2) Dacă în listă nu va fi identificat un recipient compatibil, Agenţia poate autoriza distribuţia organului, ţesutului, celulelor unei alte instituţii de transplant, recunoscute la nivel naţional sau internaţional, cu care a încheiat acorduri bilaterale. (3) Agenţia are dreptul exclusiv de a autoriza importul organelor, ţesuturilor şi celulelor destinate transplan- tului şi întreprinde toate măsurile ca acestea să corespundă standardelor de calitate şi siguranţă.
Articolul 6. Controlul calităţii (1) Agenţia stabileşte şi menţine un sistem de control al calităţii şi de testare a tuturor activităţilor de donare, prelevare, conservare, testare, stocare şi distribuţie pentru a garanta calitatea şi siguranţa organelor, ţesuturilor şi celulelor folosite pentru transplant. Măsurile de control şi modalităţile de inspecţie se aprobă de Agenţie. (2) În scopul garantării calităţii şi siguranţei organelor, ţesuturilor şi celulelor care urmează a fi prelevate şi trans- plantate, Agenţia este în drept să organizeze inspecţii şi să pună în aplicare măsuri de control adecvate privitor la: a) activitatea băncilor de ţesuturi, incluzînd procedurile şi activităţile efectuate în acestea în conformitate cu prezenta lege; b) documente sau la alte înregistrări ce se fac în conformitate cu prezenta lege; c) cazurile de reacţii şi efecte adverse grave. (3) Inspecţiile vor fi organizate ori de cîte ori este necesar, dar nu mai rar de o dată pe an.
Articolul 7. Identificarea, raportarea şi investigarea efectelor adverse ale transplantului (1) Agenţia stabileşte un sistem de identificare, raportare şi investigare a efectelor adverse grave ale trans- plantului. Informaţia despre cazurile de efecte adverse va fi adusă la cunoştinţa tuturor medicilor specialişti implicaţi în transplant, precum şi a instituţiilor de transplant. (2) Persoanele şi instituţiile autorizate în domeniul transplantului sînt obligate să raporteze imediat Agenţiei despre cazurile de identificare a efectelor adverse ale transplantului.
Capitolul III AUTORIZAREA ACTIVITĂŢII DE PRELEVARE ŞI DE TRANSPLANT AL ORGANELOR, ŢESUTURILOR ŞI CELULELOR Articolul 8. Activitatea de transplant Orice activitate de transplant va fi desfăşurată la cel mai înalt nivel profesional şi conform standardelor etice.
Articolul 9. Autorizarea prelevării şi transplantului (1) Prelevarea şi conservarea de organe, ţesuturi şi celule pentru transplant vor fi efectuate exclusiv în insti- tuţii medico-sanitare publice autorizate de Ministerul Sănătăţii, la propunerea Agenţiei. Criteriile de autorizare se aprobă de Guvern. (2) Dreptul de a preleva organe, ţesuturi şi celule pentru transplant îl au doar medicii autorizaţi de Ministe- rul Sănătăţii, la propunerea Agenţiei, conform criteriilor aprobate de Guvern. (3) Transplantul de organe, ţesuturi şi celule se permite numai în instituţii medico-sanitare publice autoriza- te de Ministerul Sănătăţii, la propunerea Agenţiei. Criteriile de autorizare se aprobă de Guvern.
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(4) Instituţiile medico-sanitare autorizate să efectueze prelevarea şi transplantul de organe, ţesuturi şi celule sînt obligate să prezinte rapoarte despre activitatea în cauză în modul stabilit de Ministerul Sănătăţii.
Capitolul IV PRELEVAREA DE ORGANE, ŢESUTURI ŞI CELULE DE LA CADAVRU Articolul 10. Condiţiile prelevării de la cadavru Organele, ţesuturile şi celulele pot fi prelevate de la persoana decedată numai în cazul în care decesul a fost confirmat potrivit criteriilor stabilite de Ministerul Sănătăţii.
Articolul 11. Modalităţile de confirmare a decesului În cazul apariţiei unui potenţial donator este necesar de a confirma decesul acestuia pînă la iniţierea proce- durii legale de donare. Decesul va fi confirmat prin una din următoarele proceduri: a) după un stop cardiorespirator, iresuscitabil şi ireversibil, la o persoană cu temperatura normală sau aproape normală, decesul se confirmă la un interval de minimum 5 minute după efectuarea tuturor măsurilor de reanimare, pe parcursul cărora toate testele demonstrează fără dubii că nu există circulaţie sangvină spre creier şi organele vitale; b) la persoana cu schimbări ireversibile în centrele vitale ale creierului, decesul se confirmă prin teste (cri- terii) specifice, aprobate de Ministerul Sănătăţii, în timp ce funcţia cardiorespiratorie este menţinută artificial.
Articolul 12. Personalul medical care confirmă decesul Medicii care confirmă decesul unui potenţial donator vor fi alţii decît medicii care participă nemijlocit la prelevarea unui oarecare organ, ţesut sau celulă, participă la procedurile ulterioare de transplant sau sînt res- ponsabili de îngrijirea unui potenţial recipient.
Articolul 13. Consimţămîntul pentru donare (1) Prelevarea este posibilă în cazul în care există consimţămîntul persoanei respective de dinainte de deces, exprimat în conformitate cu legea. (2) Prelevarea nu se poate efectua sub nici o formă dacă, în timpul vieţii, persoana decedată şi-a exprimat opţiunea împotriva donării printr-un act de refuz, întocmit în formă olografă sau în altă formă legală. (3) În cazul în care consimţămîntul lipseşte, donarea este posibilă dacă nu a fost exprimat refuz în scris pen- tru donare din partea a cel puţin unui membru major al familiei, a altor rude de gradul I sau a reprezentantului legal al decedatului. (4) Donarea este posibilă fără consimţămîntul rudelor apropiate sau al reprezentantului legal dacă nici una din rudele apropiate sau reprezentantul legal, după declararea legală a decesului, nu s-a adresat pentru a-şi exprima opţiunea cu privire la donare, iar date despre rudele apropiate sau reprezentantul legal al persoanei decedate lipsesc. (5) Prelevarea de organe, ţesuturi şi celule de la cadavru în cazurile medico-legale se va face cu consimţă- mîntul medicului legist, cu condiţia că nu va compromite rezultatele autopsiei medico-legale.
Articolul 14. Respectul pentru corpul uman Medicii care au efectuat prelevarea de organe, ţesuturi şi celule de la o persoană decedată vor asigura resta- urarea cadavrului şi a fizionomiei sale prin îngrijiri şi mijloace specifice, inclusiv chirurgicale, în caz de necesi- tate, în scopul obţinerii unei înfăţişări demne a corpului defunctului.
Capitolul V CONDIŢIILE DE PRELEVARE DE ORGANE, ŢESUTURI ŞI CELULE DE LA UN DONATOR ÎN VIAŢĂ. ATRIBUŢIILE COMISIEI INDEPENDENTE DE AVIZARE Articolul 15. Condiţiile de prelevare de la un donator în viaţă (1) Prelevarea de organe, ţesuturi şi celule de la un donator în viaţă este permisă doar în cazul în care lipsesc organe, ţesuturi sau celule compatibile de la un cadavru.
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(2) Prelevarea de organe, ţesuturi şi celule se poate efectua de la persoane în viaţă, avînd capacitate de exerci- ţiu deplină, doar în cazul existenţei consimţămîntului scris, liber, prealabil şi expres al acestora şi cu autorizarea Comisiei independente de avizare. (3) Consimţămîntul în cauză se semnează numai după ce donatorul a fost informat de către medic asupra eventualelor riscuri şi consecinţe de ordin fizic, psihic, familial şi profesional, rezultate din actul prelevării. (4) Consimţămîntul pentru donare se va exprima în conformitate cu legislaţia privind drepturile şi respon- sabilităţile pacientului şi se va perfecta sub formă de acord informat, al cărui model se aprobă de Guvern.
Articolul 16. Condiţiile de transplantare (1) Transplantul se efectuează numai în scop terapeutic dacă nu există o metodă terapeutică alternativă de eficacitate comparabilă. Transplantul urmează a fi efectuat cu consimţămîntul scris al recipientului după ce acesta a fost informat asupra eventualelor riscuri şi consecinţe. (2) În cazul minorilor sau persoanelor lipsite de capacitate de exerciţiu, consimţămîntul va fi dat de către părinţi sau de către reprezentantul legal al acestora. (3) În cazul în care recipientul se află în imposibilitatea de a-şi exprima în scris consimţămîntul datorită unor împrejurări obiective şi nu se poate lua legătura în timp util cu familia, iar întîrzierea ar conduce inevitabil la decesul pacientului, transplantul se va efectua fără consimţămîntul recipientului.
Articolul 17. Comisia independentă de avizare (1) Prelevarea de organe, ţesuturi şi celule de la un donator în viaţă se efectuează cu autorizarea obligatorie a Comisiei independente de avizare. (2) Comisia independentă de avizare se creează pe lîngă Ministerul Sănătăţii şi activează în baza unui regu- lament aprobat de Guvern. (3) Comisia independentă de avizare va fi compusă din reprezentanţi ai consiliului de experţi al Ministe- rului Sănătăţii, un psiholog, un medic psihiatru, un reprezentant al Comitetului de etică, un reprezentant al Ministerului Afacerilor Interne specializat în problemele combaterii traficului de fiinţe umane, un reprezentant al Procuraturii Generale. În componenţa comisiei nu pot fi incluse persoane încadrate în activităţile Agenţiei. Componenţa nominală a comisiei se aprobă de Guvern.
Articolul 18. Atribuţiile Comisiei independente de avizare (1) Comisia independentă de avizare verifică respectarea drepturilor pacienţilor prevăzute de legislaţia pri- vind drepturile şi responsabilităţile pacientului, apreciază oportunitatea efectuării procedurii de prelevare, eva- luează legalitatea şi motivaţia procedurii de donare, asigurîndu-se că donatorul: a) este informat referitor la natura procedurii, la eventualele riscuri şi consecinţe; b) conştientizează procedura şi eventualele riscuri; c) este informat despre ilegalitatea acceptării unei recompense băneşti pentru donare şi că este în drept de a fi compensat pentru orice pagubă (daună) ce poate rezulta din procedura de donare, ţinîndu-se cont de anu- mite cheltuieli sau pierderi care urmează a fi rambursate; d) nu este constrîns în nici un fel să doneze organe, ţesuturi sau celule; e) conştientizează faptul că îşi poate retrage liber consimţămîntul pînă la începerea procedurii de donare. (2) Comisia independentă de avizare verifică şi apreciază dacă recipientul: a) conştientizează natura şi riscurile atît ale procedurii de prelevare de la donator, cît şi ale procedurii de transplant; b) este informat despre faptul că oferirea unei recompense pentru donare sau constrîngerea, cu aplicarea violenţei ori cu ameninţarea de a o aplica, pentru donarea de organe, ţesuturi sau celule în scopul transplantului sau în alte scopuri sînt ilegale; c) este informat despre faptul că donatorul îşi poate retrage liber şi oricînd consimţămîntul pentru donare. (3) Comisia independentă de avizare controlează dacă donarea se face în scop umanitar, are caracter altruist şi nu constituie obiectul unei tranzacţii materiale.
Articolul 19. Protecţia persoanelor incapabile de a-şi exprima consimţămîntul referitor la prel
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evarea de organe, ţesuturi sau celule (1) Nu pot fi prelevate organe, ţesuturi sau celule de la o persoană care nu are capacitatea de a-şi exprima consimţămîntul; excepţie constituie prelevarea ţesuturilor sau celulelor regenerative. În acest caz, prelevarea va fi autorizată de Comisia independentă de avizare, cu acordul reprezentanţilor legali ai donatorului sau al autorităţii tutelare, cu condiţia că donarea va fi în beneficiul persoanei cu care donatorul se află în legătură de rudenie de gradul I (pentru donatorul minor, aceştia sînt fratele, sora), iar procedura în cauză comportă un risc minimal pentru donator. (2) Prelevarea de ţesuturi sau celule regenerative de la minori se poate face numai cu consimţămîntul auto- rităţii tutelare sau al fiecăruia dintre reprezentanţii legali ai minorului. (3) Refuzul scris, verbal sau în orice alt mod al minorului împiedică orice prelevare.
Articolul 20. Autorizarea procedurii de donare de la un donator în viaţă Procedura de donare de la un donator în viaţă se autorizează de Comisia independentă de avizare dacă do- narea propusă întruneşte condiţiile legale şi este acceptabilă din punct de vedere etic.
Capitolul VI SELECTAREA DONATORILOR ŞI STOCAREA ŢESUTURILOR ŞI CELULELOR Articolul 21. Selectarea şi examenul medical al donatorilor (1) Toţi donatorii selectaţi pentru prelevare vor trece în mod obligatoriu controlul clinic şi de laborator, care să excludă orice boală infecţioasă, o posibilă contaminare sau risc pentru recipient. (2) Prelevarea de organe, ţesuturi şi celule se permite doar în cazul în care donatorii au trecut examenul me- dical şi au fost testaţi la prezenţa bolilor transmisibile, în conformitate cu standardele internaţionale în domeniu.
Articolul 22. Stocarea, distribuţia şi utilizarea ţesuturilor şi celulelor (1) Ţesuturile şi celulele prelevate, în cazul în care nu sînt folosite imediat pentru transplant, vor fi prelucrate, conservate, stocate şi distribuite băncilor de ţesuturi autorizate de Agenţie. Banca de ţesuturi răspunde de lega- litatea obţinerii şi de controlul ţesuturilor şi al celulelor. (2) Ţesuturile şi celulele pot fi importate şi exportate numai de băncile de ţesuturi autorizate de Agenţie. (3) Toate băncile de ţesuturi autorizate vor activa conform standardelor internaţionale, fiind inspectate cel puţin o dată la doi ani. (4) Cu scop de transplant pot fi folosite ţesuturile şi celulele primite din băncile de ţesuturi autorizate, in- clusiv importate.
Capitolul VII CODIFICAREA INFORMAŢIEI ŞI TRASABILITATEA. ASIGURAREA DREPTULUI DONATORILOR ŞI RECIPIENŢILOR LA INFORMARE Articolul 23. Codificarea informaţiei şi trasabilitatea (1) În scopul asigurării trasabilităţii tuturor ţesuturilor şi celulelor, Agenţia va institui un sistem unic de co- dificare care să furnizeze informaţii privind principalele caracteristici şi proprietăţi ale ţesuturilor şi celulelor. Cerinţa de trasabilitate se aplică şi tuturor datelor pertinente privind produsele şi materialele care vin în contact cu aceste ţesuturi şi celule. (2) Agenţia va asigura instituirea unui sistem de identificare a donatorului, în cadrul căruia fiecărei donări şi fiecăruia dintre produsele asociate acesteia îi va fi atribuit un cod unic. (3) Ţesuturile şi celulele vor fi identificate cu ajutorul unei etichete conţinînd informaţii sau referinţe care permit stabilirea unei legături cu informaţiile privind procedurile de obţinere a ţesuturilor şi/sau a celulelor, preluările de către banca de ţesuturi, precum şi privind prelucrarea, stocarea şi distribuţia ţesuturilor şi celulelor.
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(4) Băncile de ţesuturi păstrează datele necesare pentru a asigura trasabilitatea în toate etapele. Datele nece- sare pentru trasabilitatea completă se păstrează cel puţin 30 de ani după utilizarea clinică. Datele pot fi stocate şi în formă electronică. (5) Cerinţele de trasabilitate pentru ţesuturi şi celule, precum şi pentru produsele şi materialele care intră în contact cu acestea şi care le afectează calitatea sau siguranţa, se stabilesc de către Agenţie.
Articolul 24. Acordarea informaţiilor privind donarea şi transplantul de organe, ţesuturi şi celule (1) Medicii specialişti autorizaţi să preleve sau să transplanteze organe, ţesuturi şi celule vor oferi o infor- maţie precisă şi într-o formă înţeleasă donatorului şi recipientului sau persoanelor aflate în legătură de rudenie de gradul I cu aceştia. (2) Rudele apropiate ale donatorului decedat vor fi informate despre necesitatea efectuării testărilor pentru stabilirea compatibilităţii donatorului, precum şi despre consecinţele testărilor. (3) Donatorii în viaţă vor fi informaţi despre testările necesare pentru a stabili compatibilitatea donatorului, despre scopul şi natura prelevării, precum şi despre eventualele riscuri şi consecinţe. (4) Recipientului i se va oferi toată informaţia despre natura procedurii, precum şi despre eventualele riscuri şi consecinţe.
Articolul 25. Confidenţialitatea informaţiei (1) Toate datele cu caracter personal, inclusiv cele genetice, referitoare la persoana de la care au fost preleva- te organe, ţesuturi sau celule şi datele cu caracter personal referitoare la recipient, colectate în urma activităţii stipulate de prezenta lege, sînt confidenţiale. (2) Aceste date pot fi colectate, prelucrate şi comunicate doar în conformitate cu reglementările cu privire la confidenţialitatea informaţiei ce ţine de secretul medical şi la protecţia datelor cu caracter personal. (3) Se permite colectarea, prelucrarea şi comunicarea informaţiilor medicale despre donatori sau recipienţi în scopuri medicale şi în scopul asigurării trasabilităţii.
Articolul 26. Cazuri speciale de comunicare a informaţiei Informaţia despre donator poate fi comunicată recipientului, iar cea despre recipient - donatorului, dacă ambele părţi sînt de acord.
Capitolul VIII INTERZICEREA OBŢINERII DE PROFITURI Articolul 27. Interzicerea obţinerii de profituri financiare (1) Se interzice obţinerea de profituri financiare ca urmare a donării de organe, ţesuturi sau celule umane. (2) Donatorii pot primi o indemnizaţie care se limitează strict la acoperirea cheltuielilor şi a inconvenien- ţelor, şi anume: a) recompensarea donatorilor în viaţă în legătură cu pierderea veniturilor şi cu alte cheltuieli justificate, cauzate de donare sau de examinările medicale aferente; b) achitarea cheltuielilor justificate pentru serviciile medicale legale sau serviciile tehnice aferente donării. (3) Donarea şi transplantul de organe, ţesuturi şi celule nu pot constitui obiectul unei tranzacţii materiale. (4) Se interzice popularizarea necesităţii transplantului de organe, ţesuturi şi/sau celule în scopul de a pro- pune sau a obţine profituri financiare sau avantaje corespunzătoare.
Articolul 28. Interzicerea traficului de organe, ţesuturi şi celule umane (1) Se interzice traficul de organe, ţesuturi şi celule umane, precum şi obţinerea unor profituri financiare sau avantaje de la traficul corpului uman şi părţilor lui. (2) Traficul de organe, ţesuturi şi celule umane constituie infracţiune şi se pedepseşte în conformitate cu legislaţia penală.
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Capitolul IX FINANŢAREA ACTIVITĂŢILOR ÎN DOMENIUL TRANSPLANTULUI Articolul 29. Modalităţile de finanţare (1) Finanţarea Agenţiei se efectuează de la bugetul de stat. (2) Costul transplantului, investigaţiilor, spitalizării, intervenţiilor chirurgicale, tratamentului medicamen- tos, materialelor sanitare (igienice), îngrijirilor postoperatorii şi orice alte cheltuieli legate de transplant pot fi acoperite: a) din fondurile Companiei Naţionale de Asigurări în Medicină; b) de la bugetul de stat; c) din plăţi (taxe) ce revin pacienţilor, conform legii, pentru serviciile medicale; d) din donaţiile organizaţiilor de binefacere sau ale altor persoane juridice, precum şi ale persoanelor private ce nu sînt legate în mod direct de un transplant anume.
Articolul 30. Transparenţa finanţării Ministerul Sănătăţii şi Compania Naţională de Asigurări în Medicină vor asigura un sistem transparent de colectare, evidenţă şi utilizare a mijloacelor băneşti destinate transplantului.
Capitolul X RĂSPUNDEREA JURIDICĂ ŞI SOLUŢIONAREA LITIGIILOR Articolul 31. Răspunderea instituţiilor medicale şi a personalului (1) Dacă sănătatea donatorului sau a recipientului a fost afectată din cauza nerespectării standardelor, con- diţiilor şi modalităţilor legale de prelevare şi transplant de organe, ţesuturi şi/sau celule, instituţia medicală în cauză răspunde faţă de persoanele nominalizate în conformitate cu legea. (2) În caz de nerespectare a cerinţelor prezentei legi şi ale altor acte normative, medicii şi alte persoane implicate în procesul de autorizare, avizare, donare şi transplant de organe, ţesuturi şi celule umane răspund în conformitate cu legea.
Articolul 32. Soluţionarea litigiilor Litigiile care apar în procesul aplicării prezentei legi se soluţionează în modul prevăzut de legislaţie.
Capitolul XI DISPOZIŢII FINALE Articolul 33 Guvernul, în termen de 6 luni de la data intrării în vigoare a prezentei legi: a) va adopta actele normative necesare pentru implementarea prezentei legi şi asigurarea activităţii Agenţiei; b) va aduce actele sale normative în concordanţă cu prevederile prezentei legi.
Articolul 34 (1) Prezenta lege intră în vigoare la expirarea a 6 luni de la data publicării. (2) La data intrării în vigoare a prezentei legi se abrogă Legea nr.473-XIV din 25 iunie 1999 privind trans- plantul de organe şi ţesuturi umane.
PREŞEDINTELE PARLAMENTULUI, Marian LUPU Chişinău, 6 martie 2008. Nr.42-XVI.
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13. LEGE cu privire la protecţia martorilor şi altor participanţi la procesul penal nr.105-XVI din 16.05.2008*
CUPRINS
Capitolul I DISPOZIŢII GENERALE
Articolul 1. Sfera de reglementare Articolul 2. Noţiuni principale Articolul 3. Temeiurile pentru aplicarea măsurilor de protecţie a persoanei în procesul penal Articolul 4. Protejarea informaţiei
Capitolul II ORGANELE ABILITATE CU ATRIBUŢII DE PROTECŢIE A MARTORILOR ŞI ALTOR PARTICIPANŢI LA PROCESUL PENAL
Articolul 5. Organul abilitat cu protecţia martorilor Articolul 6. Atribuţiile organului abilitat Articolul 7. Atribuţiile organului de urmărire penală Articolul 8. Atribuţiile procurorului Articolul 9. Atribuţiile administraţiei locului de detenţie
Capitolul III PERSOANELE PROTEJATE
Articolul 10. Beneficiarii dreptului la protecţie Articolul 11. Drepturile persoanei protejate Articolul 12. Obligaţiile persoanei protejate
Capitolul IV MĂSURILE URGENTE, MĂSURILE DE PROTECŢIE ŞI MĂSURILE DE ASISTENŢĂ
Articolul 13. Măsurile urgente Articolul 14. Măsurile de protecţie Articolul 15. Protecţia datelor de identitate ale persoanei protejate Articolul 16. Audierea persoanei cu aplicarea modalităţilor speciale Articolul 17. Schimbarea domiciliului, a locului de muncă ori de studii Articolul 18. Schimbarea identităţii, schimbarea înfăţişării Articolul 19. Instalarea sistemului de alarmă Articolul 20. Schimbarea numărului de telefon Articolul 21. Asigurarea protecţiei bunurilor Articolul 22. Măsurile de asistenţă
* Monitorul Oficial nr.112-114/434 din 27.06.2008
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Capitolul V PROGRAMUL DE PROTECŢIE
Articolul 23. Condiţiile de includere în programul de protecţie Articolul 24. Iniţierea procedurii de includere în programul de protecţie Articolul 25. Hotărîrea cu privire la aplicarea măsurilor de protecţie Articolul 26. Decizia organului abilitat Articolul 27. Acordul de protecţie Articolul 28. Programul de protecţie Articolul 29. Încetarea programului de protecţie
Capitolul VI CONTROLUL ASUPRA EXERCITĂRII MĂSURILOR DE PROTECŢIE
Articolul 30. Controlul exercitat de procuror Articolul 31. Controlul exercitat de judecătorul de instrucţie
Capitolul VII COOPERAREA NAŢIONALĂ ŞI INTERNAŢIONALĂ
Articolul 32. Cooperarea naţională Articolul 33. Cooperarea internaţională
Capitolul VIII ASIGURAREA FINANCIARĂ A ACTIVITĂŢII DE PROTECŢIE A MARTORILOR
Articolul 34. Cheltuieli
Capitolul IX DISPOZIŢII FINALE ŞI TRANZITORII
Articolul 35. Intrarea în vigoare. Abrogări Articolul 36. Îndatoririle Guvernului
Parlamentul adoptă prezenta lege organică.
Capitolul I DISPOZIŢII GENERALE Articolul 1. Sfera de reglementare Prezenta lege prevede asigurarea securităţii participanţilor la procesul penal a căror viaţă, integritate cor- porală, libertate ori proprietate sînt ameninţate ca urmare a faptului că deţin date pe care au acceptat să le furnizeze organelor judiciare şi care constituie probe concludente cu privire la săvîrşirea unor infracţiuni grave, deosebit de grave sau excepţional de grave.
Articolul 2. Noţiuni principale (1) În sensul prezentei legi, următoarele noţiuni principale semnifică:
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1) persoană protejată – persoană cu care s-a încheiat un acord de protecţie în condiţiile prezentei legi şi care are statut procesual de: a) martor în cauză penală aflată în fază de urmărire penală sau de judecată, potrivit art.90 din Codul de procedură penală; b) parte vătămată în cauză penală aflată în fază de urmărire penală sau de judecată, potrivit art.59 din Codul de procedură penală; c) victimă în cauză penală aflată în fază de urmărire penală sau de judecată, care acceptă să coopereze pînă la începerea procesului penal; d) bănuit, învinuit, inculpat care acceptă să depună declaraţii ce pot constitui probe concludente cu privire la o infracţiune gravă, deosebit de gravă sau excepţional de gravă ori să furnizeze informaţii privind pregătirea unor infracţiuni grave, deosebit de grave sau excepţional de grave; e) condamnat în timpul executării unei pedepse privative de libertate care acceptă să depună declaraţii ce pot constitui probe concludente cu privire la o infracţiune gravă, deosebit de gravă sau excepţional de gravă ori să furnizeze informaţii privind pregătirea unor infracţiuni grave, deosebit de grave sau excepţional de grave; f) persoană care nu are o calitate procesuală, dar care acceptă să furnizeze informaţii privitor la pregătirea unor infracţiuni grave, deosebit de grave sau excepţional de grave. Notă. La cererea persoanelor indicate la lit.a)-f), de asemenea pot fi persoane protejate rudele apropiate şi mem- brii lor de familie în condiţiile prezentei legi; 2) stare de pericol – situaţie în care se află persoanele, în sensul pct.1), a căror viaţă, integritate corporală, li- bertate sau proprietate sînt ameninţate ca urmare a furnizării de date ori a acceptării cooperării în proces penal; 3) acceptare a cooperării – acord al persoanelor menţionate în pct.1) de a furniza date care constituie probe concludente cu privire la săvîrşirea unor infracţiuni grave, deosebit de grave sau excepţional de grave ori alte informaţii pînă la începerea procesului penal; 4) program de protecţie – ansamblu al măsurilor de protecţie aplicate de către organul abilitat cu protecţia martorilor, cu acordul persoanei protejate, în scopul protecţiei vieţii, integrităţii corporale şi sănătăţii acesteia, în condiţiile prevăzute de prezenta lege, luîndu-se în considerare personalitatea martorului, informaţia pe care o deţine, pericolul existent sau eventual; 5) măsuri de protecţie – măsurile prevăzute la art.13, aplicate în cadrul programului de protecţie exclusiv de către organul abilitat cu protecţia martorilor; 6) măsuri urgente – activităţi specifice desfăşurate de către organul de urmărire penală, de procurorul care exercită urmărirea penală ori de procurorul ierarhic superior, de administraţia locului de detenţie sau, după caz, de organul abilitat cu protecţia martorilor imediat ce se constată starea de pericol la care este expusă persoana; 7) acord de protecţie – înţelegere confidenţială scrisă între persoana protejată şi organul abilitat cu protecţia martorilor privind măsurile care trebuie aplicate în scopul protecţiei persoanei, privind atribuţiile părţilor şi circumstanţele de încetare a protecţiei; 8) maximă siguranţă a confidenţialităţii - asigurare a securităţii informaţiei în conformitate cu art.7 al Legii nr.106-XIII din 17 mai 1994 cu privire la secretul de stat; 9) rude apropiate – persoanele enumerate la art.6 pct.41) din Codul de procedură penală; 10) membri de familie – rudele directe, rudele prin afinitate, tutorele, curatorul, persoana aflată sub tutelă sau curatelă, logodnicul, logodnica, persoanele aflate în concubinaj; 11) hotărîre cu privire la aplicarea măsurilor de protecţie – ordonanţă a procurorului ori încheiere judecăto- rească cu privire la aplicarea măsurilor de protecţie a participanţilor la proces, emisă în condiţiile Codului de procedură penală; 12) decizie a organului abilitat – act emis de şeful organului abilitat cu protecţia martorilor în cadrul pro- gramului de protecţie. (2) Alte noţiuni şi expresii utilizate în prezenta lege corespund după sens noţiunilor şi expresiilor utilizate în Codul penal, în Codul de procedură penală şi în Codul de executare.
Articolul 3. Temeiurile pentru aplicarea măsurilor de protecţie a persoanei în procesul penal Temeiuri pentru aplicarea măsurilor de protecţie a persoanei în procesul penal servesc următoarele: a) existenţa stării de pericol în privinţa persoanelor enumerate la art.2 pct.1);
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b) depunerea ori acceptarea depunerii unor declaraţii privitor la infracţiuni grave, deosebit de grave sau excepţional de grave, fie depunerea ori acceptarea depunerii unei informaţii pînă la începerea procesului penal; c) declaraţiile ce constituie probe concludente în descoperirea infracţiunilor sau în judecarea obiectivă a cauzei penale.
Articolul 4. Protejarea informaţiei (1) Informaţia despre identitatea reală ori alte date privind persoana protejată se păstrează în condiţii de ma- ximă siguranţă a confidenţialităţii, în conformitate cu prezenta lege şi cu art.215 din Codul de procedură penală. (2) Divulgarea informaţiei despre persoana protejată se pedepseşte potrivit legislaţiei în vigoare. Persoanele care participă la programul de protecţie semnează o declaraţie de confidenţialitate în acest sens.
Capitolul II ORGANELE ABILITATE CU ATRIBUŢII DE PROTECŢIE A MARTORILOR ŞI ALTOR PARTICIPANŢI LA PROCESUL PENAL Articolul 5. Organul abilitat cu protecţia martorilor Organul abilitat cu protecţia martorilor şi altor participanţi la procesul penal funcţionează ca subdiviziune a Ministerului Afacerilor Interne.
Articolul 6. Atribuţiile organului abilitat (1) Organul abilitat are următoarele atribuţii: a) asigură executarea hotărîrii cu privire la aplicarea măsurilor de protecţie, emise în conformitate cu art.215 alin.(2) din Codul de procedură penală; b) emite decizie privind aplicarea măsurilor de protecţie; c) identifică soluţiile necesare şi suficiente în scopul aplicării măsurilor de protecţie optime; d) elaborează, în comun cu persoana protejată, programul de protecţie; e) întocmeşte acordul de protecţie, care urmează a fi semnat de conducătorul organului abilitat şi de per- soana protejată; f) organizează bază de date proprie cu privire la persoanele incluse în program şi la măsurile de protecţie aplicate, asigurînd o maximă siguranţă a confidenţialităţii; g) aplică măsurile de protecţie conform programului de protecţie; h) efectuează alte acţiuni prevăzute în programul de protecţie; i) aplică, după caz, măsuri urgente sau măsuri de asistenţă stipulate în prezenta lege; j) gestionează fonduri de la bugetul de stat şi din surse de finanţare externe, necesare realizării programului de protecţie. (2) Dacă nu există alte modalităţi de realizare a atribuţiilor sale, organul abilitat poate schimba identitatea angajaţilor săi ori proprietatea sa imobiliară şi bunurile mobile folosite de angajaţi în procesul de implementare a anumitor măsuri, în conformitate cu prezenta lege. (3) Organul abilitat cooperează cu organele de protecţie a martorilor din alte state, asigură instruirea con- tinuă a angajaţilor săi. (4) Organul abilitat emite acte departamentale privind administrarea bazelor de date, modalităţile de asigu- rare a maximei siguranţe a confidenţialităţii, alte acte menite să asigure aplicarea eficientă a măsurilor de pro- tecţie. Actele departamentale elaborate de organul abilitat trebuie să fie conforme actelor internaţionale unanim recunoscute în domeniu, Constituţiei Republicii Moldova, Codului de procedură penală.
Articolul 7. Atribuţiile organului de urmărire penală (1) În efectuarea urmăririi penale, organul de urmărire penală este abilitat cu atribuţia de a aplica din oficiu măsurile urgente sau măsurile de asistenţă prevăzute în prezenta lege, cu informarea imediată sau în cel mult 24 de ore a procurorului şi a organului abilitat. (2) În cazul în care constată necesitatea aplicării măsurilor de protecţie, organul de urmărire penală propune procurorului emiterea unei hotărîri privind aplicarea măsurilor respective.
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Articolul 8. Atribuţiile procurorului (1) Procurorul care conduce urmărirea penală şi procurorul ierarhic superior sînt abilitaţi cu atribuţia de a aplica din oficiu măsurile urgente sau măsurile de asistenţă prevăzute în prezenta lege, cu informarea imediată sau în cel mult 24 de ore a organului abilitat. (2) La propunerea organului de urmărire penală sau din oficiu, procurorul care conduce urmărirea penală ori procurorul ierarhic superior emite o hotărîre privind aplicarea măsurilor de protecţie în condiţiile art.215 din Codul de procedură penală.
Articolul 9. Atribuţiile administraţiei locului de detenţie (1) Administraţia locului de detenţie este abilitată cu atribuţia de a aplica măsurile urgente şi măsurile de asistenţă prevăzute în prezenta lege, cu informarea imediată sau în cel mult 24 de ore a procurorului şi a orga- nului abilitat. (2) Măsurile de protecţie a persoanelor care se află în detenţie se dispun de organul abilitat şi se execută de administraţia locului de detenţie în comun cu Departamentul Instituţiilor Penitenciare al Ministerului Justiţiei.
Capitolul III PERSOANELE PROTEJATE Articolul 10. Beneficiarii dreptului la protecţie De dreptul la protecţie beneficiază persoanele indicate la art.2 pct.1).
Articolul 11. Drepturile persoanei protejate Persoana protejată are dreptul: a) să solicite protecţie în cazul în care există temeiuri rezonabile de a considera că ea însăşi ori membrii ei de familie sînt sau pot fi ameninţaţi cu moartea, cu aplicarea violenţei, cu deteriorarea sau distrugerea bunurilor ori cu alte acte ilegale; b) să propună reprezentantului organului abilitat aplicarea unei anumite măsuri de protecţie; c) să refuze aplicarea unei măsuri de protecţie în cazul în care aceasta contravine convingerilor sale morale şi religioase sau normelor de etică; d) să semneze acordul de protecţie; e) să fie informată cu privire la toate măsurile de protecţie care îi pot fi aplicate şi cu privire la drepturile şi obligaţiile sale.
Articolul 12. Obligaţiile persoanei protejate (1) Persoana protejată este obligată: a) să furnizeze informaţiile pe care le deţine prin depunere a declaraţiilor sau sesizărilor la organele de ur- mărire ori a declaraţiilor în instanţă de judecată; b) să se conformeze măsurilor de protecţie prevăzute în programul de protecţie, îndeplinindu-le cu stricteţe; c) să nu divulge datele privind măsurile de protecţie, alte date referitoare la programul de protecţie menţio- nate în acordul de protecţie; d) să se abţină de la orice acţiune care ar putea pune în pericol realizarea programului de protecţie, inclusiv să nu comunice cu anumite persoane fără permisiunea organului abilitat; e) să informeze organul abilitat despre orice schimbare apărută în viaţa personală, precum şi despre apariţia unor circumstanţe care ar putea pune în pericol realizarea programului de protecţie. (2) În funcţie de caz, în acordul de protecţie pot fi incluse, de comunul acord al părţilor, şi alte obligaţii ale participantului la program, respectîndu-se proporţionalitatea cu necesităţile situaţiei.
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Capitolul IV MĂSURILE URGENTE, MĂSURILE DE PROTECŢIE ŞI MĂSURILE DE ASISTENŢĂ Articolul 13. Măsurile urgente (1) Organul de urmărire penală sau administraţia locului de detenţie poate lua măsuri urgente faţă de par- ticipantul la procesul penal aflat în stare de pericol, care necesită măsuri imediate de asigurare a securităţii. (2) În cazul aplicării măsurilor urgente, se informează, imediat sau în cel mult 24 de ore de la emiterea deciziei, procurorul care conduce urmărirea penală sau, după caz, procurorul care efectuează controlul asupra respectării legislaţiei în locul de detenţie. (3) Măsurile urgente aplicate, în privinţa persoanei protejate, de organul de urmărire penală constau în: a) asigurarea pazei personale, pazei locuinţei, a reşedinţei ori a bunurilor; b) interceptarea comunicărilor ei în condiţiile Codului de procedură penală; c) supravegherea prin intermediul mijloacelor audio/video în condiţiile Codului de procedură penală; d) plasarea temporară într-un loc sigur; e) protejarea deplasării sau limitarea deplasării; f) eliberarea mijloacelor speciale active şi pasive de protecţie personală; g) instalarea tehnicii speciale de semnalizare în locul de detenţie. (4) Măsurile urgente aplicate, în privinţa persoanei protejate, de administraţia locului de detenţie constau în: a) plasarea într-un loc, special amenajat în acest scop; b) transferul la un alt loc de detenţie; c) transportarea cu aplicarea unor măsuri mai riguroase de protecţie. (5) În funcţie de caz, organul care aplică măsurile urgente poate stabili termenul lor de acţiune. (6) Măsurile urgente pot fi aplicate singure sau cumulat, inclusiv cu măsurile de asistenţă.
Articolul 14. Măsurile de protecţie (1) În cadrul procesului penal pot fi aplicate, în privinţa persoanei protejate, următoarele măsuri de protecţie: a) protecţia datelor de identitate; b) audierea cu aplicarea unor modalităţi speciale; c) schimbarea domiciliului sau locului de muncă ori de studii; d) schimbarea identităţii, schimbarea înfăţişării; e) instalarea unui sistem de alarmă la locuinţă sau reşedinţă; f) schimbarea numărului de telefon; g) asigurarea protecţiei bunurilor. (2) Măsurile de protecţie pot fi aplicate singure sau cumulat, inclusiv cu măsurile urgente şi/sau cu măsurile de asistenţă.
Articolul 15. Protecţia datelor de identitate ale persoanei protejate (1) Protecţia datelor de identitate ale persoanei protejate se asigură prin nedivulgarea informaţiei referitoare la ea. (2) În decizia de aplicare a măsurilor respective de protecţie şi în acordul de protecţie se precizează propor- ţia de nedivulgare a datelor de identitate, precum şi, după caz, perioada de aplicare a măsurilor.
Articolul 16. Audierea persoanei cu aplicarea modalităţilor speciale Audierea persoanei cu aplicarea modalităţilor speciale se efectuează în conformitate cu prevederile art.110 din Codul de procedură penală.
Articolul 17. Schimbarea domiciliului, a locului de muncă ori de studii (1) Schimbarea domiciliului constă în trecerea persoanei cu domiciliul permanent în o altă localitate din Republica Moldova. În baza acordurilor interstatale de asistenţă juridică internaţională în materie penală, per- soana poate trece cu traiul în o altă ţară.
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(2) Persoana care execută o pedeapsă privativă de libertate poate fi transferată la un alt penitenciar din Re- publica Moldova sau la un penitenciar din altă ţară în baza acordurilor de asistenţă juridică internaţională în materie penală. (3) În caz de necesitate, organul abilitat poate propune persoanei schimbarea locului de muncă ori a locului de studii în conformitate cu legislaţia în vigoare. În cazul aplicării unei asemenea măsuri, organul abilitat este obligat să contribuie la identificarea şi la asigurarea unui nou loc de muncă ori de studii. (4) Condiţiile de schimbare a domiciliului, a locului de muncă ori de studii sînt prevăzute în acordul de protecţie.
Articolul 18. Schimbarea identităţii, schimbarea înfăţişării (1) Schimbarea identităţii constă în schimbarea datelor personale şi, după caz, în modificări de natură soci- ală, juridică, etnică etc. Persoana protejată stabileşte volumul schimbărilor în identitatea sa. (2) Noua identitate nu poate avea nici o influenţă asupra statutului persoanei şi nici asupra unor alte drep- turi sociale, culturale şi politice ale persoanei. (3) După expirarea termenului de aplicare a măsurii de protecţie, persoana poate reveni la vechea identitate sau poate păstra noua identitate. (4) Persoana protejată nu-şi poate restabili identitatea iniţială dacă în noua sa identitate a influenţat semni- ficativ statutul unui terţ prin căsătorie, paternitate, maternitate etc. (5) Schimbarea identităţii poate avea loc doar în cazul absenţei unor obligaţii ale persoanei protejate faţă de terţi. Dacă, după aplicarea măsurii, s-a constatat că persoana protejată are faţă de terţi anumite obligaţii pe care, cunoscîndu-le, nu le-a adus la cunoştinţă organului abilitat, acesteia i se stabileşte un termen pentru stingerea obligaţiilor. În cazul refuzului de a stinge obligaţiile, persoanei i se aplică alte măsuri de protecţie. (6) Dacă persoana protejată a comis o infracţiune înainte de schimbarea identităţii, organul abilitat, la soli- citarea instanţei de judecată, asigură prezenţa acesteia şi folosirea identităţii ei iniţiale, iar instanţa poate decide aplicarea modalităţilor speciale de audiere a persoanei în conformitate cu art.110 din Codul de procedură penală. (7) Schimbarea înfăţişării constă în efectuarea unor intervenţii chirurgicale sau de alt gen, acceptate de persoana protejată, în scopul modificării unor părţi vizibile ale corpului. Schimbarea înfăţişării nu trebuie să afecteze convingerile culturale şi religioase ale persoanei. Ea se va aplica doar în cazul în care celelalte măsuri vor fi considerate ineficiente şi doar cu acordul expres al persoanei protejate.
Articolul 19. Instalarea sistemului de alarmă Instalarea sistemului de alarmă presupune dotarea locuinţei, reşedinţei sau unei alte încăperi cu echipament care să asigure înştiinţarea rapidă a organului abilitat şi/sau a organelor de poliţie despre un pericol iminent la care este supusă persoana.
Articolul 20. Schimbarea numărului de telefon (1) Schimbarea numărului de telefon se efectuează prin modificarea numărului de telefonie fixă sau mobilă al persoanei protejate. (2) În cazul schimbării numărului de telefon, numele persoanei protejate poate fi radiat, prin decizie a orga- nului abilitat, din listele operatorului telefonic.
Articolul 21. Asigurarea protecţiei bunurilor Protecţia bunurilor persoanei protejate se realizează prin asigurarea pazei lor, prin alte modalităţi legale prevăzute în acordul de protecţie.
Articolul 22. Măsurile de asistenţă În acordul de protecţie pot fi incluse şi alte măsuri de asistenţă, cum ar fi: a) integrarea în alt mediu social; b) recalificarea profesională; c) asigurarea unui venit decent pînă la găsirea unui loc de muncă; d) asistenţa la obţinerea unei noi profesii; e) asistenţa medicală; f) asistenţa juridică; g) asistenţa psihologică şi socială.
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Capitolul V PROGRAMUL DE PROTECŢIE Articolul 23. Condiţiile de includere în programul de protecţie (1) Includerea unei persoane în programul de protecţie se face dacă sînt respectate cumulativ următoarele condiţii: a) există cererea ei scrisă; b) persoana are calitatea prevăzută la art.2 alin.(1) pct.1); c) persoana se află în stare de pericol în sensul art.2 alin.(1) pct.2); d) există o hotărîre motivată a procurorului sau a instanţei de judecată privind aplicarea măsurilor de pro- tecţie, emisă în temeiul art.215 din Codul de procedură penală. (2) Includerea în programul de protecţie a unui minor sau a unei persoane cu capacitate de exerciţiu limitată este condiţionată de acordul dat în scris de reprezentanţii lor legali.
Articolul 24. Iniţierea procedurii de includere în programul de protecţie (1) Persoana aflată în stare de pericol poate înainta procurorului care conduce urmărirea penală sau, după caz, instanţei de judecată o cerere de includere în programul de protecţie. (2) Examinînd în mod confidenţial cererea, procurorul sau, după caz, instanţa de judecată emite o hotărîre cu privire la aplicarea măsurilor de protecţie. (3) În urma constatării din oficiu a stării de pericol, procurorul sau, după caz, instanţa de judecată sînt obligaţi să examineze cazul în mod confidenţial, cu participarea persoanei aflate în stare de pericol, emiţînd o hotărîre cu privire la aplicarea măsurilor de protecţie. (4) În cazul refuzului procurorului de a examina cererea de includere în program ori de a emite o hotărîre cu privire la aplicarea măsurilor de protecţie, persoana poate ataca actul de refuz la judecătorul de instrucţie. (5) În cazul în care instanţa de judecată refuză să examineze cererea ori să emită o hotărîre cu privire la aplicarea măsurilor de protecţie, persoana poate ataca actul de refuz în temeiul art.453 alin.(2) din Codul de procedură penală. (6) Procurorul ori instanţa de judecată poate recomanda organului abilitat aplicarea unei măsuri de protec- ţie concrete.
Articolul 25. Hotărîrea cu privire la aplicarea măsurilor de protecţie (1) Hotărîrea cu privire la aplicarea măsurilor de protecţie, emisă de procuror ori de instanţa de judecată, trebuie să conţină: a) datele cu privire la persoană în conformitate cu art.358 alin.(1) din Codul de procedură penală, care se aplică în modul corespunzător. Suplimentar la datele prevăzute la art.358 alin.(1), se anexează cazierul judiciar; b) referire la existenţa unei cereri scrise a persoanei care urmează a fi protejată; c) statutul procesual al persoanei sau, după caz, lipsa acestuia; d) descrierea cauzei aflate în fază de urmărire penală sau de judecată; e) datele şi informaţiile furnizate de persoană, caracterul lor concludent în probatoriu, circumstanţele în care persoana a intrat în posesia datelor şi a probelor furnizate sau pe care le va furniza; f) date care confirmă starea de pericol; g) estimarea posibilităţilor de recuperare a prejudiciului cauzat prin infracţiune; h) date referitoare la situaţia financiară a persoanei; i) recomandarea privind aplicarea unei măsuri de protecţie concrete, după caz. (2) Procurorul sau instanţa de judecată poate include în hotărîre şi alte date relevante, după caz. (3) Hotărîrea cu privire la aplicarea măsurilor de protecţie se remite imediat organului abilitat sau în cel mult 24 de ore, în condiţiile art.215 din Codul de procedură penală, executarea ei fiind obligatorie.
Articolul 26. Decizia organului abilitat (1) Decizia organului abilitat conţine: a) data emiterii hotărîrii cu privire la aplicarea măsurilor de protecţie;
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b) date cu privire la persoana inclusă în program; c) informaţii despre fondul cauzei aflate în fază de urmărire penală sau de judecată; d) eventualul pericol la care este expusă persoana în privinţa căreia se vor aplica măsurile de protecţie; e) măsurile de protecţie care se preconizează a fi aplicate. (2) Decizia de aplicare a măsurilor de protecţie în privinţa persoanei aflate în stare de pericol este emisă de şeful organului abilitat în termen rezonabil, nu mai mare de 30 de zile de la emiterea hotărîrii cu privire la aplicarea măsurilor de protecţie. (3) În cazul în care hotărîrea cu privire la aplicarea măsurilor de protecţie nu corespunde cerinţelor prevă- zute în prezenta lege, şeful organului abilitat solicită prin decizie corectarea inexactităţilor. Organul emitent al hotărîrii este obligat să se conformeze în termen de 3 zile.
Articolul 27. Acordul de protecţie (1) În termen de 3 zile din data emiterii deciziei, şeful organului abilitat încheie în scris un acord de protecţie cu persoana aflată în stare de pericol. (2) În cazul în care şi membrii de familie ai persoanei protejate sînt supuşi pericolului, acordul se încheie cu fiecare persoană separat. (3) În momentul semnării acordului, persoana dobîndeşte statutul de persoană protejată. (4) Acordul de protecţie în privinţa unui minor este semnat de minor şi de reprezentantul lui legal. În ca- zul în care reprezentantul legal refuză să semneze ori, în anumite circumstanţe, nu este în stare să semneze, acordul este semnat de reprezentantul organului de tutelă şi curatelă. În cazul în care reprezentantul legal sau reprezentantul organului de tutelă şi curatelă are obiecţii faţă de conţinutul acordului, inclusiv faţă de măsura de protecţie, acordul nu va fi semnat pînă la eliminarea contradicţiilor. În astfel de cazuri, organul abilitat poate remite hotărîrea de aplicare a măsurilor de protecţie procurorului sau instanţei de judecată. În toate cazurile, prioritate vor avea interesele minorului. (5) Acordul de protecţie trebuie să conţină: a) dispoziţii generale privind părţile acordului, data şi locul semnării lui; b) măsura de protecţie aplicată, condiţiile şi durata aplicării; c) drepturile şi obligaţiile persoanei protejate, stabilite în conformitate cu art.8; d) obligaţiile organului abilitat; e) date despre persoana sau despre persoanele de legătură desemnate şi condiţiile în care acestea îşi vor desfăşura activitatea; f) clauza conform căreia acordul este încheiat într-un singur exemplar, care se păstrează la organul abilitat în condiţii de maximă siguranţă a confidenţialităţii. (6) Dacă, în cursul urmăririi penale sau a judecării cauzei, au intervenit elemente noi faţă de cele cuprinse în hotărîrea iniţială, poate fi emisă o nouă hotărîre în condiţiile prezentei legi, care poate genera modificarea acordului de protecţie sau încheierea unui nou acord.
Articolul 28. Programul de protecţie (1) Programul de protecţie se desfăşoară după tehnici şi metode confidenţiale, elaborate în cadrul organului abilitat. (2) Documentele referitoare la includerea persoanei în program vor fi păstrate în condiţii de maximă sigu- ranţă a confidenţialităţii.
Articolul 29. Încetarea programului de protecţie (1) Programul de protecţie încetează în una din următoarele situaţii: a) persoana protejată depune cerere scrisă; b) persoana refuză să depună mărturie în cursul procesului penal; c) persoana depune mărturie falsă în cursul procesului penal, fapt confirmat printr-o hotărîre judecătoreas- că definitivă de condamnare pentru depunere de mărturii false; d) persoana protejată nu respectă obligaţiile stabilite prin acordul de protecţie; e) au dispărut circumstanţele care au determinat includerea persoanei în programul de protecţie;
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f) persoana protejată a decedat. (2) În cazurile prevăzute la alin.(1), programul de protecţie încetează printr-o hotărîre a procurorului sau a instanţei de judecată. (3) În cazurile prevăzute la alin.(1) lit.a), d) şi f), programul de protecţie poate înceta prin decizie a şefului organului abilitat. (4) Imediat sau în cel mult 3 zile după adoptarea hotărîrii de încetare a programului, procurorul sau instanţa de judecată comunică organului abilitat acest fapt. În situaţia prevăzută la alin.(1) lit.f), aplicarea programului în privinţa membrilor de familie poate continua în funcţie de circumstanţele cauzei.
Capitolul VI CONTROLUL ASUPRA EXERCITĂRII MĂSURILOR DE PROTECŢIE Articolul 30. Controlul exercitat de procuror (1) Procurorul General şi adjuncţii lui special împuterniciţi exercită controlul asupra executării legilor de către organele abilitate cu atribuţii de aplicare a măsurilor urgente, măsurilor de protecţie şi măsurilor de asis- tenţă. (2) Procurorul abilitat cu atribuţii de control dispune de dreptul de acces la informaţia ce constituie secret de stat, acordat în modul stabilit de lege.
Articolul 31. Controlul exercitat de judecătorul de instrucţie (1) În cazul prevăzut la art.24 alin.(4), precum şi în alte cazuri cînd consideră că i-au fost încălcate dreptu- rile, persoana poate depune plîngere la judecătorul de instrucţie în termen de 10 zile. (2) Plîngerea se examinează în termen de 10 zile, în condiţii de confidenţialitate şi în conformitate cu pre- vederile art.313 din Codul de procedură penală. (3) Hotărîrea judecătorului de instrucţie este obligatorie pentru organul abilitat cu dreptul de a aplica mă- suri urgente, măsuri de protecţie şi măsuri de asistenţă.
Capitolul VII COOPERAREA NAŢIONALĂ ŞI INTERNAŢIONALĂ Articolul 32. Cooperarea naţională (1) Pentru asigurarea unei protecţii eficiente a martorilor, organul abilitat va coopera cu autorităţile admi- nistraţiei publice centrale şi locale, precum şi cu organizaţii neguvernamentale. (2) Autorităţile administraţiei publice centrale şi locale sînt obligate să execute sesizările emise de organul abilitat în scopul protecţiei unei persoane concrete. Termenul de executare se indică în sesizare. În cazul impo- sibilităţii de executare a sesizării, organul respectiv va informa imediat sau în cel mult 72 de ore organul abilitat, invocînd motive întemeiate. (3) Organizaţiile neguvernamentale vor acorda, în limitele competenţei, susţinere în asigurarea unei asis- tenţe şi protecţii eficiente.
Articolul 33. Cooperarea internaţională (1) Cooperarea internaţională în domeniul protecţiei martorilor se efectuează potrivit normelor de asisten- ţă juridică internaţională în materie penală. (2) În baza unor acorduri de reciprocitate încheiate între Republica Moldova şi alte state, organul abilitat are atribuţia de a încheia acorduri de trimitere a persoanei protejate în ţara respectivă sau de acceptare a unor persoane străine pe teritoriul Republicii Moldova.
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Capitolul VIII ASIGURAREA FINANCIARĂ A ACTIVITĂŢII DE PROTECŢIE A MARTORILOR Articolul 34. Cheltuieli (1) Cheltuielile de implementare a prezentei legi se acoperă cu mijloace de la bugetul de stat, din surse ex- terne, precum şi din programele de asigurare a necesităţilor de protecţie a martorilor. (2) Modul de gestionare a mijloacelor financiare se stabileşte printr-un regulament aprobat de Guvern.
Capitolul IX DISPOZIŢII FINALE ŞI TRANZITORII Articolul 35 (1) Prezenta lege intră în vigoare la 3 luni după publicare în Monitorul Oficial al Republicii Moldova. (2) Din data intrării în vigoare a prezentei legi se abrogă Legea nr.1458-XIII din 28 ianuarie 1998 privind protecţia de stat a părţii vătămate, a martorilor şi a altor persoane care acordă ajutor în procesul penal, cu mo- dificările ulterioare.
Articolul 36 Guvernul, în termen de 3 luni: - va prezenta Parlamentului propuneri spre aducerea legislaţiei în vigoare în concordanţă cu prezenta lege; - va aproba actele normative necesare punerii în aplicare a prezentei legi şi va aduce actele sale normative în concordanţă cu prezenta lege; - va asigura aprobarea sau revizuirea de către ministere şi alte autorităţi ale administraţiei publice centrale a actelor lor normative.
PREŞEDINTELE PARLAMENTULUI Marian LUPU Chişinău, 16 mai 2008. Nr.105-XVI.
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14. LEGE cu privire la ajutorul social nr. 133-XVI din 13.06.2008 Monitorul Oficial nr.179/625 din 30.09.2008
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CUPRINS
Capitolul I DISPOZIŢII GENERALE Articolul 1. Obiectul legii Articolul 2. Scopul legii Articolul 3. Noţiuni de bază Articolul 4. Sfera de acţiune a prezentei legi
Capitolul II DREPTUL LA AJUTOR SOCIAL, CUANTUMUL ŞI MODUL DE STABILIRE A ACESTUIA Articolul 5. Dreptul la ajutor social Articolul 6. Cuantumul ajutorului social Articolul 7. Venitul lunar minim garantat Articolul 8. Venitul global al familiei Articolul 9. Stabilirea ajutorului social
Capitolul III MODUL DE PLATĂ ŞI DE FINANŢARE A AJUTORULUI SOCIAL Articolul 10. Plata ajutorului social Articolul 11. Modificarea cuantumului ajutorului social Articolul 12. Încetarea plăţii ajutorului social Articolul 13. Contestarea Articolul 14. Finanţarea ajutorului social Articolul 15. Evidenţa beneficiarilor de ajutor social
Capitolul III1 AJUTOR PENTRU PERIOADA RECE A ANULUI Articolul 151. Ajutor pentru perioada rece a anului
Capitolul IV RESPONSABILITĂŢI Articolul 16. Răspunderea pentru încălcarea prevederilor prezentei legi Articolul 17. Controlul asupra corectitudinii stabilirii ajutorului social şi a utilizării mijloacelor financiare
Capitolul V DISPOZIŢII FINALE ŞI TRANZITORII Articolul 18. Intrarea în vigoare şi perioada tranzitorie
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Notă: În cuprinsul legii sintagma „Ministerul Protecţiei Sociale, Familiei şi Copilului” se substituie prin sintag- ma „Ministerul Muncii, Protecţiei Sociale şi Familiei” conform Legii nr.109 din 04.06.2010, în vigoare 30.07.2010
Parlamentul adoptă prezenta lege organică.
Capitolul I DISPOZIŢII GENERALE Articolul 1. Obiectul legii Prezenta lege reglementează cadrul legal privind garantarea posibilităţilor egale pentru familiile defavoriza- te prin acordarea unui ajutor social la un nivel garantat de stat.
Articolul 2. Scopul legii Prezenta lege are drept scop asigurarea unui venit lunar minim garantat pentru familiile defavorizate prin acordarea unui ajutor social stabilit în conformitate cu evaluarea venitului global mediu lunar al fiecărei familii şi cu nevoia acesteia de asistenţă socială.
Articolul 3. Noţiuni de bază În sensul prezentei legi, noţiunile utilizate semnifică: familie – două sau mai multe persoane care locuiesc în aceeaşi locuinţă şi se întreţin dintr-un buget comun. Beneficiază de drepturile de familie şi orice persoană adultă care nu face parte dintr-o familie; solicitant – unul dintre membrii familiei cu capacitatea deplină de exerciţiu sau reprezentantul legal al fami- liei care depune cererea de acordare a ajutorului social; ajutor social – plată lunară în bani acordată familiei defavorizate; ajutor pentru perioada rece a anului – plată lunară fixă, în bani, acordată familiei defavorizate pentru lunile ianuarie-martie şi noiembrie-decembrie; venit lunar minim garantat al familiei – nivel minim calculat al venitului lunar garantat de stat unei familii; venit global mediu lunar al familiei (denumit în continuare venit global al familiei) – media lunară a sumei mijloacelor obţinute de familie; familie defavorizată – familia care are un venit global mediu lunar mai mic decît venitul lunar minim garantat. [Art.3 modificat prin Legea nr.180 din 15.07.2010, în vigoare 03.09.2010]
Articolul 4. Sfera de acţiune a prezentei legi Acţiunea prezentei legi se extinde asupra familiilor ai căror membri sînt cetăţeni ai Republicii Moldova, cetăţeni ai altor state, apatrizi sau refugiaţi, care au domiciliul în Republica Moldova conform legislaţiei.
Capitolul II DREPTUL LA AJUTOR SOCIAL, CUANTUMUL ŞI MODUL DE STABILIRE A ACESTUIA Articolul 5. Dreptul la ajutor social (1) De dreptul la ajutor social beneficiază familiile defavorizate în cazul în care toţi membrii adulţi ai aces- teia se încadrează în cel puţin una dintre următoarele situaţii: a) au atins vîrsta necesară pentru stabilirea pensiei conform legislaţiei; b) sînt persoane încadrate în diferite grade de invaliditate; c) sînt şomeri înregistraţi la agenţia teritorială pentru ocuparea forţei de muncă în a cărei rază teritorială îşi au domiciliul şi care nu refuză un loc de muncă sau participarea la servicii de stimulare a ocupării forţei de muncă şi la lucrări public oferite de agenţii;
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d) se află în perioada dintre săptămîna a 30-a de sarcină şi săptămîna a 12-a după naştere în cazul în care copilul se naşte mort sau moare în perioada concediului postnatal, ori îngrijeşte un copil pînă la vîrsta de 3 ani; e) îngrijesc un membru/membri ai familiei încadraţi în gradul I de invaliditate care necesită îngrijire conform concluziei Consiliului de expertiză medicală a vitalităţii, îngrijesc un copil/copii invalizi din aceeaşi familie sau o persoană în vîrstă de peste 75 de ani din aceeaşi familie conform concluziei Consiliului medical consultativ. (2) Familiile ai căror membri realizează venituri provenite din salarizare, cu timp integral sau parţial, din ac- tivitatea de antreprenoriat sau din activităţi bazate pe folosirea terenurilor agricole din extravilanul localităţilor pot solicita acordarea dreptului la ajutor social cu condiţia că ceilalţi membri adulţi ai acestora se încadrează în una din situaţiile expuse la alin.(1). (3) La determinarea dreptului la ajutor social se exclud membrii familiilor care: a) deţin cetăţenia Republicii Moldova însă nu domiciliază pe teritoriul acesteia; b) execută o pedeapsă privativă de libertate; c) satisfac serviciul militar în termen; d) se află la întreţinerea statului. (4) Situaţiile specificate la alin.(1) lit.d) pot fi invocate concomitent de diferiţi membri ai familiei doar pen- tru copiii cu mame diferite, iar situaţiile specificate la lit.e) a aceluiaşi alineat pot fi invocate doar de un singur membru al familiei. [Art.5 modificat prin Legea nr.180 din 15.07.2010, în vigoare 03.09.2010]
Articolul 6. Cuantumul ajutorului social Cuantumul lunar al ajutorului social se stabileşte ca diferenţă între venitul lunar minim garantat al familiei şi venitul global al acesteia.
Articolul 7. Venitul lunar minim garantat (1) Venitul lunar minim garantat al familiei reprezintă suma cuantumurilor veniturilor lunare minime ga- rantate stabilite pentru fiecare membru al acesteia. (2) Cuantumul venitului lunar minim pentru fiecare membru al familiei se stabileşte după cum urmează: a) 100% din venitul lunar minim garantat pentru solicitant; b) 70% din venitul lunar minim garantat pentru fiecare alt membru adult al familiei; c) 50% din venitul lunar minim garantat pentru fiecare copil; d) plus 30% din venitul lunar minim garantat pentru fiecare adult încadrat într-un grad de invaliditate; e) plus 50% din venitul lunar minim garantat pentru fiecare copil invalid; f) plus 10% din venitul lunar minim garantat dacă persoana încadrată într-un grad de invaliditate este uni- cul adult din familie. (3) Nivelul venitului lunar minim garantat se stabileşte anual prin Legea bugetului de stat.
Articolul 8. Venitul global al familiei (1) La stabilirea venitului global al familiei se iau în considerare veniturile obţinute în formă bănească din munca retribuită, din toate tipurile de activitate antreprenorială, prestaţiile de asigurări şi asistenţă socială, veniturile realizate din folosirea terenurilor agricole şi a loturilor de pămînt, precum şi alte tipuri de venituri, inclusiv cele din proprietate. (2) La evaluarea bunăstării familiei în vederea stabilirii ajutorului social se iau în considerare componenţa familiei şi bunurile mobile şi imobile pe care le are în proprietate familia, utilizînd un set de caracteristici care identifică bunăstarea. (3) Deţinerea anumitor bunuri mobile şi imobile, precum şi unele caracteristici ale familiei sînt considerate drept indicator al bunăstării, exprimat în puncte. (4) Dacă punctajul este mai mare decît cel stabilit, familia nu este eligibilă pentru acordarea dreptului la ajutor social. (5) Modul de evaluare a bunăstării familiei şi setul de caracteristici pentru evaluarea bunăstării familiei, exprimate în puncte, se aprobă de către Guvern. (6) La calcularea venitului global al familiei se iau în considerare veniturile curente realizate de membrii acesteia.
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Articolul 9. Stabilirea ajutorului social (1) Ajutorul social se stabileşte în baza cererii de acordare a ajutorului social depusă de unul dintre membrii familiei cu capacitatea deplină de exerciţiu, desemnat de aceasta, sau, în cazurile prevăzute de lege, de către reprezentantul legal al acesteia. (2) Ajutorul social este stabilit de către direcţia/secţia asistenţă socială şi protecţie a familiei. (3) Direcţia/secţia asistenţă socială şi protecţie a familiei organizează, în comun cu reprezentanţii autori- tăţilor administraţiei publice locale şi/sau ai societăţii civile, selectiv, verificarea la domiciliul solicitantului a autenticităţii informaţiei prezentate în cererea pentru acordarea ajutorului social şi întocmeşte ancheta socială. (4) Ajutorul social se stabileşte pentru o perioadă ce nu va depăşi 2 ani şi va fi revizuit la intervenirea orică- rei schimbări ce ar putea influenţa cuantumul ajutorului social stabilit. (5) Ajutorul social se acordă începînd cu luna în care a fost înregistrată cererea de acordare a ajutorului social la direcţia/secţia asistenţă socială şi protecţie a familiei. [Art.9 modificat prin Legea nr.180 din 15.07.2010, în vigoare 03.09.2010]
Capitolul III MODUL DE PLATĂ ŞI DE FINANŢARE A AJUTORULUI SOCIAL Articolul 10. Plata ajutorului social (1) Plata ajutorului social se efectuează lunar, de către Casa Naţională de Asigurări Sociale, prin intermediul instituţiei financiare selectate pe bază de concurs. (2) În cazul în care cuantumul lunar calculat al ajutorului social pentru o familie este mai mic de 25 de lei, acesta se achită o dată la 6 luni printr-o plată care reprezintă suma ajutorului social pentru lunile respective. (3) Regulamentul privind modul de stabilire şi plată a ajutorului social se aprobă de către Guvern.
Articolul 11. Modificarea cuantumului ajutorului social (1) Modificarea cuantumului ajutorului social se efectuează în următoarele situaţii: a) modificarea venitului lunar minim garantat al familiei; b) modificarea informaţiilor care au fost depuse anterior. (2) Modificarea cuantumului ajutorului social se efectuează de către direcţia/secţia asistenţă socială şi pro- tecţie a familiei.
Articolul 12. Încetarea plăţii ajutorului social (1) Plata ajutorului social încetează în următoarele cazuri: a) familia nu mai îndeplineşte condiţiile prevăzute de prezenta lege; b) familia îşi schimbă locul de trai; c) persoana solitară care a beneficiat de ajutor social a decedat sau a fost declarată dispărută; d) familia a refuzat întocmirea anchetei sociale la domiciliu sau nu a depus în mod repetat o cerere în ter- men de 10 zile, dacă prin ancheta socială s-au depistat schimbări în datele indicate în cerere. (2) În termen de 15 zile de la data emiterii deciziei, direcţia/secţia asistenţă socială şi protecţie a familiei co- munică în scris despre încetarea plăţii ajutorului social atît beneficiarului, în cazurile prevăzute la alin.(1) lit.a), b) şi d), cît şi Casei Naţionale de Asigurări Sociale. [Art.12 modificat prin Legea nr.180 din 15.07.2010, în vigoare 03.09.2010]
Articolul 13. Contestarea Decizia privind acordarea sau neacordarea ajutorului social, modificarea sau încetarea plăţii acestuia, pre- cum şi cea privind recuperarea sumelor încasate nejustificat, poate fi contestată în instanţa de contencios ad- ministrativ.
Articolul 14. Finanţarea ajutorului social Finanţarea ajutorului social, stabilit conform prezentei legi, se efectuează din mijloacele bugetului de stat, prin intermediul bugetului asigurărilor sociale de stat.
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Articolul 15. Evidenţa beneficiarilor de ajutor social Evidenţa beneficiarilor de ajutor social se efectuează de către direcţia/secţia asistenţă socială şi protecţie a familiei, Casa Naţională de Asigurări Sociale şi Ministerul Muncii, Protecţiei Sociale şi Familiei, prin crearea unui sistem informaţional automatizat. [Art.15 modificat prin Legea nr.180 din 15.07.2010, în vigoare 03.09.2010]
Capitolul III1 AJUTOR PENTRU PERIOADA RECE A ANULUI
Articolul 151. Ajutor pentru perioada rece a anului (1) Ajutorul pentru perioada rece a anului se stabileşte şi se acordă: a) familiilor defavorizate beneficiare de ajutor social conform prevederilor prezentei legi; b) familiilor solicitante de ajutor social care au un venit global mediu lunar mai mare decît venitul lunar minim garantat conform legislaţiei şi mai mic decît nivelul venitului lunar minim garantat majorat de 1,4 ori. (2) Cuantumul ajutorului pentru perioada rece a anului, modul de stabilire şi de plată a acestuia sînt stabilite de către Guvern. [Cap.III1 introdus prin Legea nr.180 din 15.07.2010, în vigoare 01.01.2011]
Capitolul IV RESPONSABILITĂŢI
Articolul 16. Răspunderea pentru încălcarea prevederilor prezentei legi (1) Încălcarea prezentei legi atrage răspunderea prevăzută de legislaţie. (2) Solicitantul este obligat să prezinte informaţii complete şi veridice organului cu drept de stabilire a aju- torului social. (3) În cazul prezentării unor informaţii incomplete, greşite sau al neinformării despre schimbările ce au intervenit în structura şi cuantumul veniturilor, fapt ce a influenţat cuantumul ajutorului social, beneficiarul restituie întreaga sumă care i-a fost plătită nejustificat.
Articolul 17. Controlul asupra corectitudinii stabilirii ajutorului social şi a utilizării mijloacelor finan ciare (1) Controlul asupra corectitudinii stabilirii şi utilizării conform destinaţiei a mijloacelor financiare alocate se exercită de către organele de control abilitate. (2) Verificarea autenticităţii informaţiilor prezentate pentru stabilirea ajutorului social se efectuează nemij- locit de către organul care a stabilit ajutorul social.
Capitolul V DISPOZIŢII FINALE ŞI TRANZITORII
Articolul 18. Intrarea în vigoare şi perioada tranzitorie (1) Prevederile prezentei legi se aplică: a) pentru familiile cu cel puţin un membru încadrat într-un grad de invaliditate – de la 1 octombrie 2008; b) pentru familiile cu unul sau mai mulţi copii – de la 1 ianuarie 2009; c) pentru celelalte familii – de la 1 iulie 2009. (2) Guvernul, în termen de 6 luni de la data adoptării: a) va prezenta Parlamentului propuneri privind aducerea legislaţiei în vigoare în corespundere cu prevede- rile prezentei legi;
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b) va elabora şi aproba actele normative necesare pentru reglementarea mecanismului de implementare a prezentei legi; c) va elabora cadrul legal şi va crea condiţiile necesare pentru instituirea, în subordinea Ministerului Mun- cii, Protecţiei Sociale şi Familiei, a Inspecţiei sociale, care va evalua şi monitoriza procesul de implementare a prezentei legi. [Art.18 modificat prin Legea nr.180 din 15.07.2010, în vigoare 03.09.2010]
PREŞEDINTELE PARLAMENTULUI Marian LUPU Chişinău, 13 iunie 2008. Nr.133-XVI.
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15. LEGE cu privire la profilaxia infecţiei HIV/SIDA nr. 23-XVI din 16.02.2007 Monitorul Oficial nr.54-56/250 din 20.04.2007
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CUPRINS
Capitolul I DISPOZIŢII GENERALE Articolul 1. Sfera de reglementare şi obiectivele prezentei legi Articolul 2. Cadrul juridic Articolul 3. Noţiuni principale
Capitolul II CADRUL MĂSURILOR DE PROFILAXIE Articolul 4. Cadrul măsurilor strategice de profilaxie a infecţiei HIV/SIDA Articolul 5. Educaţia privind prevenirea infecţiei HIV/SIDA
Capitolul III ACTIVITATEA DE PREVENIRE ÎN CADRUL GRUPURILOR VULNERABILE Articolul 6. Familia, copiii, tinerii şi infecţia HIV/SIDA Articolul 7. Prevenirea infecţiei HIV/SIDA în rîndul utilizatorilor de droguri injectabile Articolul 8. Prevenirea infecţiei HIV/SIDA în rîndul militarilor Articolul 9. Activităţile de prevenire a infecţiei HIV/SIDA în penitenciare Articolul 10. Prevenirea infecţiei HIV/SIDA în rîndul imigranţilor, emigranţilor, refugiaţilor şi solicitanţilor de azil
Capitolul IV CONSILIEREA ŞI TESTAREA BENEVOLĂ Articolul 11. Accesul la testare Articolul 12. Laboratoarele şi centrele de consiliere şi testare Articolul 13. Consimţămîntul pentru testarea la marcherii HIV Articolul 14. Confidenţialitatea Articolul 15. Interzicerea testării obligatorii la marcherii HIV Articolul 16. Testarea de santinelă
Capitolul V ASISTENŢĂ ŞI TRATAMENT Articolul 17. Supravegherea medicală Articolul 18. Protocoalele naţionale pentru tratamentul persoanelor cu HIV/SIDA Articolul 19. Accesul la tratamentul ARV şi la alte forme de tratament Articolul 20. Asistenţa paliativă a persoanelor cu HIV/SIDA Articolul 21. Prevenirea transmiterii infecţiei HIV/SIDA de la mamă la făt
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Capitolul VI INTERZICEREA DISCRIMINĂRII Articolul 22. Interzicerea discriminării la locul de muncă Articolul 23. Interzicerea discriminării în instituţiile preşcolare şi de învăţămînt Articolul 24. Restricţii la efectuarea unei călătorii şi la alegerea reşedinţei Articolul 25. Interzicerea discriminării în instituţiile medico-sanitare şi balneare publice, departamentale şi private Articolul 26. Interzicerea discriminării privind accesul la servicii de asigurare, de creditare şi de acordare a împrumuturilor Articolul 27. Răspunderea pentru nerespectarea drepturilor persoanelor cu status HIV pozitiv
Capitolul VII BENEFICIEREA DE ASISTENŢĂ JURIDICĂ A PERSOANELOR CU STATUS HIV POZITIV ŞI RESPONSABILITATEA ACESTORA Articolul 28. Disponibilitatea asistenţei juridice şi confidenţialitatea procesului Articolul 29. Responsabilitatea persoanelor cu status HIV pozitiv
Capitolul VIII PREVENIREA INFECTĂRII NOZOCOMIALE Articolul 30. Asigurarea protecţiei pacienţilor Articolul 31. Asigurarea protecţiei lucrătorilor medicali Articolul 32. Accesul la seturile de profilaxie postexpunere Articolul 33. Garanţii în cazul infectării nozocomiale
Capitolul IX DISPOZIŢII FINALE ŞI TRANZITORII Articolul 34. Dispoziţii finale şi tranzitorii
Parlamentul adoptă prezenta lege organică.
Capitolul I DISPOZIŢII GENERALE
Articolul 1. Sfera de reglementare şi obiectivele prezentei legi (1) Prezenta lege reglementează raporturile juridice ce ţin de activitatea de profilaxie a infecţiei HIV/SIDA prin reducerea cazurilor noi de infectare, prin stoparea creşterii exponenţiale a epidemiei şi diminuarea im- pactului acesteia, prin asigurarea cu asistenţă medicală, socială şi psihologică a persoanelor cu HIV/SIDA şi a membrilor familiilor lor, prin garantarea respectării drepturilor acestora, precum şi prin consolidarea eforturi- lor de prevenire şi combatere a infecţiei în cauză. (2) Prezenta lege are următoarele obiective: a) promovarea unei politici complexe îndreptate spre conjugarea eforturilor structurilor de stat, neguver- namentale şi internaţionale, ale persoanelor cu HIV/SIDA, ale întreprinzătorilor şi persoanelor particulare, precum şi spre aplicarea sistemului de monitorizare şi evaluare a activităţii de profilaxie a infecţiei HIV/SIDA; b) efectuarea profilaxiei, ca sistem de măsuri de contracarare a epidemiei, în baza unor activităţi de informa- re a populaţiei (inclusiv a grupurilor socialmente vulnerabile), îndreptate spre ridicarea nivelului de cunoaştere a problemelor ce ţin de infecţia HIV/SIDA;
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c) excluderea discriminării persoanelor afectate de infecţia HIV/SIDA prin garantarea drepturilor omului şi respectarea demnităţii umane; d) elaborarea şi perfecţionarea programelor cu privire la ocrotirea copiilor prin realizarea unui sistem de educaţie diferenţiată, prin promovarea unui mod de viaţă sănătos, inclusiv a măsurilor de prevenire a consumului de droguri, de profilaxie a infecţiei HIV/SIDA, precum şi de familiarizare cu problemele ce ţin de protecţia de in- fectare cu HIV, prin prevenirea stării de orfan social ca urmare a decesului de SIDA al unuia sau al ambilor părinţi; e) asigurarea unui acces garantat la asistenţă medicală şi socială a persoanelor cu HIV/SIDA, inclusiv la tratament, îngrijiri şi susţinere; f) asigurarea de condiţii inofensive la acordarea asistenţei medicale, la stabilirea diagnosticului de laborator pentru prevenirea riscului infectării intraspitaliceşti şi profesionale.
Articolul 2. Cadrul juridic (1) Cadrul juridic al activităţii privind profilaxia infecţiei HIV/SIDA se constituie din Constituţie, prezenta lege, alte acte normative, precum şi din tratatele internaţionale la care Republica Moldova este parte. (2) Dacă tratatele internaţionale la care Republica Moldova este parte stabilesc alte norme decît cele cuprin- se în prezenta lege, se vor aplica normele tratatelor internaţionale.
Articolul 3. Noţiuni principale În sensul prezentei legi, se definesc următoarele noţiuni: virusul imunodeficienţei umane (HIV) - virus care conduce la reducerea şi distrugerea sistemului imun al organismului şi provoacă maladia SIDA; status HIV pozitiv - prezenţă a marcherilor HIV în organismul uman, indicînd faptul infectării; sindromul imunodeficienţei dobîndite (SIDA) - fază a maladiei determinată de HIV; tratament antiretroviral (tratament ARV) - aplicare a preparatelor specifice care au drept efect încetinirea replicării şi răspîndirii virusului HIV în corpul uman; profilaxie postexpunere (PPE) - tratament antiretroviral pe termen scurt, cu scopul de a reduce pericolul infectării cu HIV, după o eventuală expunere în cadrul activităţii profesionale sau prin intermediul raportului sexual forţat /în cazul unui viol; consiliere şi testare benevolă - consiliere pre- şi posttestare, inclusiv consilierea în vederea obţinerii unui consimţămînt informat pentru testare la marcherii HIV; confidenţialitate - protejare şi garantare a dreptului la intimitate al unei persoane supuse testării la marcherii HIV sau diagnosticate ca fiind HIV pozitivă; Consiliul naţional de coordonare a programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, al infecţiilor cu transmitere sexuală şi de control al tuberculozei - structură funcţională intersectorială care asigură dirijarea şi monitorizarea strategiilor şi activităţilor prevăzute de programele naţionale de profilaxie şi control al infecţiei HIV/SIDA, al infecţiilor cu transmitere sexuală şi de control al tuberculozei, precum şi utilizarea granturilor Fondului Global “SIDA/TV/Malarie” şi ale Băncii Mondiale; standarde universale de precauţie - reguli ce stabilesc, pentru serviciile de asistenţă medicală şi alte servicii, condiţiile obligatorii de prevenire a infectării cu HIV prin expunere la contactul direct cu sîngele şi alte lichide biologice; tratament de substituţie - terapie cu utilizarea unui tratament de substituire a drogurilor; asistenţă paliativă - acţiuni care combină un şir de măsuri şi terapii cu scopul de a îmbunătăţi calitatea vieţii persoanelor cu HIV/SIDA şi a membrilor familiilor lor; infectare nozocomială - infectare cu HIV prin intermediul intervenţiilor şi manoperelor medicale.
Capitolul II CADRUL MĂSURILOR DE PROFILAXIE
Articolul 4. Cadrul măsurilor strategice de profilaxie a infecţiei HIV/SIDA (1) Măsurile de profilaxie a infecţiei HIV/SIDA sînt reglementate de prezenta lege, de alte acte normative adoptate în baza acestei legi, precum şi de tratatele internaţionale la care Republica Moldova este parte. (2) Programele de profilaxie şi control al infecţiei HIV/SIDA sînt integrate în planul naţional de dezvoltare.
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(3) Este obligatorie promovarea implicării sporite a persoanelor cu HIV/SIDA şi a organizaţiilor neguverna- mentale din domeniu în elaborarea şi implementarea Programului naţional de profilaxie şi control al infecţiei HIV/SIDA şi a programelor conexe, printre care cele de instruire pentru prevenire, îngrijire şi tratament, de asistenţă juridică şi socială, precum şi a politicilor de încadrare în muncă. (4) Sensibilizarea opiniei publice la nivel naţional se va efectua prin intermediul activităţilor de informare, educare, comunicare şi al campaniilor mass-media, menite să promoveze un mod de viaţă sănătos, comporta- mente responsabile şi inofensive, nediscriminarea, egalitatea dintre femei şi bărbaţi, compasiunea. (5) În instituţiile de învăţămînt se va asigura difuzarea materialelor informative privind prevenirea trans- miterii infecţiei HIV, promovarea unei atitudini nediscriminatorii şi tolerante faţă de persoanele cu HIV/SIDA.
Articolul 5. Educaţia privind prevenirea infecţiei HIV/SIDA (1) Statul este responsabil, la nivel naţional, de elaborarea şi implementarea programelor educaţionale me- nite să informeze şi să educe copiii începînd cu vîrsta de 12 ani, adolescenţii şi tinerii privind comportamentele responsabile şi inofensive. (2) Problemele ce ţin de prevenirea infecţiei HIV/SIDA se includ în curricula obligatorie a învăţămîntului secundar, mediu special, superior şi post-universitar, în activităţile educative formale şi neformale din rîndul ado- lescenţilor instituţionalizaţi, al tinerilor cu retard mintal şi cu dizabilităţi fizice, al efectivului Forţelor Armate. (3) Activităţile de instruire şi promovare a unor comportamente responsabile şi inofensive privind preve- nirea infecţiei HIV/SIDA, de asigurare informaţională a copiilor neşcolarizaţi se efectuează în centrele pentru tineret şi în cele pentru copii, în alte instituţii de menire socială. (4) Ministerele şi alte autorităţi administrative centrale, autorităţile administraţiei publice locale sînt obliga- te să elaboreze şi să aplice măsuri de implicare a populaţiei, a mijloacelor de informare în masă, a asociaţiilor şi a altor organizaţii în programele educaţionale şi de difuzare a informaţiei despre infecţia HIV/SIDA în cadrul serviciilor de asistenţă medicală, la locul de muncă şi la cel de trai. (5) Programele educaţionale se bazează pe principiile nediscriminării, promovării unei atitudini tolerante faţă de persoanele cu HIV/SIDA, respectării şi garantării drepturilor acestora.
Capitolul III ACTIVITATEA DE PREVENIRE ÎN CADRUL GRUPURILOR VULNERABILE Articolul 6. Familia, copiii, tinerii şi infecţia HIV/SIDA (1) Copiii beneficiază de consiliere adaptată la necesităţile lor specifice. Se vor respecta toate rigorile de confidenţialitate aplicabile adulţilor. (2) Copiii şi tinerii afectaţi de HIV/SIDA au drepturi egale cu cele ale semenilor lor, beneficiază de acces la programele educaţionale şi de prevenire a infecţiei HIV/SIDA, de asistenţă socială şi juridică, precum şi de îngrijirea şi tratamentul de care au nevoie în virtutea statusului lor. (3) Copiii şi tinerii afectaţi de HIV/SIDA din instituţiile medico-sanitare, sociale, de învăţămînt şi de detenţie nu pot fi supuşi unor practici discriminatorii în baza statusului lor. (4) Copiii şi tinerii afectaţi de HIV/SIDA, victime ale traficului sau exploatării sexuale, sînt trataţi ca atare. (5) Femeile HIV pozitive beneficiază de contracepţie gratuită, inclusiv de sterilizare benevolă, după consi- lierea cuvenită.
Articolul 7. Prevenirea infecţiei HIV/SIDA în rîndul utilizatorilor de droguri injectabile (1) Ministerele şi alte autorităţi administrative centrale interesate, serviciile publice sanitare desconcentrate şi descentralizate elaborează programe educaţionale şi de reabilitare medicală şi socială, destinate utilizatorilor de droguri injectabile, în vederea reducerii consumului acestora, a prevenirii infecţiei HIV/SIDA în rîndul con- sumatorilor, a implicării lor în tratamente voluntare de substituţie. (2) Ministerele şi alte autorităţi administrative centrale interesate, autorităţile administraţiei publice locale, serviciile publice sanitare desconcentrate şi descentralizate implementează programe educaţionale şi de reabi- litare medicală şi socială destinate utilizatorilor de droguri injectabile, asigurînd o acoperire teritorială vastă cu aceste programe şi un acces sporit la materialele cu caracter profilactic.
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(3) Programele de reducere a noxelor conţin activităţi de educaţie, prevenire, conştientizare şi de consultanţă. (4) Tratamentul de substituţie cu metadonă se oferă, în condiţii de confidenţialitate, persoanelor care solici- tă voluntar acest tratament şi care corespund criteriilor de selecţie.
Articolul 8. Prevenirea infecţiei HIV/SIDA în rîndul militarilor Ministerul Apărării, Ministerul Afacerilor Interne şi Serviciul Grăniceri elaborează şi implementează progra- me eficiente de prevenire a infecţiei HIV/SIDA prin promovarea unor comportamente responsabile şi inofensive, elaborează standarde minime de cunoştinţe şi includ aceste programe în procesul de instruire a efectivului.
Articolul 9. Activităţile de prevenire a infecţiei HIV/SIDA în penitenciare Ministerul Justiţiei asigură: a) instruirea şi educarea personalului şi deţinuţilor din penitenciare în vederea dezvoltării competenţelor şi cunoştinţelor în domeniul prevenirii infecţiei HIV/SIDA, a formării unui comportament responsabil şi inofen- siv, a consilierii pre- şi posttestare şi a testării la marcherii HIV; b) realizarea programelor de reducere a noxelor prin acordarea gratuită a dezinfectantelor, precum şi a se- ringilor şi prezervativelor în penitenciare; c) accesul la tratamentul ARV gratuit şi la cel al maladiilor oportuniste.
Articolul 10. Prevenirea infecţiei HIV/SIDA în rîndul imigranţilor, emigranţilor, refugiaţilor şi solicitanţilor de azil (1) Ministerele şi alte autorităţi administrative centrale interesate, serviciile publice sanitare desconcentrate şi descentralizate elaborează şi implementează programe de prevenire menite să dezvolte competenţe şi cunoş- tinţe minime privind infecţia HIV/SIDA în rîndul imigranţilor, emigranţilor, refugiaţilor şi solicitanţilor de azil, le oferă materiale informative. (2) Ministerul sănătăţii, în comun cu alte ministere şi autorităţi administrative centrale, organizează activi- tăţi de prevenire a infecţiei HIV/SIDA, de asistenţă socială şi materială pentru imigranţi, emigranţi, refugiaţi şi solicitanţi de azil. (3) Imigranţii, emigranţii, refugiaţii şi solicitanţii de azil beneficiază de tratament ARV şi de tratament al maladiilor oportuniste în condiţiile legii.
Capitolul IV CONSILIEREA ŞI TESTAREA BENEVOLĂ Articolul 11. Accesul la testare (1) Cetăţenilor Republicii Moldova, cetăţenilor străini şi apatrizilor care au domiciliul sau se află temporar pe teritoriul Republicii Moldova li se asigură dreptul la examen medical gratuit (inclusiv anonim) în scopul depistării precoce a virusului HIV şi a maladiei SIDA. (2) Testarea la marcherii HIV se efectuează, la adresarea persoanelor, conform regulilor de examinare şi supraveghere medicală elaborate şi aprobate de Ministerul Sănătăţii în corespundere cu prezenta lege.
Articolul 12. Laboratoarele şi centrele de consiliere şi testare (1) Prestarea serviciilor de consiliere pre- şi posttestare se efectuează în instituţiile medico-sanitare publice şi private abilitate şi acreditate, precum şi în cadrul serviciilor de sănătate pentru tineret acreditate în modul stabilit de lege. Consilierii trebuie să posede un nivel de competenţă adecvat standardelor stabilite de Ministerul Sănătăţii. (2) Testarea sîngelui la marcherii HIV se efectuează în laboratoarele instituţiilor medico-sanitare publice şi în cele ale centrelor de medicină preventivă ale Ministerului Sănătăţii acreditate în modul stabilit de lege.
Articolul 13. Consimţămîntul pentru testarea la marcherii HIV (1) Testarea la marcherii HIV se face doar în baza consimţămîntului scris, benevol şi informat, al persoanei. (2) În cazul unui minor, consimţămîntul scris, benevol, pentru testare la marcherii HIV urmează a fi expri- mat atît de minor, cît şi de reprezentantul legal al acestuia. În cazul în care este imposibil de a obţine consimţă- mîntul reprezentantului legal al minorului şi dacă efectuarea testării este necesară pentru minor, este suficient consimţămîntul scris, benevol, al acestuia din urmă.
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(3) În cazul unei persoane cu retard mintal, pentru efectuarea testării la marcherii HIV este necesar consim- ţămîntul scris al acesteia. (4) În cazul unei persoane lipsite de discernămînt internate într-o instituţie medicală specializată, responsa- bil de luarea deciziei privind testarea la marcherii HIV este reprezentantul ei legal.
Articolul 14. Confidenţialitatea (1) Dreptul la confidenţialitate al persoanei care solicită testarea la marcherii HIV sau al celei diagnosticate cu HIV este garantat. (2) Rezultatul testului HIV este confidenţial şi poate fi eliberat numai următoarelor persoane: a) persoanei testate; b) părintelui sau tutorelui minorului testat; c) reprezentantului legal al persoanei lipsite de discernămînt; d) conducătorului instituţiei medico-sanitare la care a fost colectată proba de sînge; e) conducătorului instituţiei medico-sanitare publice de la locul de trai al persoanei testate (medicului de familie); f) judecătorului care a emis hotărîrea de testare obligatorie în condiţiile art.15. (3) Persoanele cu statusul HIV pozitiv stabilit sînt avizate în scris de către instituţia medico-sanitară asupra nece- sităţii respectării regulilor de prevenire a răspîndirii infecţiei HIV/SIDA, precum şi asupra răspunderii penale pentru punerea intenţionată în pericol de contaminare a altei persoane sau pentru infectarea intenţionată a acesteia. (4) Orice persoană HIV pozitivă este obligată să comunice statusul său soţului (soţiei) sau partenerului. (5) Personalul medical poate iniţia notificarea soţului (soţiei) sau partenerului de statusul HIV pozitiv al pacientului doar după examinarea circumstanţelor fiecărui caz în parte, prin prisma eticii medicale şi a confi- denţialităţii, dacă: a) persoana HIV pozitivă a beneficiat de consilierea cuvenită; b) consilierea oferită persoanei HIV pozitive nu a avut drept rezultat schimbări comportamentale pozitive în direcţia reducerii pericolului de infectare; c) persoana HIV pozitivă a refuzat să-şi comunice statusul său soţului (soţiei) sau partenerului sau să-şi dea acordul la notificarea respectivă; d) există un pericol real de transmitere a infecţiei HIV; e) a expirat termenul rezonabil oferit persoanei HIV pozitive, anunţate în prealabil, pentru a-şi comunica statusul său. (6) Personalul medical şi alte persoane care, în virtutea obligaţiilor de serviciu, deţin informaţii privind rezul- tatele examenelor medicale în ce priveşte infecţia HIV (maladia SIDA) sînt obligate să păstreze secretul acestor informaţii. Pentru divulgarea lor, ei sînt traşi la răspundere administrativă în conformitate cu legislaţia în vigoare.
Articolul 15. Interzicerea testării obligatorii la marcherii HIV (1) Testarea obligatorie la marcherii HIV ca precondiţie pentru angajare, călătorii, acces la servicii medicale, admitere într-o instituţie de învăţămînt este interzisă, cu excepţia cazurilor prevăzute de lege. Sînt interzise toate formele de testare ascunsă. (2) Testarea la marcherii HIV este obligatorie: a) la donarea sîngelui, lichidelor, ţesuturilor şi organelor; b) în baza hotărîrii instanţei de judecată, în cazuri de viol şi punere intenţionată în pericol de infectare a altei persoane, atunci cînd acuzatul nu îşi dă consimţămîntul la testare după consilierea cuvenită.
Articolul 16. Testarea de santinelă (1) Testarea de santinelă este testarea la marcherii HIV a probelor de sînge colectate în alte scopuri legitime sau nemijlocit de la persoane aparţinînd unor grupuri specifice, cum ar fi femeile însărcinate, utilizatorii de droguri intravenoase, deţinuţii, pentru identificarea tendinţelor procesului epidemic al infecţiei HIV asociat cu anumite comportamente sau practici de risc. (2) Înainte de testare, orice informaţie care permite identificarea persoanei testate va fi exclusă. Autorităţile medicale vor fi informate doar despre numărul de cazuri cu HIV, fără notificarea acestora.
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Capitolul V ASISTENŢĂ ŞI TRATAMENT Articolul 17. Supravegherea medicală Persoanele infectate cu HIV şi bolnave de SIDA sînt supuse supravegherii medicale.
Articolul 18. Protocoalele naţionale pentru tratamentul persoanelor cu HIV/SIDA (1) Protocoalele naţionale pentru tratamentul complex al persoanelor infectate cu HIV şi bolnave de SIDA se elaborează şi se aprobă de către Ministerul Sănătăţii. Protocoalele garantează accesul la serviciile medica- mentoase şi de spitalizare. (2) Aceste servicii includ: a) diagnosticarea şi tratamentul infecţiei HIV/SIDA, al maladiilor oportuniste, al infecţiilor cu transmitere sexuală, al altor infecţii şi complicaţii; b) servicii de laborator; c) tratament de urgenţă; d) asistenţă psihologică; e) asistenţă socială; f) tratament paliativ.
Articolul 19. Accesul la tratamentul ARV şi la alte forme de tratament (1) În cadrul Programului naţional de profilaxie şi control al infecţiei HIV/SIDA şi al infecţiilor cu transmi- tere sexuală, statul asigură accesul gratuit al persoanelor HIV pozitive la tratamentul ARV şi la cel al maladiilor oportuniste conform indicaţiilor clinico-imunologice. (2) Persoanele infectate cu HIV şi bolnave de SIDA beneficiază de asistenţă medicală în baza Programului unic de asigurare obligatorie de asistenţă medicală, conform legislaţiei în vigoare.
Articolul 20. Asistenţa paliativă a persoanelor cu HIV/SIDA (1) Ministerul Sănătăţii elaborează standarde privind asistenţa paliativă în condiţii de spital şi la domiciliu. (2) Ministerul Sănătăţii şi Ministerul Protecţiei Sociale, Familiei şi Copilului coordonează la nivel naţional dezvoltarea serviciilor de îngrijiri paliative. (3) Medicii informează, la cerere, familiile persoanelor HIV pozitive referitor la îngrijirile paliative.
Articolul 21. Prevenirea transmiterii infecţiei HIV/SIDA de la mamă la făt (1) Toate femeile însărcinate au acces la consiliere şi testare gratuită la marcherii HIV. (2) Femeilor HIV pozitive însărcinate şi nou-născuţilor lor li se garantează accesul la tratament ARV pro- filactic gratuit. (3) Nou-născuţii mamelor HIV pozitive sînt asiguraţi cu alimentaţie artificială gratuită.
Capitolul VI INTERZICEREA DISCRIMINĂRII Articolul 22. Interzicerea discriminării la locul de muncă (1) Este interzisă orice formă de discriminare pe motiv de status HIV pozitiv la toate etapele de angajare, promovare sau atribuire a responsabilităţilor de serviciu în orice domeniu public sau privat, la alegerea sau numirea în funcţii publice. (2) Persoanele cu status HIV pozitiv angajate în cîmpul muncii în orice domeniu public sau privat benefici- ază de aceleaşi drepturi, garanţii şi oportunităţi ca şi ceilalţi angajaţi. (3) Nu se admite concedierea pe motiv de status HIV pozitiv. (4) Lista profesiilor şi specialităţilor la care nu pot fi admise persoanele cu status HIV pozitiv se aprobă de către Ministerul Sănătăţii şi Ministerul Protecţiei Sociale, Familiei şi Copilului.
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(5) Victimele discriminării se pot adresa în instanţa de judecată pentru repararea prejudiciului moral şi material. (6) În funcţie de stadiul infecţiei, persoanele infectate cu HIV sau bolnave de SIDA beneficiază de servicii de orientare sau reorientare profesională, în condiţiile legii.
Articolul 23. Interzicerea discriminării în instituţiile preşcolare şi de învăţămînt (1) Instituţiile preşcolare şi de învăţămînt nu au dreptul de a refuza admiterea, de a segrega sau de a limita participarea persoanei la anumite activităţi, inclusiv sportive, accesul la servicii sau beneficii ori de a exmatri- cula persoanele respective pe motiv de status HIV pozitiv. (2) Este interzisă discriminarea rudelor sau partenerilor persoanelor HIV pozitive.
Articolul 24. Restricţii la efectuarea unei călătorii şi la alegerea reşedinţei (1) Aflarea pe teritoriul Republicii Moldova, pe un termen de peste 3 luni, este permisă numai persoanelor care prezintă certificatul medical de testare la marcherii HIV cu rezultatul negativ. (2) Persoana care nu a fost supusă testării la marcherii HIV este obligată să se prezinte, în primele 10 zile de la sosirea în Republica Moldova, la instituţia respectivă pentru efectuarea testării în cauză. Persoanele care au prezentat certificatul medical de testare la marcherii HIV sau au efectuat această testare în Republica Moldova, ulterior, sînt supuse testării respective o dată pe an. (3) Conducătorul instituţiei, agentul economic sau persoana particulară care invită un cetăţean străin poar- tă răspundere de posesia de către acesta a certificatului medical de testare la marcherii HIV, iar în cazul în care nu-l are, de trimiterea lui la timp la o instituţie medico-sanitară pentru a trece testarea cuvenită.
Articolul 25. Interzicerea discriminării în instituţiile medico-sanitare şi balneare publice, departa mentale şi private (1) Orice persoană dispune de acces egal la servicii medicale indiferent de statusul HIV. (2) Nu se admite refuzul internării, primirii, accesului la servicii medicale a persoanelor cu status HIV pozi- tiv în instituţiile medico-sanitare şi balneare publice, departamentale şi private sau solicitarea unor taxe sporite pentru prestarea serviciilor respective.
Articolul 26. Interzicerea discriminării privind accesul la servicii de asigurare, de creditare şi de acordare a împrumuturilor Accesul persoanelor infectate cu HIV la servicii de asigurare (medicală, de accidente, a vieţii etc.), de credi- tare şi de acordare a împrumuturilor nu poate fi limitat pe motiv de status HIV pozitiv. Persoanele respective sînt obligate să comunice informaţiile necesare pentru accesul la asemenea servicii şi să nu ascundă sau să nu denatureze informaţiile referitor la statusul lor. Este interzis refuzul acordării de credite sau împrumuturi invo- cîndu-se starea respectivă de sănătate.
Articolul 27. Răspunderea pentru nerespectarea drepturilor persoanelor cu status HIV pozitiv Nerespectarea de către conducătorii întreprinderilor, indiferent de forma juridică de organizare sau tipul de proprietate, ai instituţiilor preşcolare şi de învăţămînt, ai instituţiilor medico-sanitare şi balneare publice, departamentale şi private a drepturilor persoanelor cu status HIV pozitiv, precum şi lezarea intereselor lor atrag după sine răspunderea conducătorilor în conformitate cu legislaţia în vigoare.
Capitolul VII BENEFICIEREA DE ASISTENŢĂ JURIDICĂ A PERSOANELOR CU STATUS HIV POZITIV ŞI RESPONSABILITATEA ACESTORA
Articolul 28. Disponibilitatea asistenţei juridice şi confidenţialitatea procesului (1) Persoanele cu status HIV pozitiv beneficiază de asistenţă juridică gratuită în caz de adresare către auto- rităţile publice şi/sau în instanţele de judecată. Reprezentarea în proces este gratuită. (2) Toate şedinţele instanţelor de judecată şi cele ale autorităţilor publice cu participarea persoanelor cu status HIV pozitiv, la cererea acestora, vor fi închise.
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Articolul 29. Responsabilitatea persoanelor cu status HIV pozitiv (1) Persoanele cu status HIV pozitiv vor da dovadă de comportamente responsabile şi inofensive pentru a-şi proteja propria sănătate şi a preveni transmiterea infecţiei HIV. (2) Persoana care este conştientă de faptul infectării sale cu HIV şi pune premeditat în pericol de contami- nare o altă persoană poartă răspundere penală în conformitate cu legislaţia în vigoare.
Capitolul VIII PREVENIREA INFECTĂRII NOZOCOMIALE Articolul 30. Asigurarea protecţiei pacienţilor Conducătorii instituţiilor medico-sanitare publice, departamentale şi private sînt obligaţi să asigure condi- ţiile necesare pentru prevenirea infectării cu HIV a pacienţilor: a) în timpul examinărilor instrumentale şi de laborator, inclusiv al testării la marcherii HIV, al efectuării in- tervenţiilor chirurgicale, ginecologice, stomatologice, al procedurilor şi manoperelor medicale şi cosmetologice; b) la transfuzia sîngelui, componentelor şi preparatelor de sînge.
Articolul 31. Asigurarea protecţiei lucrătorilor medicali (1) Ministerul Sănătăţii elaborează standarde universale de precauţie pentru profilaxia infectării cu HIV. (2) Respectarea standardelor universale menţionate la alin.(1) este o condiţie obligatorie pentru serviciile de asistenţă medicală, pentru alte servicii care presupun contactul cu sîngele şi alte fluide ale organismului uman. (3) Instruirea personalului medical în domeniu se efectuează de către administraţia instituţiilor medico- sanitare publice şi de către patronii instituţiilor private. (4) Disponibilitatea inventarului necesar (seringi de unică folosinţă, sterilizatoare, dispozitive de curăţare, mănuşi etc.) constituie o precondiţie pentru acreditarea şi reacreditarea unităţilor respective.
Articolul 32. Accesul la seturile de profilaxie postexpunere Persoanele expuse pericolului de infectare cu HIV în cadrul activităţii lor profesionale şi victimele infracţiuni- lor sexuale beneficiază gratuit de seturi de profilaxie postexpunere în cadrul instituţiilor medico-sanitare publice.
Articolul 33. Garanţii în cazul infectării nozocomiale (1) Cetăţenii Republicii Moldova care au fost infectaţi cu HIV în urma transfuziilor de sînge, intervenţiilor şi manoperelor medicale sînt asiguraţi cu pensie conform legislaţiei în vigoare. (2) Repararea prejudiciilor morale şi materiale aduse persoanei în urma infectării cu HIV revine instituţiei medico-sanitare în care a fost infectată. (3) Infectarea cu HIV a personalului medical în timpul îndeplinirii obligaţiilor de serviciu se consideră boală profesională.
Capitolul IX DISPOZIŢII FINALE ŞI TRANZITORII Articolul 34. (1) Guvernul, în termen de 6 luni: a) va prezenta Parlamentului propuneri privind aducerea legislaţiei în vigoare în conformitate cu prezenta lege; b) va asigura revizuirea şi abrogarea de către toate ministerele şi celelalte autorităţi administrative centrale a actelor lor normative ce contravin prezentei legi. (2) La data intrării în vigoare a prezentei legi, Legea nr.1460-XII din 25 mai 1993 cu privire la profilaxia maladiei SIDA se abrogă.
PREŞEDINTELE PARLAMENTULUI Marian LUPU Chişinău, 16 februarie 2007. Nr.23-XVI.
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16. HOTĂRÎREA Plenului Curţii Supreme de Justiţie a Republicii Moldova cu privire la practica aplicării legislaţiei în cauzele despre traficul de fiinţe umane şi traficul de copii nr.37 din 22.11.2004*
Traficul de fiinţe umane în diversele lui forme, inclusiv şi traficul de copii, prezintă infracţiuni periculoase, care duc în mod esenţial la încălcarea drepturilor şi libertăţilor persoanei. În scopul asigurării aplicării corecte şi unitare a legislaţiei privind traficul de fiinţe umane şi traficul de copii, conştientizînd pericolul social sporit al acestor infracţiuni şi pornind de la necesitatea protejării drepturilor şi intereselor ocrotite de lege ale persoanelor, în baza art.2 lit. e), art. 16 lit. d) din Legea cu privire la Curtea Supre- mă de Justiţie şi art.39 din CPP, Plenul prin prezenta hotărîre oferă următoarele explicaţii: 1. În sensul art.165, 206 Cod penal, prin prisma legislaţiei internaţionale în domeniu indicată în anexă, care este parte componentă a prezentei hotărîri, Plenul explică înţelesul următorilor termeni şi expresii: a) “Trafic de fiinţe umane” semnifică recrutarea, transportarea, transferul, adăpostirea sau primirea unei persoane în scop de exploatare sexuală comercială sau necomercială, prin muncă sau servicii forţate, în sclavie sau în condiţii similare sclaviei, de folosire în conflicte armate sau în activităţi criminale, de prelevare a organe- lor sau ţesuturilor pentru transplantare, săvîrşită prin: ameninţare cu aplicarea sau aplicarea violenţei fizice sau psihice nepericuloase pentru viaţa şi sănătatea persoanei, inclusiv prin răpire, prin confiscare a documentelor şi prin servitute, în scopul întoarcerii unei datorii a cărei mărime nu este stabilită în mod rezonabil; înşelăciune; abuz de poziţie de vulnerabilitate sau abuz de putere, dare sau primire a unor plăţi sau beneficii pentru a obţine consimţămîntul unei persoane care deţine controlul asupra unei alte persoane, cu aplicarea violenţei periculoase pentru viaţa, sănătatea fizică sau psihică a persoanei; prin folosirea torturii, a tratamentelor inumane sau degra- dante pentru a asigura subordonarea persoanei ori prin folosirea violului, dependenţei fizice, a armei, a amenin- ţării cu divulgarea informaţiilor confidenţiale familiei victimei sau altor persoane, precum şi a altor mijloace; b) „Trafic de copii” semnifică recrutarea, transportarea, transferul, adăpostirea sau primirea unui copii, precum şi darea sau primirea unor plăţi ori beneficii pentru obţinerea consimţămîntului unei persoane care deţine controlul asupra copilului, în scopul: exploatării sexuale, comerciale şi necomerciale, în prostituţie sau în industria pornografică; exploatării prin muncă sau servicii forţate; exploatării în sclavie sau în condiţii similare sclaviei, inclusiv în cazul adopţiei ilegale; folosirii în conflicte armate; folosirii în activitate criminală; prelevării organelor sau ţesuturilor pentru transplantare; abandonării în străinătate. Aceleaşi acţiuni însoţite: de aplicare a violenţei fizice sau psihice asupra copilului; de abuz sexual asupra copilului, de exploatare sexuală comerci- ală şi necomercială a acestuia; de aplicare a torturii, a tratamentelor inumane sau degradante pentru a asigura subordonarea copilului ori însoţite de viol, de profitare de dependenţa fizică a copilului, de folosire a armei, de ameninţare cu divulgarea informaţiilor confidenţiale familiei copilului sau altor persoane; de exploatare în sclavie sau în condiţii similare sclaviei; de folosire a copilului în conflicte armate; de prelevare a organelor sau ţesuturilor pentru transplantare. c) La încadrarea juridică a acţiunilor făptuitorului în baza art.165 şi 206 Cod penal nu se ia în consideraţie consimţămîntul victimei de a fi recrutată, transportată, transferată, adăpostită sau primită, chiar dacă aceasta era informată în privinţa scopurilor în care va fi folosită, precum şi despre mijloacele utilizate în trafic; d) Recrutarea, transportarea, transferarea, adăpostirea sau primirea unui copil în scopurile menţionate în art.206 CP sînt considerate ca “trafic de fiinţe umane”, chiar dacă nu au fost utilizate nici unul din mijloacele enunţate; e) Termenul “copil” desemnează orice persoană în vîrstă de pînă la 18 ani; f) “Victime ale traficului” sînt persoane care au suferit fie individual, fie colectiv prejudicii, inclusiv, vătămări psihice sau mintale, pierderi materiale sau morale, încălcări esenţiale ale drepturilor şi libertăţi lor fundamen- tale prin acte sau omisiuni specificate la lit.a) şi b) din prezentul punct. 2. Dispoziţia articolelor 165 şi 206 CP prevăd următoarele acţiuni infracţionale: a) recrutarea; b) transportarea;
* Buletinul Curţii Supreme de Justiţie a Republicii Moldova, 2005, nr.8, pag.4
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c) transferul; d) adăpostirea; e) primirea unei persoane. 2.1 Aceste acţiuni se săvîrşesc în scop: a) de exploatare sexuală comercială sau necomercială; b) prin muncă sau servicii forţate, în sclavie sau în condiţii similare sclaviei; c) de folosire în conflicte armate sau în activităţi criminale; d) de prelevare a organelor sau ţesuturilor pentru transplantare. 2.2 Acţiunile menţionate la traficul de copii se săvîrşesc şi în scopul: a) prostituţiei sau în industria pornografică; b) adopţiei ilegale; c) abandonării în străinătate. 2.3 Acţiunile infracţionale menţionate se realizează prin următoarele mijloace: a) ameninţarea cu aplicarea violenţei fizice sau psihice nepericuloase pentru viaţa şi sănătatea persoanei, inclusiv prin răpire, confiscarea documentelor, prin servitute, în scopul întoarcerii unei datorii a cărei mărime nu este stabilită în mod rezonabil; b) înşelăciune; c) abuz de poziţie de vulnerabilitate sau abuz de putere; d) dare sau primire a unei plăţi sau beneficii pentru a obţine consimţămîntul unei persoane care deţine controlul asupra altei persoane; e) cu aplicarea violenţei periculoase pentru viaţa, sănătatea fizică sau psihică a persoanei; f) prin folosirea torturii, a tratamentelor inumane sau degradante pentru a asigura subordonarea persoanei ori prin folosirea violului, dependenţei fizice, a armei, a ameninţării cu divulgarea informaţiilor confidenţiale familiei victimei sau altor persoane, precum şi a altor mijloace; Pentru realizarea laturii obiective a traficului de fiinţe umane este de ajuns existenţa cel puţin a unei acţiuni (inacţiuni) infracţionale menţionate, în cel puţin unul din scopurile enumerate şi care este săvîrşită măcar prin unul din mijloacele specificate. 3. La interpretarea acţiunilor de trafic urmează de avut în vedere următoarele explicaţii: 3.1 Recrutarea în scopul traficului de fiinţe umane presupune atragerea persoanelor prin selecţionare într-o anumită activitate determinată de scopurile stipulate în art.165 şi art.206 CP. La recrutare nu are importanţă împrejurările în care a avut loc recrutarea: în locurile de odihnă, prin reţele neconvenţionale, prin oferirea locurilor de muncă sau studii, prin încheierea unei căsătorii fictive etc. Mijloacele de recrutare pot fi efectuate prin constrîngere, răpire, înşelăciune parţială sau totală etc. 3.2 Prin transportare se înţelege deplasarea unei persoane dintr-un loc în altul în perimetrul unui stat sau peste frontieră, folosind diferite mijloace de transport ori pe jos. 3.3 Transferul unei persoane este transmiterea victimei de la o persoană la alta prin vînzare-cumpărare, schimb, dare în chirie, cesiune în contul unei datorii, donaţie sau alte asemenea tranzacţii cu sau fără recompensă. 3.4 Adăpostirea victimei este plasarea acesteia într-un loc ferit pentru a nu fi descoperită de către reprezen- tanţii organelor de stat sau de terţe persoane care ar putea denunţa traficantul. 3.5 Primirea victimei este preluarea victimei traficate de către o altă persoană de la persoana care i-a trans- mis-o prin vînzare-cumpărare, schimb, dare în chirie, cesiune în contul unei datorii, donaţie sau alte asemenea tranzacţii cu sau fără recompensă. 4. Scopurile specificate la art.165 şi 206 CP se vor tălmăci după cum urmează: 4.1 Prin exploatare sexuală se înţelege impunerea persoanei la practicarea prostituţiei sau a altor acţiuni cu caracter sexual. Prin exploatare sexuală comercială se înţelege activitate aducătoare de profituri, care are drept urmare majorarea activului patrimonial al făptuitorului sau altor persoane, exprimîndu-se în folosirea victimei prin constrîngere în prostituţie sau în industria pornografică. Prin exploatare sexuală necomercială se înţelege activitatea care nu are nici un impact direct asupra mări- mii patrimoniului făptuitorului sau altor persoane, exprimîndu-se în căsătorie (inclusiv poligamică), concubi- naj sau alte asemenea forme de coabitare etc.
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4.2 Exploatarea prin muncă sau prin servicii forţate în conformitate cu prevederile Convenţiei Organi- zaţiei Internaţionale a Muncii privind munca forţată sau obligatorie constituie: a) determinarea victimei prin constrîngere să îndeplinească o muncă pe care din propria iniţiativă şi voinţă nu ar îndeplini-o; b) punerea victimei în situaţia de a presta o muncă la care nu era obligată de a o efectua; c) ţinerea persoanei în servitute pentru achitarea unei datorii; d) obţinerea muncii sau a serviciilor prin înşelăciune, constrîngere, violenţă sau ameninţare cu violentă; 4.3 Sclavie este starea sau condiţia unei persoane, asupra căreia se exercită una sau toate puterile care derivă din dreptul de proprietate; Condiţii similare sclaviei constituie punerea sau ţinerea unei persoane în condiţii în care o altă persoană exercită stăpînire asupra acesteia sau determinarea persoanei prin utilizarea forţei sau constrîngerii, înşelăciu- nii sau ameninţării cu violenţă să exercite anumite servicii, inclusiv să se angajeze sau să rămînă în raport de concubinaj sau căsătorie; 4.4 Folosirea victimei în conflicte armate reprezintă antrenarea forţată a acesteia în operaţiuni armate; 4.5 Folosirea în activitate criminală constituie atragerea forţată la săvîrşirea unor fapte ce constituie infracţiuni; 4.6 Prelevarea de organe sau ţesuturi pentru transplantare are loc în cazul obligării victimei la prelevare de organe, ţesuturi sau alte elemente ale corpului pentru transplantare, contrar prevederilor Legii privind trans- plantul de organe şi ţesuturi umane (M.O., nr.94-95/474 din 26.08.1999); 4.7 Abandonarea copilului în străinătate, prevăzută de art.206 CP, constă în părăsirea copilului pe terito- riul unui stat străin şi nereîntoarcerea acestuia pe teritoriul Republicii Moldova. Abandonarea poate avea loc ca urmare a scoaterii legale cît şi ilegale a copilului din Republica Moldova. 5. Mijloacele de efectuare a traficului de fiinţe umane se interpretează în felul următor: 5.1. Violenţa fizică nepericuloasă pentru viaţa şi sănătatea persoanei constă în cauzarea intenţionată a le- ziunilor corporale, care nu au drept urmare dereglarea de scurtă durată a sănătăţii sau o pierdere neînsemnată, dar stabilă a capacităţii de muncă, fie aplicarea intenţionată a loviturilor sau săvîrşirea altor acte de violenţă care au cauzat o durere fizică dacă acestea nu au creat un pericol pentru viaţa sau sănătatea victimei. Reglementările sînt prevăzute în Regulamentul de apreciere medico-legală a gravităţii vătămării corporale (M.O., nr.170-172 din 08.08.2003). 5.2 Violenţa psihică constă într-o ameninţare asupra psihicului persoanei sub influenţa căreia victima nu-şi dirijează voinţa în mod liber şi săvîrşeşte o activitate la dorinţa traficantului. 5.3 Prin violenţa periculoasă pentru viaţă şi sănătatea fizică sau psihică a persoanei se înţelege vătăma- rea intenţionată gravă ori medie, prevăzute de art.art.151 şi 152 CP. Dacă violenţa, aplicată în legătură cu traficul de fiinţe umane, constă în vătămarea intenţionată gravă a in- tegrităţii corporale sau a sănătăţii, cele comise se califică prin concurs de infracţiuni în baza art.165 ori, după caz, art.206 şi art.151 Cod penal. Din rîndul acţiunilor periculoase, menţionate mai sus, fac parte vătămările, care prin însăşi natura lor sînt periculoase pentru viaţa victimei la momentul producerii sau care în evoluţia lor obişnuită, fără un tratament corespunzător, pot provoca sau provoacă moartea victimei. 5.4 Răpirea unei persoane presupune acţiuni contrare dorinţei sau voinţei victimei însoţită de schimbarea locului de reşedinţă ori de aflare temporară în alt loc cu privarea ei de libertate. Capturarea, schimbarea forţată a locului de reşedinţă cu privarea de libertate a victimei constituie elemente obligatorii ca mijloace de comitere a traficului de persoane prin răpire. Răpirea unei persoane presupune existenţa următoarelor trei etape succesive: a) capturarea victimei; b) luarea şi deplasarea ei de la locul acesteia permanent sau provizoriu (locul de trai, de muncă, de odihnă, de tratament etc); c) reţinerea persoanei cu privarea de libertate împotriva voinţei sau neluarea în seamă a voinţei acesteia. 5.5 Confiscarea documentelor constituie lipsirea sub orice formă a victimei de documente de identitate, de călătorie ş.a. (paşaport, buletin de identitate, permis de şedere, documente de călătorie etc). 5.6 Servitute (stare de dependenţă) presupune situaţia cînd victima este privată de libertate, inclusiv de liberta- tea de mişcare, ţinută ca ostatic pînă cînd ea sau o terţă persoană va achita o datorie stabilită legal sau ilegal. 5.7 Înşelăciunea constă în inducerea în eroare şi păgubirea unei persoane prin prezentarea drept adevărate a unor fapte mincinoase sau inversate în scopul de a obţine pentru sine sau pentru altcineva realizarea traficului de persoane.
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Înşelăciunea ca metodă de săvîrşire a infracţiunii se poate manifesta atît prin acţiuni active, care constau în comunicarea informaţiilor false despre anumite circumstanţe sau fapte, cît şi prin inacţiuni care rezidă în ascunderea, tăinuirea circumstanţelor sau faptelor reale (de exemplu, false promisiuni pentru un loc de muncă legal, tăinuirea condiţiilor adevărate în care victima va fi forţată să muncească etc). 5.8 Abuzul de poziţie de vulnerabilitate (art.165 alin.(1) lit.c) constă în utilizarea de către traficant a stării speciale în care se găseşte o persoană datorită: a) situaţiei sale precare din punct de vedere al supravieţuirii sociale; b) situaţiei create de o sarcină, boală, infirmitate, deficienţă fizică sau mintală; c) situaţiei sale precare şi ilegale legate de intrare sau şedere în ţară, de tranzit sau destinaţie. Starea de vulnerabilitate poate fi condiţionată de diferiţi factori cum ar fi: izolarea victimei, situaţia ei eco- nomică grea, psihică, afectarea familială sau lipsa de resurse sociale şi altele. Abuzarea de situaţia de vulnerabilitate a victimei constituie element al traficului. Prin situaţia de vulnera- bilitate a victimei urmează de înţeles orice tip de vulnerabilitate, fie ea psihică, afectivă, familială, socială sau economică. Se are în vedere ansamblul de situaţii disperate care poate face un om să accepte exploatarea sa. 5.9 Abuzul de putere reprezintă utilizarea în mod exagerat de către un subiect special - persoana cu funcţii de răspundere, reprezentînd autoritatea publică, a atribuţiilor ce i-au fost conferite prin lege. În acest caz nu este necesară calificarea suplimentară conform art.327 Cod penal. 5.10 Darea sau primirea de plăţi sau beneficii pentru a obţine consimţămîntul unei persoane care de- ţine controlul asupra unei alte persoane este o înţelegere între persoanele menţionate interesate în obţinerea acordului referitor la transmiterea victimei şi la folosirea ei în scopuri menţionate în art.art.165, 206 CP. Persoană care deţine controlul asupra altei persoane este persoana care în mod legal sau ilegal controlea- ză activitatea victimei şi utilizează această autoritate în procesul traficului. 5.11 Termenul “tortura” ca metodă a traficului se înţelege orice act prin care se cauzează unei persoane în mod intenţionat suferinţe puternice sau dureri grave, fie fizice sau psihice. Tortura reprezintă cauzarea intenţionată a unor suferinţe sau dureri fizice sau psihice grave în scopurile specificate mai sus. Distincţia dintre tortură şi alte tipuri de maltratare trebuie realizată conform diferenţei de intensitate a durerii cauzate. Gravitatea sau intensitatea durerii cauzate poate fi determinată prin mai mulţi factori: durată; consecinţele fizice sau psihice; sexul, vîrsta şi starea sănătăţii victimei; modul şi metoda de executare. Violenţa fizică şi psihică, considerate ca un tot întreg, aplicate persoanei, dacă au cauzat dureri şi suferinţe grave şi au fost deosebit de aspre şi crude, pot fi calificate ca acte de tortură în sensul art.165 CP (privarea de somn, de mîncare şi apă, cauterizări cu factori termici, chimici, intimidări, lipsirea persoanei de asistenţă medi- cală, de obiecte de igienă ş.a.). Tortura constituie o formă agravantă şi intenţionată a unui tratament inuman sau degradant. Tratament inuman în sensul art.165 CP constituie un ansamblu de operaţii aplicate persoanei în scopul obţinerii subordonării ei. Prin tratament inuman se înţelege orice tratament, altul decît tortura, de natură să provoace intenţionat groaznice suferinţe fizice ori psihice, care nu pot fi justificate. Tratamentul degradant reprezintă orice tratament, altul decît tortura, care umileşte în mod grosolan per- soana în faţa altora, sau o impune să acţioneze împotriva voinţei şi conştiinţei sale, sau este de natură să producă victimei sentimente de teamă, de inferioritate, de îngrijorare, în stare să o înjosească şi să-i înfrîngă rezistenţa fizică şi morală pentru a asigura subordonarea victimei. 5.12 Prin folosirea violului la trafic de fiinţe umane se înţelege atentarea traficantului asupra relaţiilor sociale referitoare la libertatea şi inviolabilitatea sexuală a persoanei, indiferent de sex cu scop de exploatare a fiinţelor umane şi aceste acţiuni nu necesită încadrare juridică suplimentară în baza art. 171 Cod penal. Prin abuz sexual asupra copilului se înţeleg acţiunile violente cu caracter sexual, constrîngerea la acţiuni cu caracter sexual, acţiuni perverse şi asemenea acţiuni nu necesită încadrare juridică suplimentară în baza art.172, 173, 175 CP. 5.13 Dependenţa fizică înseamnă starea fizică sau psihică ce rezultă din interacţiunea organismului victi- mei cu substanţe narcotice sau psihotrope, stare caracteristică prin modificări de comportament şi alte reacţii, însoţite întotdeauna de necesitatea de a folosi asemenea substanţe în mod continuu sau periodic, pentru a le resimţi efectele psihice şi, uneori, pentru a evita suferinţele. 6. Conform alin.(2) şi (3) ale art.165 şi 206 CP răspunderea penală poate surveni în cazurile, cînd dispoziţi- ile alineatelor (1) din aceste articole sînt însoţite de calificativele respective.
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6.1 Infracţiunea se consideră repetată cînd au fost comise două sau mai multe infracţiuni de trafic pentru care persoana nu a fost condamnată şi nu a expirat termenul de prescripţie de tragere la răspundere penală. Orice alte persoane care participă la infracţiune apar în calitate de organizatori, instigatori, complici sau coautori. 6.2 Traficul de persoane se consideră săvîrşit cu bună ştiinţă asupra unei femei gravide în cazurile cînd făptuitorul ştia despre sarcina victimei. Dacă traficantul nu a ştiut la momentul săvîrşirii faptei că victima este gravidă, faptele săvîrşite în lipsa altor circumstanţe agravante trebuie calificate ca trafic simplu de persoane. 6.3 Aplicarea armei în sensul prevăzut la lit.f) alin.(2) art.165 constă în utilizarea oricărei forme de armă inclusiv arme de foc, arme albe sau alte forme de arme întrucît legislatorul nu a specificat tipul de armă aplicată. Folosirea în cadrul traficului de fiinţe umane a altor obiecte utilizate ca arme nu poate constitui uri temei de agravare a răspunderii penale în temeiul alin.(2) art.165 şi 206 CP. Prin aplicarea armei se înţelege folosirea acesteia în vederea anihilării victimei sau a persoanelor care au încercat să o elibereze pe victimă (tragerea ţintită a focurilor de armă, aplicarea loviturilor cu armă albă, de- monstrarea armei în scopul înfricoşării, sprijinirea armei de gîtul victimei, tragerea focului armei în apropierea imediată a ei etc). 6.4 Ameninţarea cu divulgarea informaţiei confidenţiale constă în folosirea unor date confidenţiale pen- tru intimidarea victimei ca un mecanism de control asupra ei (ameninţarea persoanei cu dezvăluirea informa- ţiei cu caracter intim familiei acesteia etc). 6.5 Grup criminal organizat sau organizaţie, criminală prevăzute de alin.(3) art.165 CP se consideră reu- niunea asociată criminală care întruneşte semnele caracteristice prevăzute de art.46, 47 CP. Conform Conven- ţiei ONU privind crima organizată transnaţională din 15 noiembrie 2000 grupul criminal organizat este grupul structurat din 3 sau mai multe persoane care funcţionează o perioadă de timp şi acţionează împreună pentru a comite una sau mai multe infracţiuni grave definite în conformitate cu această Convenţie, în scopul obţinerii directe sau indirecte a unor avantaje băneşti sau alte avantaje materiale. 7. Orice formă de participaţie la traficul de fiinţe umane va fi incriminată în conformitate cu prevederile Capitolului IV din Codul penal, Partea Generală. 8. Pregătirea şi tentativa de săvîrşire a traficului de fiinţe umane vor fi încadrate prin prisma art.26, 27 Cod penal. 9. Dacă paralel cu traficul de persoane au fost săvîrşite şi alte acţiuni care au atentat asupra altor relaţii so- ciale, acţiuni care nu se încadrează în dispoziţiile art.165, 206 CP, acestea urmează a fi încadrate separat, prin concurs de infracţiuni, inclusiv trafic. 10. Traficul de fiinţe umane, precum şi traficul de copii face parte din componenţa de infracţiune formală şi se consideră consumată din momentul săvîrşirii cel puţin a unei acţiuni specificate la art.165 şi 206 CP indife- rent de survenirea consecinţelor prejudiciabile. 11. Latura subiectivă a traficului de persoane se caracterizează prin intenţie directă. 12. Subiect al infracţiunilor, prevăzute de art.165 şi 206 CP poate fi orice persoană fizică responsabilă, care a împlinit vîrsta de 16 ani. Subiect special al infracţiunii prevăzute de art.206 CP poate fi persoana responsabilă la care legal se afla în întreţinere copilul sau sub supraveghere la momentul săvîrşirii infracţiunii prevăzute la alin.(1) lit.g) - abando- narea copilului în străinătate. 13. Obiectul juridic al infracţiunii prevăzute de art.165 CP îl constituie relaţiile sociale ale căror existenţă de desfăşurare normală sînt condiţionate de libertatea persoanei. 14. Obiectul juridic al infracţiunii prevăzute de art.206 CP constituie relaţiile ce vizează dezvoltarea normală fizică şi psihică a copilului, libertatea lui individuală. 15. Conform art.220 CP proxenetismul presupune acţiuni ilegale ale proxenetului care mijloceşte prostituţia pentru a trage foloase materiale personale din această ocupaţie. Această activitate se realizează prin: a) îndemnul sau determinarea la prostituţie; b) înlesnirea practicii prostituţiei; c) tragerea de foloase de pe urma practicării prostituţiei; d) recrutarea de persoane pentru prostituţie. În cazul proxenetismului prostituata nu este victimă. În acest caz între prostituată şi proxenet există nişte relaţii benevole.
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Proxenetismul este o infracţiune contra sănătăţii publice şi convieţuirii sociale. Prin aceasta şi se delimitează proxenetismul de trafic de fiinţe umane. 16. Diferenţierea traficului de fiinţe umane şi a traficului de copii de trecerea ilegală a frontierei de stat constă în obiectul acestora şi anume, trecerea ilegală a frontierei de stat atentează asupra activităţii normale a autorităţilor publice şi securităţii de stat, iar traficul este infracţiune contra persoanei. Latura obiectivă a trecerii ilegale a frontierei de stat în sensul art.362 CP constă în trecerea ilegală a fronti- erei de stat ocrotite (păzite) pe uscat, pe apă sau aer fără documente necesare, fără permisiunea cuvenită ori în locurile nepermise. În cadrul traficului deplasarea persoanelor peste frontieră poate avea loc atît pe cale legală cît şi ilegală. 17. Instanţele de judecată în conformitate cu cerinţele art.23 CPP vor întreprinde acţiuni concrete bazate pe lege în asigurarea drepturilor şi protejarea victimei, ţinîndu-se cont de specificul examinării dosarelor penale legate de traficul de fiinţe umane, împiedicînd revictimizarea persoanei, acordîndu-i tacticos sprijinul adecvat, conştientizînd necesitatea reabilitării psihologice, medicale şi sociale şi revenirii ei din stresul traumatic. Organele de urmărire penală şi instanţele urmează să întreprindă măsurile de rigoare pentru asigurarea securităţii şi protecţiei eficiente a victimei şi martorilor faţă de represalii şi posibile intimidări, evitînd influenţa traficanţilor asupra lor. În caz de necesitate asistenţa juridică a victimei se asigură de către un avocat din oficiu. 18. Instanţele de apel şi recurs necesită să între prindă măsurile respective privind îmbunătăţirea efectuării justiţiei în cazurile de trafic de fiinţe umane şi repararea eventualelor erori judiciare.
Preşedintele Curţii Supreme de Justiţie Valeria Şterbeţ
Chişinău, 22 noiembrie 2004 nr.37.
143 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
17. HOTĂRÎRE cu privire la aprobarea componenţei nominale a Comitetului naţional pentru combaterea traficului de fiinţe umane, Regulamentului Comitetului naţional şi Planului naţional de prevenire şi combatere a traficului de fiinţe umane nr. 472 din 26.03.2008 [Titlul hotărîrii modificat prin Hot.Guv. nr.835 din 13.09.2010, în vigoare 24.09.2010]
Monitorul Oficial nr.69-71/453 din 04.04.2008
***
În temeiul Legii nr.241-XVI din 20 octombrie 2005 privind prevenirea şi combaterea traficului de fiinţe umane (Monitorul Oficial al Republicii Moldova, 2005, nr.164-167, art.812), Guvernul
HOTĂRĂŞTE:
1. Se aprobă: Componenţa nominală a Comitetului naţional pentru combaterea traficului de fiinţe umane, conform ane- xei nr.1; Regulamentul Comitetului naţional pentru combaterea traficului de fiinţe umane, conform anexei nr.2; Planul naţional de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011, conform anexei nr.3. [Pct.1 modificat prin Hot.Guv. nr.835 din 13.09.2010, în vigoare 24.09.2010] 11. Comitetul naţional pentru combaterea traficului de fiinţe umane va fi asistat în activitate de secretariat, format din reprezentanţi ai Ministerului Muncii, Protecţiei Sociale şi Familiei, Ministerului Justiţiei şi Minis- terului Educaţiei, conduşi de secretarul Comitetului naţional, reprezentant al Centrului pentru combaterea traficului de persoane, Ministerul Afacerilor Interne. [Pct.11 introdus prin Hot.Guv. nr.795 din 03.12.2009, în vigoare 08.12.2009] 2. Ministerele, alte autorităţi administrative centrale şi autorităţile administraţiei publice locale, responsabile de implementarea şi realizarea măsurilor preconizate, vor prezenta Guvernului, semestrial, rapoarte despre re- alizarea Planului naţional de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011. [Pct.2 modificat prin Hot.Guv. nr.835 din 13.09.2010, în vigoare 24.09.2010] 3. Se stabileşte că, în cazul eliberării membrilor Comitetului naţional din posturile deţinute, funcţiile lor în cadrul Comitetului vor fi exercitate de către persoanele nou-desemnate în aceste posturi, fără a fi emisă o nouă hotărîre de Guvern. 4. Se abrogă Hotărîrea Guvernului nr.1219 din 9 noiembrie 2001 “Cu privire la aprobarea componenţei nominale a Comitetului naţional pentru combaterea traficului de fiinţe umane şi Planului naţional de acţi- uni pentru combaterea traficului de fiinţe umane” (Monitorul Oficial al Republicii Moldova, 2001, nr.136-138 art.1274), cu modificările şi completările ulterioare.
PRIM-MINISTRU Vasile TARLEV Contrasemnează: Viceprim-ministru Victor Stepaniuc Viceprim-ministru, ministrul afacerilor externe şi integrării europene Andrei Stratan Ministrul protecţiei sociale, familiei şi copilului Galina Balmoş Ministrul afacerilor interne Gheorghe Papuc Ministrul educaţiei şi tineretului Victor Ţvircun Ministrul sănătăţii Ion Ababii
144 Acte normative actualizate
Ministrul culturii şi turismului Artur Cozma Ministrul dezvoltării informaţionale Vladimir Molojen Ministrul finanţelor Mihail Pop
Chişinău, 26 martie 2008. Nr.472. Anexa nr.1 la Hotărîrea Guvernului nr.472 din 26 martie 2008
COMPONENTA NOMINALĂ a Comitetului naţional pentru combaterea traficului de fiinţe umane
LEANCĂ Iurie viceprim-ministru, ministru al afacerilor externe şi integrării europene, preşedinte al Comitetului naţional BULIGA Valentina ministru al muncii, protecţiei sociale şi familiei, vicepreşedinte al Comitetului naţional CATAN Victor ministru al afacerilor interne, vicepreşedinte al Comitetului naţional BUBUIOC Maria şef de serviciu, Centrul pentru combaterea traficului de persoane, Ministerul Afacerilor Interne, secretar al Comitetului naţional ZUBCO Valeriu procuror general MIHAI Gheorghe director al Serviciului de Informaţii şi Securitate TĂNASE Alexandru ministru al justiţiei FOCŞA Boris ministru al culturii HOTINEANU Vladimir ministru al sănătăţii BUJOR Leonid ministru al educaţiei OLEINIC Alexandru ministru al tehnologiilor informaţionale şi comunicaţiilor CEBANU Ion ministru al tineretului şi sportului NEGRUŢA Veaceslav ministru al finanţelor FORMUZAL Mihail guvernator (başkan) al unităţii teritoriale autonome Găgăuzia (Gagauz-Yeri) RICHICINSCHI Iurie secretar al Consiliului Suprem de Securitate HÎNCU Valeriu director al Centrului pentru combaterea traficului de persoane, Ministerul Afacerilor Interne ROIBU Alexei director general al Serviciului Grăniceri
[Anexa nr.1 modificată prin Hot.Guv. nr.835 din 13.09.2010, în vigoare 24.09.2010] [Anexa nr.1 în redacţia Hot.Guv. nr.795 din 03.12.2009, în vigoare 08.12.2009] [Anexa nr.1 modificată prin Hot.Guv. nr.1256 din 11.11.2008, în vigoare 14.11.2008]
Anexa nr.2 la Hotărîrea Guvernului nr.472 din 26 martie 2008 REGULAMENTUL Comitetului naţional pentru combaterea traficului de fiinţe umane
1. Comitetul Naţional pentru combaterea traficului de fiinţe umane (în continuare - Comitetul naţional) este un organ consultativ permanent al Guvernului, creat în scopul coordonării activităţii de prevenire şi com- batere a traficului de fiinţe umane. 2. În componenţa Comitetului naţional se includ reprezentanţi ai autorităţilor publice, inclusiv ai organelor de drept şi altor organizaţii care desfăşoară activităţi de prevenire şi combatere a traficului de fiinţe umane.
145 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
3. Comitetul va fi format din reprezentanţi ai: Ministerului Afacerilor Interne; Ministerului Justiţiei; Ministerului Sănătăţii; Ministerului Protecţiei Sociale, Familiei şi Copilului; Ministerului Afacerilor Externe şi Integrării Europene; Ministerului Educaţiei şi Tineretului; Ministerului Dezvoltării Informaţionale; Ministerului Culturii şi Turismului; Ministerului Administraţiei Publice Locale; Serviciului Grăniceri; Camerei de Licenţiere; Aparatului Preşedintelui Republicii Moldova; Procuraturii Generale; Serviciului de Informaţii şi Securitate. 4. Reprezentanţii organizaţiilor neguvernamentale şi organizaţiilor internaţionale, care au reprezentanţe în Republica Moldova şi desfăşoară activităţi de combatere a traficului de fiinţe umane şi de acordare a asistenţei victimelor traficului de fiinţe umane, pot participa la şedinţele Comitetului naţional cu drept de vot consultativ. 5. Comitetul naţional are următoarele funcţii: înaintează Guvernului propuneri privind principiile politicii de stat în domeniul prevenirii şi combaterii traficului de fiinţe umane şi recomandări orientate spre perfecţionarea activităţii de depistare şi lichidare a cauzelor şi condiţiilor care contribuie la apariţia traficului de fiinţe umane şi realizarea activităţilor de trafic de fiinţe umane; monitorizează realizarea acţiunilor prevăzute în Planul naţional de prevenire şi combatere a traficului de fiinţe umane pe anii 2008-2009 (în continuare - Planul naţional) şi a prevederilor legislaţiei privind prevenirea şi combaterea traficului de fiinţe umane de către organizaţiile şi instituţiile de stat; colectează şi analizează informaţia despre proporţiile, starea şi tendinţele traficului de fiinţe umane la nivel naţional; elaborează propuneri de perfecţionare a legislaţiei în domeniul prevenirii şi combaterii traficului de fiinţe umane şi protecţiei victimelor acestui trafic; organizează campanii de familiarizare a populaţiei cu problemele ce ţin de traficul de fiinţe umane şi peri- colul social al acestui fenomen; coordonează activitatea comisiilor teritoriale şi a instituţiilor specializate privitor la realizarea acţiunilor din Planul naţional, precum şi a altor acţiuni de prevenire şi combatere a traficului de fiinţe umane; evaluează şi monitorizează, periodic, procesul de realizare a Planului naţional şi aduce rezultatele obţinute la cunoştinţă Guvernului şi societăţii civile. 6. Comitetul naţional este prezidat de către un viceprim-ministru. Preşedintele reprezintă Comitetul naţional în raporturile sale cu autorităţile publice din ţară, precum şi în relaţiile internaţionale. 7. Preşedintele Comitetului naţional îndeplineşte următoarele atribuţii de bază: asigură îndeplinirea funcţiilor Comitetului naţional; aprobă agenda şi graficul şedinţelor; convoacă şi prezidează şedinţele Comitetului naţional; semnează hotărîrile Comitetului naţional; semnează invitaţiile pentru reprezentanţii organizaţiilor neguvernamentale şi internaţionale în vederea par- ticipării acestora la şedinţele Comitetului naţional. 8. În lipsa preşedintelui, activitatea este condusă de vicepreşedintele Comitetului naţional. 9. Activitatea organizatorică a Comitetului naţional este asigurată de secretar. 10. Secretarul Comitetului naţional: elaborează propuneri privind agenda şi graficul şedinţelor Comitetului naţional; pregăteşte şedinţele Comitetului naţional, ţine lucrările de secretariat;
146 Acte normative actualizate
organizează acţiuni pentru îndeplinirea hotărîrilor Comitetului naţional; organizează acţiuni de colaborare cu organele altor state, organizaţii neguvernamentale şi internaţionale; îndeplineşte alte atribuţii, conform funcţiilor ce îi revin. 11. Corespondenţa în problemele ce intră în competenţa Comitetului naţional este ţinută de secretar, prin intermediul preşedintelui Comitetului. 12. Comitetul naţional poate forma grupuri permanente sau temporare de experţi, în scopul examinării problemelor şi elaborării soluţiilor ce ţin de domeniile specifice ale activităţii sale. În componenţa grupurilor de experţi se includ membrii Comitetului naţional, experţi naţionali în domeniile vizate din ministere şi alte auto- rităţi administrative centrale, precum şi, în caz de necesitate, reprezentanţi ai organizaţiilor neguvernamentale şi internaţionale care desfăşoară activităţi în domeniul vizat. 13. Şedinţele Comitetului naţional se convoacă conform unui grafic întocmit, dar nu mai rar decît o dată în trimestru. În caz de necesitate, şedinţele se ţin mai des. 14. Prezentarea chestiunilor spre examinare Comitetului naţional se efectuează de către membrii Comitetu- lui, precum şi de conducătorii ministerelor, altor autorităţi administrative centrale şi organe interesate. Agenda şedinţei se distribuie membrilor Comitetului naţional cu cel puţin 3 zile înainte de şedinţă. 15. Şedinţele Comitetului naţional se consemnează în procese-verbale, semnate de preşedintele Comitetului naţional şi secretar. 16. Hotărîrile se adoptă cu majoritatea de voturi ale membrilor prezenţi ai Comitetului naţional, cu condiţia participării la şedinţă a cel puţin 2/3 din membrii acestuia. Dacă membrul Comitetului naţional nu poate participa la şedinţă din motive întemeiate, el prezintă în scris preşedintelui Comitetului opinia sa asupra problemelor examinate. 17. Hotărîrile Comitetului naţional sînt executorii pentru autorităţile şi instituţiile publice, cu condiţia semnării acestora de către Prim-ministru. 18. Comitetul naţional prezintă, periodic, Guvernului, la solicitare, dar nu mai rar de două ori pe an, către 1 februarie şi 1 august, un raport despre activitatea sa. Autorităţile administrative centrale pot solicita de la Comitetul naţional informaţii despre respectarea legislaţiei cu privire la prevenirea şi combaterea traficului de fiinţe umane şi în alte cazuri.
147 Anexa nr.3
148 la Hotărîrea Guvernului nr.472 din 26 martie 2008 PLANUL NAŢIONAL de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011
Scopurile Structurile Termenul Rezultatele Scopurile Activităţile / Sursele şi obiectivele responsabile Partenerii de scontate strategice subactivităţile specifice de implementare realizare bugetare alte surse 1 2 3 4 5 6 7 8
1. CADRUL DE ASISTENŢĂ 1.1. Structurile de coordonare Îmbunătăţirea Instituirea unor Desemnarea persoanelor Autorităţile respon- Semestrul II, În limita Persoane responsa- măsurilor de instrumente şi responsabile de colabo- sabile, conform Legii 2010 alocaţiilor bile din cadrul mi- combatere a mecanisme (oficial rarea interministerială, nr.241-XVI din 20 oc- bugetare nisterelor vizate Traficul de fiinţe umane şi egalitatea genurilor în Moldova
traficului prin aprobate) destinate cu structurile negu- tombrie 2005 prevăzute în coordonarea cooperării între or- vernamentale şi inter- acest scop activităţilor ganele de stat şi cele naţionale în domeniul între subiecţii neguvernamentale prevenirii şi combaterii implicaţi traficului de fiinţe umane Coordonarea activi- Crearea Secretariatului Comitetul Naţional ONG-uri Semestrul II, În limita Organizaţia pentru Secretariat funcţio- tăţilor antitrafic între permanent al Comite- pentru Combaterea 2010 alocaţiilor Securitate şi Coo- nal, cadru de func- subiecţii implicaţi tului naţional de com- Traficului de Fiinţe bugetare perare în Europa, ţionare elaborat şi batere a traficului de Umane prevăzute în Organizaţia Inter- aprobat fiinţe umane, elaborarea acest scop naţională a Muncii, şi aprobarea cadrului de Organizaţia Inter- funcţionare a acestuia naţională pentru Migraţie, Centrul Internaţional pentru Protecţia şi Promo- varea Drepturilor Femeii “La Strada” Organizarea şedinţelor Organizaţia pentru Ministerul Muncii, 2010-2011 Organizaţia Inter- 11 şedinţe de coor- de coordonare tehnică în Securitate şi Cooperare Protecţiei Soci- naţională pentru donare tehnică în domeniul antitrafic în Europa ale şi Familiei, Migraţie Chişinău, 8 şedinţe Secretariatul Co- regionale, 8 şedinţe mitetului naţional în regiunea transnis- pentru combaterea treană traficului de fiinţe umane, ONG-uri 1.2. Cadrul legal şi de reglementare Perfecţionarea Elaborarea preve- Modificarea cadrului Ministerul Afacerilor Semestrul II, În limita Proiectul de lege cadrului legal şi derilor legale care legislativ penal în sensul Interne, Ministerul 2010 alocaţiilor cu privire la mo- normativ ce ţine asigură accesul confiscării speciale a Justiţiei, Procuratura bugetare dificarea unor acte de prevenirea persoanelor traficate bunurilor infractorului Generală prevăzute în legislative elaborat şi şi combaterea la despăgubiri din în folosul statului doar acest scop aprobat traficului de partea traficanţilor după despăgubirea părţi- fiinţe umane, şi/sau statului lor vătămate precum şi ca- Modificarea cadrului Modificarea şi comple- Agenţia Turismului, Ministerul Afa- Semestrul II, În limita Proiectul de lege drului ce ţine de legislativ şi normativ tarea Legii turismului Ministerul Economiei cerilor Interne, 2010 alocaţiilor cu privire la mo- protecţia şi asis- existent în domeniul nr.798-XIV din 11 (Camera de Licenţiere), Organizaţia Inter- bugetare dificarea unor acte tenţa victimelor turismului februarie 2000 privind Ministerul Justiţiei naţională pentru prevăzute în legislative elaborat şi traficului introducerea unor cerin- Migraţie, Centrul acest scop aprobat ţe mai eficiente pentru de Prevenire a asigurarea unei evidenţe Traficului de stricte a revenirii în ţară, Femei, Centrul în termenele stabilite în de drept Căuşeni, contractul de prestări Centrul Internaţi- servicii turistice, a turiş- onal pentru Pro- tilor plecaţi în străinătate tecţia şi Promo- varea Drepturilor Femeii “La Strada” Dezvoltarea în continu- Ministerul Educaţiei, Ministerul Afa- Semestrul II, Actele legislative şi are a cadrului juridic de Ministerul Tineretului cerilor Interne, 2010 normative elaborate reglementare a activităţii şi Sportului, Ministerul Organizaţia Inter- şi aprobate de intermediere, con- Economiei (Camera de naţională pentru form Programelor Sum- Licenţiere), Ministerul Migraţie, Centrul mer Work & Travel Justiţiei de Prevenire a Traficului de Femei, Centrul de drept Căuşeni, Centrul Internaţi- onal pentru Pro- tecţia şi Promo- varea Drepturilor Femeii “La Strada”
149 Acte normative actualizate Stabilirea standarde- Dezvoltarea în Ministerul Afacerilor ONG-uri Semestrul II, Regulamentul cu
150 lor în domeniul pre- continuare a cadrului Externe şi Integrării 2010 privire la preveni- venirii şi combaterii normativ pentru Europene, Ministerul rea şi combaterea traficului de fiinţe implementarea Muncii, Protecţiei traficului de fiinţe umane prevederilor Legii 241- Sociale şi Familiei, umane elaborat şi XVI din 20 octombrie Ministerul Afacerilor aprobat 2005 privind prevenirea Interne, Procuratura şi combaterea traficului Generală, Ministerul de fiinţe umane Justiţiei Perfecţionarea ca- Elaborarea programului Ministerul Muncii, Ministerul Afa- Trimestrul IV, În limita Proiectul hotărîrii drului juridic ce ţine de susţinere a victimelor Protecţiei Sociale şi cerilor Interne, 2011 alocaţiilor de Guvern cu privire de protecţia şi asis- traficului de fiinţe Familiei Organizaţia Inter- bugetare la formarea fondului tenţa victimelor umane prin repartizarea naţională pentru prevăzute în şi aprobarea Regu- bunurilor (imobiliare, Migraţie, Centrul acest scop lamentului acestuia mijloace financiare etc.) de Prevenire a elaborat şi aprobat confiscate de la traficanţii Traficului de Fe- de fiinţe umane în baza mei, Centrul de Traficul de fiinţe umane şi egalitatea genurilor în Moldova
deciziilor instanţelor de drept Căuşeni judecată, precum şi din donaţiile făcute Elaborarea standardelor/ Ministerul Afacerilor Centrul Internaţi- 2011 Centrul Internaţio- Standarde elaborate instrucţiunilor privind Interne, Procuratura onal pentru Pro- nal pentru Protecţia şi testate audierea copiilor victime- Generală tecţia şi Promo- şi Promovarea Drep- martori (cu referire la varea Drepturilor turilor Femeii “La tehnicile de audiere, ce- Femeii “La Strada” Strada” rinţele faţă de specialiştii care sînt antrenaţi în pro- cesul de audiere, cerinţele faţă de încăperea în care are loc audierea) 1.3. Consolidarea capacităţilor Creşterea capa- Organizarea in- Organizarea seminarelor, Ministerul Educaţiei, Institutul Naţi- Permanent Organizaţia Interna- Două mese rotunde cităţii organelor struirii continue în cursurilor de instruire, Ministerul Muncii, onal al Justiţiei, ţională pentru Mi- organizate guvernamentale scopul sporirii nive- meselor rotunde, confe- Protecţiei Sociale şi Organizaţia Inter- graţie, Fondul ONU şi instituţiilor lului de cunoaştere rinţelor tematice privind Familiei, Ministerul Ti- naţională pentru pentru Populaţie neguvernamen- de către organele de prevenirea şi combaterea neretului şi Sportului, Migraţie tale în preveni- stat şi instituţiilor traficului de fiinţe umane Ministerul Afacerilor rea şi comba- neguvernamentale a cu participarea repre- Interne, Procuratura terea traficului aspectelor traficului zentanţilor instituţiilor Generală de fiinţe umane de fiinţe umane abilitate prin abordări bazate pe drep- Elaborarea strategiei Ministerul Muncii, Centrul Inter- Trimestrul IV, Organizaţia Inter- Proiectul strategiei turile omului şi de instruire continuă a Protecţiei Sociale şi naţional pentru 2010 naţională pentru de instruire elaborat orientate spre specialiştilor din sfera Familiei Protecţia şi Pro Migraţie victimă protecţiei sociale privind movarea Dreptu- identificarea, asistenţa rilor Femeii “La şi protecţia victimelor Strada”, Centrul traficului de fiinţe umane de Prevenire a Traficului de Femei, Centrul de drept Căuşeni, Fundaţia elve- ţiană “Terre des Hommes”, Orga- nizaţia Interna- ţională a Muncii, Organizaţia Internaţională pentru Migraţie, Programul Naţi- unilor Unite pen- tru Dezvoltare/ Proiectul “Opor- tunităţi mai bune pentru tineri şi femei” Consolidarea capa- Elaborarea ghidului Ministerul Afacerilor Organizaţia pen- Semestrul II, Organizaţia Inter- Ghidul elaborat şi cităţilor organelor practicienilor privind Interne, Procuratura tru Securitate 2010 naţională pentru aplicat în procesul de drept în vederea aplicarea tehnicilor de Generală şi Cooperare în Migraţie de instruire şi de aplicării tehnicilor investigare proactivă Europa, Organi- perfecţionare de investigare pro- ajustate la legislaţia în zaţia Internaţi- activă vigoare şi la noile aspecte onală a Muncii, ale traficului de fiinţe Organizaţia Inter- umane naţională pentru Migraţie, Centrul Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Căuşeni
151 Acte normative actualizate Sporirea capacităţilor Organizarea semina- Ministerul Afacerilor Organizaţia pen- 2010-2011 Organizaţia Inter- Seminare organizate
152 organelor de drept, relor cu reprezentanţii Interne, Ministerul tru Securitate naţională pentru organelor guverna- organelor de drept din Muncii, Protecţiei Soci- şi Cooperare în Migraţie, Centrul mentale şi instituţi- regiuni pentru facilitarea ale şi Familiei Europa, Organi- Internaţional pentru ilor neguvernamen- identificării victimelor zaţia Internaţi- Protecţia şi Promo- tale în identificarea traficului de fiinţe umane onală a Muncii, varea Drepturilor victimelor tuturor Organizaţia Inter- Femeii “La Strada formelor de trafic naţională pentru Migraţie, Centrul Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Includerea componentei Ministerul Muncii, Organizaţia pen- Semestrul II, Fundaţia elveţiană Componenta te- de identificare, asistenţă Protecţiei Sociale şi tru Securitate 2010 “Terre des Hommes”, matică inclusă în şi protecţie a victimelor Familiei şi Cooperare în Organizaţia Inter- Planul de instruire al traficului de fiinţe umane Europa, Organi- naţională pentru Ministerului Muncii, în planul de instruire zaţia Internaţi- Migraţie Protecţiei Sociale şi continuă a specialiştilor onală a Muncii, Familiei din cadrul Ministerului Organizaţia Inter- Muncii, Protecţiei Socia- naţională pentru le şi Familiei Migraţie, Centrul Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Funda- ţia elveţiană “Ter- re des Hommes” Organizarea şi desfă- Ministerul Afacerilor Organizaţia pen- 2010 În limita Numărul de semina- şurarea seminarelor de Interne, Procuratura tru Securitate şi alocaţiilor re organizate instruire a reprezentanţi- Generală Cooperare în Eu- bugetare lor organelor de drept în ropa, Organizaţia prevăzute în domeniul audierii copii- Internaţionalăa acest scop lor victime/ martori Muncii, Organi- zaţia Internaţio- nală pentru Mi- graţie, Centrul Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei Organizarea vizitelor de Centrul pentru Com- Centrul Inter- 2010-2011 Centrul Internaţio- Numărul, compo- studiu, ateliere de lucru, baterea Traficului de naţional pentru nal pentru Protecţia nenţa, scopurile seminare regionale şi Persoane/ Ministerul Protecţia şi Pro- şi Promovarea Drep- vizitelor de studiu şi internaţionale pentru Afacerilor Interne, Pro- movarea Dreptu- turilor Femeii “La atelierelor de lucru; schimbul de bune prac- curatura Generală rilor Femeii “La Strada” numărul şi conţi- tici în domeniul contra- Strada”, Institutul nutul colaborărilor carării traficului de fiinţe Naţional al Jus- stabilite umane, identificării şi tiţiei protecţiei persoanelor traficate Consolidarea coope- Organizarea unor con- Ministerul Afacerilor Comitetul naţio- 2010-2011 În limita Numărul de confe- rării internaţionale, ferinţe, ateliere de lucru, Interne nal pentru com- alocaţiilor rinţe, vizite de studiu inclusiv cu EURO- vizite de studiu baterea traficului bugetare organizate, numărul POL, SECI, INTER- de fiinţe umane prevăzute în de specialişti in- POL şi EUBAM în acest scop struiţi combaterea traficu- lui de fiinţe umane Sporirea capa- Consolidarea capa- Dezvoltarea capacităţilor Ministerul Muncii, Organizaţia In- 2010-2011 În limita Organizaţia Inter- Numărul de copii şi cităţilor institu- cităţilor structurilor specialiştilor din cadrul Protecţiei Sociale şi ternaţională a alocaţiilor naţională a Muncii adulţi beneficiari de ţiilor guverna- guvernamentale şi agenţiilor teritoriale de Familiei, agenţiile teri- Muncii – Progra- bugetare –Programul interna- servicii de consiliere mentale şi ne- neguvernamentale ocupare a forţei de mun- toriale pentru ocuparea mul internaţional prevăzute în ţional de eliminare educaţională şi pro- guvernamentale în prevenirea şi că în vederea consilierii forţei de muncă de eliminare a acest scop a muncii copiilor, fesională în prevenirea combaterea traficu- absolvenţilor instituţiilor muncii copiilor, Organizaţia Inter- şi combaterea lui de copii de învăţămînt, tinerilor, Organizaţia Inter- naţională pentru traficului de şomerilor şi persoanelor naţională pentru Migraţie, Fundaţia copii aflate în căutarea unui Migraţie elveţiană “Terre des loc de muncă Hommes”
153 Acte normative actualizate Dezvoltarea capacităţilor Ministerul Educaţiei, Centrul Naţional Semestrul II, În limita Fundaţia SOROS Numărul de specia-
154 profesionale ale psiholo- Ministerul Sănătăţii de Prevenire a 2010 – trimes- alocaţiilor Moldova, Programul lişti instruiţi gilor, asistenţilor sociali, Abuzului faţă de trul I, 2011 bugetare Naţiunilor Unite lucrătorilor medicali din Copii, Programul prevăzute în pentru Dezvoltare/ ONG-uri şi instituţiile de Naţiunilor Unite acest scop Proiectul “Oportuni- stat în vederea asistării pentru Dezvoltare/ tăţi mai bune pentru victimelor şi agresorilor Proiectul “Opor- tineri şi femei”, Or- violenţei în familie, copi- tunităţi mai bune ganizaţia Internaţio- ilor victime ale abuzului, pentru tineri şi nală pentru Migraţie, neglijării, inclusiv a victi- femei”, Organizaţia alte ONG-uri melor traficului de fiinţe Internaţională umane pentru Migraţie Sporirea capacităţi- Organizarea seminarului Ministerul Muncii, Organizaţia Inter- Semestrul II, Organizaţia Inter- Seminarul organizat lor reprezentanţilor cu genericul “Standar- Protecţiei Sociale şi naţională pentru 2010 naţională pentru şi desfăşurat; numă- structurilor im- dizarea şi unificarea Familiei Migraţie, Centrul Migraţie rul de participanţi la plicate în Sistemul formularelor utilizate în Internaţional seminar Naţional de Referire cadrul SNR” pentru Protecţia şi pentru protecţia şi Promovarea Drep- Traficul de fiinţe umane şi egalitatea genurilor în Moldova
asistenţa socială a turilor Femeii “La victimelor şi poten- Strada”, Centrul de ţialelor victime ale Prevenire a Tra- traficului de fiinţe ficului de Femei, umane Centrul de drept Căuşeni, Organi- zaţia pentru Secu- ritate şi Cooperare în Europa, Organi- zaţia Internaţiona- lă a Muncii Organizarea seminarului Ministerul Muncii, Centrul Inter- Semestrul II, În limita Seminarul organizat cu genericul “Mecanis- Protecţiei Sociale şi naţional pentru 2010 alocaţiilor şi desfăşurat; numă- mul transnaţional de Familiei Protecţia şi Promo- bugetare rul de participanţi la referire pentru victimele varea Drepturilor prevăzute în seminar traficului de persoane. Femeii “La Strada”, acest scop Standarde internaţio- Centrul de Preve- nale” nire a Traficului de Femei, Centrul de drept Căuşeni, Organizaţia pentru Securitate şi Coo- perare în Europa, Organizaţia Inter- naţională a Muncii Organizarea şi desfăşu- Ministerul Muncii, Organizaţia Inter- Trimestrul IV, Organizaţia Inter- Conferinţa organi- rarea atelierului regional Protecţiei Sociale şi naţională pentru 2010 naţională pentru zată şi desfăşurată; pentru agenţiile guver- Familiei Migraţie, Centrul Migraţie raportul elaborat şi namentale din ţările- Internaţional distribuit ţintă - Belarus, Ucraina, pentru Protecţia Republica Moldova, şi Promovarea privind mecanismele Drepturilor Fe- naţionale de referire meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Căuşeni, Organizaţia pen- tru Securitate şi Cooperare în Eu- ropa, Organizaţia Internaţională a Muncii Încurajarea me- Sensibilizarea şi con- Organizarea seminarelor Ministerul Muncii, Centrul Internaţi- 2010-2011 Centrul Internaţio- Numărul, conţi- diului de afaceri solidarea capacităţii şi conferinţelor naţio- Protecţiei Sociale şi onal pentru Pro- nal pentru Protecţia nutul şi obiectivele din Republica businessului din nale şi internaţionale Familiei, Agenţia Turis- tecţia şi Promo- şi Promovarea Drep- seminarelor şi con- Moldova de a domeniul turismului în domeniu în vederea mului, Centrul pentru varea Drepturilor turilor Femeii “La ferinţelor; numărul contribui efici- în problema traficu- promovării, semnării şi Combaterea Traficului Femeii “La Strada” Strada” participanţilor şi ent la eforturile lui de fiinţe umane, implementării Codului de Persoane /Ministe- actorilor activi de contracarare în special a copiilor de conduită pentru pre- rul Afacerilor Interne a traficului de şi exploatării sexuale venirea exploatării sexu- fiinţe umane, a lor ale a copiilor în special a co- Desfăşurarea activităţilor Ministerul Muncii, Centrul Internaţi- 2010-2011 Centrul Internaţio- Numărul, tipul de piilor de prevenire a traficului Protecţiei Sociale şi onal pentru Pro- nal pentru Protecţia activităţi desfăşurate, şi exploatării sexuale a Familiei, Agenţia Turis- tecţia şi Promo- şi Promovarea Drep- conţinutul şi tipul copiilor mului, Centrul pentru varea Drepturilor turilor Femeii “La mesajelor difuzate Combaterea Traficului Femeii “La Strada” Strada” de Persoane/ Ministe- rul Afacerilor Interne 1.4. Managementul informaţional şi cercetările Asigurarea Crearea şi dezvol- Stabilirea unui meca- Ministerul Afacerilor Organizaţia pen- Semestrul II, În limita Numărul de acor- accesibilităţii tarea sistemului nism eficient al schim- Interne, Procuratura tru Securitate şi 2010 alocaţiilor duri şi protocoale de informaţiilor naţional centralizat bului de informaţii între Generală, Ministerul Cooperare în Eu- bugetare colaborare privind şi schimbului de evidenţă a datelor instituţiile abilitate şi Justiţiei, Ministerul ropa, Organizaţia prevăzute în schimbul de date de date la nivel privind traficul de organizaţiile neguverna- Muncii, Protecţiei Soci- Internaţională a acest scop naţional şi in- fiinţe umane mentale implicate ale şi Familiei Muncii, Organi- ternaţional în zaţia Internaţio-
155 Acte normative actualizate domeniul pre- nală pentru Mi-
156 venirii şi com- graţie, Centrul baterii traficului Internaţional de fiinţe umane pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Căuşeni Stabilirea indicatorilor Ministerul Afacerilor Organizaţia Inter- Semestrul II, În limita Indicatorii adăugaţi, comuni de evidenţă a Interne, Ministerul naţională a Muncii, 2010 alocaţiilor modificaţi sau eli- datelor cu privire la per- Muncii, Protecţiei Soci- Organizaţia Inter- bugetare minaţi soanele traficate ale şi Familiei, Procura- naţională pentru prevăzute în tura Generală Migraţie, Centrul acest scop Internaţional pentru Protecţia şi Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Promovarea Drep- turilor Femeii “La Strada”, Centrul de Prevenire a Tra- ficului de Femei, Centrul de drept Căuşeni, Organi- zaţia pentru Secu- ritate şi Cooperare în Europa Consolidarea rolului Extinderea capacităţilor Ministerul Afacerilor Organizaţia Inter- Semestrul II, În limita Asigurarea Centrului Centrului pentru Centrului pentru Com- Interne, Procuratura naţională a Mun- 2010 alocaţiilor pentru Combaterea Combaterea Trafi- baterea Traficului de Generală cii, Organizaţia bugetare Traficului de Persoa- cului de Persoane ca Persoane în domeniul Internaţională prevăzute în ne cu mijloace tehni- subdiviziune speci- analizei, monitorizării pentru Migraţie, acest scop ce şi resurse umane alizată în domeniul şi evaluării traficului de Centrul Inter- necesare organizării prevenirii şi com- fiinţe umane naţional pentru şi desfăşurării acti- baterii traficului de Protecţia şi Pro- vităţilor de analiză, fiinţe umane movarea Dreptu- monitorizare şi eva- rilor Femeii “La luare; desfăşurarea Strada”, Centrul sesiunilor de instrui- de Prevenire a re pentru personalul Traficului de Fe- Centrului pentru mei, Centrul de Combaterea Traficu- drept Căuşeni, lui de Persoane Organizaţia pen- tru Securitate şi Cooperare în Europa Stabilirea unor mecanis- Ministerul Afacerilor Ministerul Mun- Permanent În limita Numărul de pro- me eficiente de colabo- Interne cii, Protecţiei So- alocaţiilor tocoale încheiate, rare între Centrul pentru ciale şi Familiei, bugetare proiecte şi activităţi Combaterea Traficului Procuratura Ge- prevăzute în dezvoltate şi desfă- de Persoane şi instituţiile nerală, Ministerul acest scop şurate de stat, organizaţiile ne- Justiţiei, Ministe- guvernamentale din ţară rul Sănătăţii, Mi- şi străinătate nisterul Culturii, Ministerul Afa- cerilor Externe şi Integrării Eu- ropene, Centrul de drept Căuşeni, Organizaţia pen- tru Securitate şi Cooperare în Europa, Organi- zaţia Internaţi- onală a Muncii, Organizaţia Inter- naţională pentru Migraţie, Centrul Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei Colectarea periodică de Secretariatul Comite- Ministerul Mun- Semestrial În limita Rapoarte periodice către Secretariatul Comi- tului naţional pentru cii, Protecţiei So- alocaţiilor întocmite de Secre- tetului Naţional pentru combaterea traficului ciale şi Familiei, bugetare tariatul Comitetului Combaterea Traficului de de fiinţe umane Procuratura Ge- prevăzute în Naţional pentru Fiinţe Umane a datelor nerală, Ministerul acest scop Combaterea Traficu- statistice şi informaţiilor Justiţiei, Ministe- lui de Fiinţe Umane analitice referitoare la rul Sănătăţii, Mi- traficul de fiinţe umane nisterul Culturii,
157 Acte normative actualizate primite de la instituţiile Ministerul Edu-
158 abilitate şi organizaţiile caţiei, Ministerul neguvernamentale Afacerilor Exter- ne şi Integrării Europene, Ser- viciul Grăniceri, Serviciul de In- formaţii şi Secu- ritate, Ministerul Afacerilor Inter- ne, Ministerul Ti- neretului şi Spor- tului, Ministerul Tehnologiilor Informaţionale şi Comunicaţiilor, unitatea terito- Traficul de fiinţe umane şi egalitatea genurilor în Moldova
rială autonomă Găgăuzia, Orga- nizaţia pentru Securitate şi Coo- perare în Europa, Organizaţia Inter- naţională a Mun- cii, Organizaţia Internaţională pentru Migraţie, Centrul Internaţi- onal pentru Pro- tecţia şi Promo- varea Drepturilor Femeii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Căuşeni Crearea în cadrul Cen- Ministerul Afacerilor Organizaţia Inter- Semestrul II, În limita Baza de date creată trului pentru Combate- Interne, Procuratura naţională a Mun- 2010 alocaţiilor şi funcţională rea Traficului de Persoa- Generală cii, Organizaţia bugetare ne a bazei centralizate de Internaţională prevăzute în date privind traficul de pentru Migraţie, acest scop persoane Centrul Internaţi- onal pentru Protecţia şi Pro- movarea Dreptu- rilor Femeii “La Strada”, Centrul de Prevenire a Traficului de Femei, Centrul de drept Cău- şeni, Organizaţia pentru Securitate şi Cooperare în Europa Conectarea bazei centra- Ministerul Afacerilor Organizaţia Semestrul II, În limita Reţeaua automati- le de date cu instituţiile Interne, Procuratura Internaţională 2010 alocaţiilor zată de colectare şi implicate în prevenirea şi Generală, Ministerul a Muncii, Orga- bugetare distribuţie a datelor combaterea traficului de Muncii, Protecţiei Soci- nizaţia Interna- prevăzute în funcţională fiinţe umane şi acorda- ale şi Familiei, Ministe- ţională pentru acest scop rea asistenţei victimelor rul Justiţiei Migraţie, Centrul acestuia Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Cău- şeni, Organizaţia pentru Securitate şi Cooperare în Europa Crearea paginii web a Comitetul Naţional Semestrul II, În limita Pagina web a Co- Comitetului Naţional pentru Combaterea 2010 alocaţiilor mitetului Naţional pentru Combaterea Tra- Traficului de Fiinţe bugetare pentru Combaterea ficului de Fiinţe Umane Umane prevăzute în Traficului de Fiinţe acest scop Umane funcţională Organizarea şi desfă- Organizarea şi desfăşura- Ministerul Muncii, Organizaţia pen- Semestrul II, Centrul Internaţio- Recomandări for- şurarea cercetărilor rea cercetărilor, practici- Protecţiei Sociale şi tru Securitate şi 2010 nal pentru Protecţia mulate şi mecanism privind practicile lor internaţionale avan- Familiei Cooperare în Eu- şi Promovarea Drep- implementat internaţionale avan- sate şi analiza legislaţiei ropa, Organizaţia turilor Femeii “La sate şi implementa- naţionale privind meca- Internaţională a Strada” rea acestora la nivel nismele de monitorizare Muncii, Organi-
159 Acte normative actualizate
naţional şi evaluare a eforturilor/ zaţia Internaţio- serviciilor în domeniul nală pentru Mi-
160 protecţiei sociale a victi- graţie, Centrul melor traficului de fiinţe Internaţional umane pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Căuşeni, Fundaţia elve- ţiană “Terre des Hommes” Elaborarea mecanismu- Ministerul Muncii, Centrul Inter- Semestrul II, Centrul Internaţio- Proiectul de lege lui de acreditare a presta- Protecţiei Sociale şi naţional pentru 2010 nal pentru Protecţia elaborat. Criteriile torilor de servicii sociale Familiei, Grupul de Ni- Protecţia şi Pro- şi Promovarea Drep- şi indicatorii pentru Traficul de fiinţe umane şi egalitatea genurilor în Moldova
vel Înalt pentru Copiii movarea Dreptu- turilor Femeii “La acreditarea presta- Moldovei rilor Femeii “La Strada” torilor de servicii Strada”, Organiza- sociale elaborate ţia Internaţională pentru Migraţie, Organizaţia pen- tru Securitate şi Cooperare în Eu- ropa, Organizaţia Internaţională a Muncii, Centrul de Prevenire a Traficului de Fe- mei, Centrul de drept Căuşeni Pilotarea mecanismului Ministerul Muncii, Centrul Inter- 2010-2011 Centrul Internaţio- Mecanismul de mo- de monitorizare a Siste- Protecţiei Sociale şi naţional pentru nal pentru Protecţia nitorizare testat mului Naţional de Refe- Familiei Protecţia şi Pro- şi Promovarea Drep- rire prin metoda testării movarea Dreptu- turilor Femeii “La acesteia în raioanele rilor Femeii “La Strada” Sistemului Naţional de Strada”, Organiza- Referire ţia Internaţională pentru Migraţie 1.5. Analiza, monitorizarea şi evaluarea Cercetarea Evaluarea dimensi- Realizarea unor evaluări Ministerul Afacerilor Organizaţia Semestrial Rapoarte de evalua- şi evaluarea unii şi tendinţelor periodice pentru iden- Interne, Ministerul Internaţională re elaborate periodică a ca- traficului de fiinţe tificarea tendinţelor de Muncii, Protecţiei Soci- a Muncii, Orga- racteristicilor, umane evoluţie a fenomenului ale şi Familiei, Procura- nizaţia Interna- dimensiunilor tura Generală ţională pentru şi evoluţiei tra- Migraţie, Centrul ficului de fiinţe Internaţional umane pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Cău- şeni, Organizaţia pentru Securitate şi Cooperare în Europa Informarea periodică a Ministerul Afacerilor Organizaţia Semestrial Numărul de întîlniri societăţii civile asupra Interne, Ministerul Internaţională publice organizate fenomenului traficului Muncii, Protecţiei Soci- a Muncii, Orga- şi desfăşurate (con- de fiinţe umane în urma ale şi Familiei, Procura- nizaţia Interna- ferinţe de presă cercetărilor şi evaluărilor tura Generală ţională pentru organizate, articole periodice ale acestuia Migraţie, Centrul publicate etc.) Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Cău- şeni, Organizaţia pentru Securitate şi Cooperare în Europa
161 Acte normative actualizate Realizarea unor cercetări Ministerul Afacerilor 2010-2011 În limita O lucrare ştiinţifico-
162 ştiinţifice privind reacţia Interne alocaţiilor practică publicată şi antitrafic şi evaluarea bugetare rezultatele studiului dimensiunii şi tendin- prevăzute în mediatizate; nu- ţelor traficului de fiinţe acest scop mărul de cercetări umane cu publicarea realizate rezultatelor Realizarea unor cercetări Institutul de Ştiinţe ale 2010-2011 În limita Numărul de cerce- ştiinţifice în domeniul Educaţiei, Ministerul alocaţiilor tări efectuate, un profilaxiei, prevenirii şi Tineretului şi Sportului bugetare concurs universitar combaterii traficului de prevăzute în de lucrări ştiinţifice fiinţe umane sub aspect acest scop organizat, o confe- economic, juridic şi psi- rinţă ştiinţifică uni- hologic versitară organizată Îmbunătăţirea Asigurarea moni- Elaborarea indicatorilor Secretariatul Comite- Semestrial În limita Rapoarte semes- continuă a răs- torizării şi evaluării de monitorizare şi eva- tului naţional pentru alocaţiilor triale elaborate şi punsului stra- sistematice a acti- luare necesari pentru combaterea traficului bugetare distribuite în cadrul tegic şi opera- vităţilor din cadrul întocmirea rapoartelor de fiinţe umane prevăzute în şedinţelor Comi- Traficul de fiinţe umane şi egalitatea genurilor în Moldova
ţional antitrafic Planului naţional de acest scop tetului teritorial prin ajustarea prevenire şi comba- pentru combaterea acestuia la noile tere a traficului de traficului de fiinţe tendinţe ale tra- fiinţe umane umane ficului de fiinţe Asigurarea analizei Întocmirea notelor infor- Comitetul naţional ONG-uri, orga- Semestrial, În limita Raport întocmit şi umane continue a activităţii mative/ rapoartelor pri- pentru combaterea tra- nizaţii internaţi- pînă la data de alocaţiilor distribuit subiecţilor impli- vind acţiunile planificate ficului de fiinţe umane, onale 15 ianuarie şi, bugetare caţi în lupta contra şi realizate în domeniul autorităţile publice respectiv, 15 prevăzute în traficului de fiinţe combaterii traficului de centrale cu atribuţii în iulie acest scop umane fiinţe umane domeniu Întocmirea unui raport Comitetul naţional ONG-uri; orga- Anual, pînă În limita Raport general în- general cu privire la acţiu- pentru combaterea tra- nizaţii internaţi- la data de 15 alocaţiilor tocmit nile realizate şi rezultatele ficului de fiinţe umane, onale februarie bugetare obţinute de instituţiile autorităţile publice prevăzute în implicate în combaterea centrale şi locale cu acest scop traficului de fiinţe umane atribuţii în domeniu Monitorizarea şedinţelor Procuratura Generală ONG-uri 2010-2011 Organizaţia Inter- Recomandări ela- de judecată naţională pentru borate şi aplicate; Migraţie numărul de cazuri monitorizate 2. PREVENIREA 2.1. Sensibilizare şi educaţie Reducerea tra- Informarea şi sensi- Dezvoltarea activităţilor Comisii teritoriale pen- Centrul Inter- 2010-2011 În limita Centrul Internaţio- Numărul şi tipul de ficului de fiinţe bilizarea populaţiei de sensibilizare adresate tru combaterea trafi- naţional pentru alocaţiilor nal pentru Protec- activităţi, numărul şi umane prin în vederea conşti- publicului larg privind cului de fiinţe umane, Protecţia şi Pro- bugetare ţia şi Promovarea profilul persoanelor consolidarea entizării riscurilor pericolul traficului de Ministerul Educaţiei, movarea Dreptu- prevăzute în Drepturilor Femeii sensibilizate, numă- capacităţilor de asociate traficului de fiinţe umane Ministerul Tineretului rilor Femeii “La acest scop “La Strada”, USAID, rul şi tipul de in- autoprotecţie a fiinţe umane şi con- şi Sportului Strada”, Centrul Fundaţia “Regina Pa- strumente şi mesaje cetăţenilor şi so- solidarea capacităţii Independent cis”, Organizaţia In- utilizate/ diseminate cietăţii la ame- de autoapărare la de Jurnalism, ternaţională pentru ninţările acestui ameninţările acestui “Winrock Inter- Migraţie, Ministerul fenomen fenomen national”, Asoci- Afacerilor Externe al aţia Femeilor de Regatului Danemar- Carieră Juridică/ cei, Organizaţia In- Centrul de Preve- ternaţională pentru nire a Traficului Migraţie, Fundaţia de Femei, Funda- elveţiană “Terre des ţia “Regina Pacis”, Hommes” Organizaţia pentru Securitate şi Cooperare în Europa, Centrul de drept Căuşeni, Fundaţia elve- ţiană “Terre des Hommes” Publicarea buletinelor Comitetul naţional Centrul Indepen- 2010-2011, USAID Publicarea periodică informative periodice pentru combaterea tra- dent de Jurnalism, trimestrial a buletinelor infor- ale Comitetului naţional ficului de fiinţe umane “Winrock Inter- mative pentru combaterea trafi- national” cului de fiinţe umane şi distribuirea acestora Organizarea sesiunilor Ministerul Educaţiei, Centrul Internaţi- Organizaţia Inter- Numărul de semi- de informare a copiilor, Ministerul Tineretului onal pentru Pro- naţională pentru nare şi participanţi; tinerilor, părinţilor şi şi Sportului tecţia şi Promo- Migraţie, Organizaţia numărul şi tipul cadrelor didactice cu varea Drepturilor Internaţională a instituţiilor în care tematica traficului de Femeii “La Stra- Muncii –Programul s-au desfăşurat fiinţe umane, alte forme da”, Organizaţia internaţional de seminare, regiunile de exploatare a muncii pentru Securitate eliminare a muncii acoperite, conţinutul copilului şi violenţei în şi Cooperare în copiilor, Fundaţia mesajului transmis familie Europa, Organi- “Regina Pacis”,
163 Acte normative actualizate zaţia Internaţiona- 2010-2011 Centrul Internaţio-
164 lă a Muncii – Pro- nal pentru Protecţia gramul internaţi- şi Promovarea Drep- onal de eliminare turilor Femeii “La a muncii copiilor, Strada”, Fondul ONU Fundaţia “Regina pentru Populaţie Pacis”, Comitetul Naţional pentru Combaterea Tra- ficului de Fiinţe Umane, Centrul de drept Căuşeni, Liga pentru Apă- rarea Drepturilor Omului Elaborarea şi distribuirea Ministerul Tineretului Organizaţia pen- 2010-2011 Organizaţia Inter- Lansarea materi- materialelor informative şi Sportului tru Securitate naţională pentru alelor publicitare, şi Cooperare în Migraţie, Organizaţia broşurilor, unui Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Europa, Fundaţia Internaţională a film documentar “Regina Pacis”, Muncii –Programul despre munca co- Organizaţia Inter- internaţional de piilor; publicarea naţională pentru eliminare a muncii unei compilaţii de Migraţie, Centrul copiilor, Organizaţia predici; montarea de Prevenire a Internaţională pen- piesei “Oameni ai Traficului de tru Migraţie, Centrul nimănui”; distri- Femei, Centrul Internaţional pentru buirea de materiale Internaţional Protecţia şi Promo- informative despre pentru Protecţia varea Drepturilor linia fierbinte în şi Promovarea Femeii “La Strada”, centrele de resurse Drepturilor Feme- Fundaţia “Regina pentru tineri ii “La Strada”, Aso- Pacis”, Ministerul ciaţia Femeilor de Afacerilor Externe Carieră Juridică/ al Regatului Dane- Centrul de Preve- marcei nire a Traficului de Femei, Centrul de drept Căuşeni Ridicarea nivelului Implementarea progra- Comisii teritoriale pen- ONG-uri, Funda- 2010-2011 Fondul ONU pentru Programe adresate de sensibilizare a melor de reducere a vul- tru combaterea trafi- ţia elveţiană “Ter- Populaţie, Fundaţia grupurilor de risc grupurilor de risc nerabilităţii grupurilor de cului de fiinţe umane, re des Hommes” elveţiană “Terre des privind pericolele risc, inclusiv a programe- Ministerul Tineretului Hommes” asociate ale traficului lor de creare a serviciilor şi Sportului de fiinţe umane şi pentru victimele violenţei migraţiei ilegale în familie şi agresorilor Organizarea campaniilor Comisii teritoriale pen- Organizaţia “Co- 2010-2011 Societatea Germană Numărul de tineri de sensibilizare pentru tru combaterea traficu- pii Comunitate pentru Cooperare instruiţi, copii in- tineri, inclusiv a activi- lui de fiinţe umane Familie Moldova”, Tehnică (GTZ), formaţi; organizarea tăţilor culturale pentru Centrul Naţional Organizaţia Inter- şi desfăşurarea copii de Prevenire a naţională a Muncii concursurilor de Abuzului faţă de – Programul interna- artă; miniproiecte Copii ţional de eliminare a elaborate, finanţate muncii copiilor şi implementate; lansarea unui film video; editarea unei publicaţii; organi- zarea unei expoziţii mobile în localităţile rurale, a unei confe- rinţe de evaluare Reducerea Creşterea gradului Organizarea campanii- Ministerul Muncii, ONG-uri 2010-2011 În limita Numărul de cam- vulnerabilităţii de sensibilizare şi lor publice cu privire la Protecţiei Sociale şi alocaţiilor panii organizate şi faţă de trafic şi informare în do- prevenirea şi combaterea Familiei, Procuratura bugetare desfăşurate, materi- retraficare meniul prevenirii şi traficului de fiinţe umane Generală, Ministerul prevăzute în ale elaborate şi dise- combaterii traficului şi eliminarea stigmei faţă Afacerilor Externe şi acest scop minate, rapoarte de de fiinţe umane de victima traficului de Integrării Europene, evaluare a impactului fiinţe umane autorităţile administra- privind implementa- ţiei publice locale rea campaniilor Organizarea conferin- Ministerul Tineretului Fundaţia “Regina 2010-2011 Fundaţia “Regina Numărul de confe- ţelor regionale pentru şi Sportului Pacis” Pacis” rinţe organizate şi tineri desfăşurate Dezvoltarea capacităţilor Ministerul Afacerilor Organizaţia Inter- 2010-2011 Comisia Europeană, Materiale de infor- a 3 centre-pilot existente Externe şi Integrării naţională a Mun- Guvernul Republicii mare şi instruire dis- în cadrul agenţiilor teri- Europene, Agenţia Na- cii, Organizaţia Irlanda, Organizaţia tribuite; activităţi de toriale pentru ocuparea ţională pentru Ocupa- Internaţională Internaţională pen- informare şi instruire forţei de muncă din mu- rea Forţei de Muncă pentru Migraţie tru Migraţie a potenţialilor mi- nicipiile Chişinău, Bălţi granţi; un film docu- şi din raionul Cahul mentar de informare produs şi difuzat Elaborarea şi implemen- Ministerul Educaţiei, Centrul Internaţi- 2010-2011 Centrul Internaţio- Organizarea şi des- tarea programelor de Agenţia Naţională pen- onal pentru Pro- nal pentru Protec- făşurarea cursurilor instruire a specialiştilor tru Ocuparea Forţei de tecţia şi Promo- ţia şi Promovarea anuale de instruire; implicaţi în activităţi de Muncă varea Drepturilor Drepturilor Femeii numărul de forma- prevenire a traficului de Femeii “La Strada”, “La Strada”, USAID, tori instruiţi; nu- fiinţe umane Centrul Indepen- Ministerul Afacerilor mărul de seminare dent de Jurnalism, Externe al Regatului organizate, voluntari “Winrock Interna- Danemarcei, Mede- instruiţi, tineri in- tional”, Organiza- cins du Monde formaţi; numărul de ţia Internaţională materiale distribuite
165 Acte normative actualizate
pentru Migraţie Instruirea avansată a Ministerul Tineretului Asociaţia Feme- 2010-2011 Centrul Internaţio- Numărul de forma-
166 grupelor mobile de for- şi Sportului, Ministerul ilor de Carieră nal pentru Protecţia tori instruiţi, numă- matori-educatori de la Afacerilor Interne, Juridică/ Centrul şi Promovarea Drep- rul şi tipul de activi- egal la egal în domeniul Ministerul Muncii, de Prevenire a turilor Femeii “La tăţi cu formatorii prevenirii traficului de Protecţiei Sociale şi Strada” fiinţe umane Familiei Traficului de Femei, Centrul Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Fundaţia “Regina Pacis”, Centrul Independent de Jurnalism, “Win- Traficul de fiinţe umane şi egalitatea genurilor în Moldova
rock Internati- onal” Instruirea reprezentanţi- Academia de Adminis- Organizaţia pen- 2010 Fundaţia elveţiană Numărul de specia- lor APL şi a specialiştilor trare Publică pe lîngă tru Securitate “Terre des Hommes”, lişti instruiţi; numă- din teritoriu privind Preşedintele Republicii şi Cooperare în Fondul ONU pentru rul de seminare şi problematica traficului Moldova, Ministerul Europa, Organi- Populaţie conţinutul acestora, de fiinţe umane, violenţa Muncii, Protecţiei Soci- zaţia Internaţi- numărul de raioane în familie şi rolul lor în ale şi Familiei onală a Muncii, incluse în procesul contracararea acestor Organizaţia Inter- de instruire fenomene naţională pentru Migraţie, Centrul Internaţional pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada”, Centrul de Preve- nire a Traficului de Femei, Centrul de drept Căuşeni, Fundaţia elve- ţiană “Terre des Hommes” Sensibilizarea şi Introducerea în planurile Institutul Naţional al ONG-uri Semestrul II, În limita Tematici cu conţinut instruirea reprezen- de pregătire a instituţii- Justiţiei 2010 alocaţiilor referitor la traficul tanţilor structurilor lor administraţiei publice bugetare de fiinţe umane in- guvernamentale şi centrale a unor teme prevăzute în troduse în planurile organizaţiilor negu- privind traficul de fiinţe acest scop de formare continuă vernamentale care umane a personalului din lucrează cu grupu- cadrul instituţiilor rile de risc privind de stat abilitate traficul de fiinţe Organizarea şedinţelor Ministerul Muncii, Organizaţia Inter- 2010-2011 Organizaţia Inter- Numărul de şedinţe umane consultative şi semina- Protecţiei Sociale şi naţională a Mun- naţională a Muncii organizate şi desfă- relor de instruire în do- Familiei cii –Programul –Programul interna- şurate; numărul de meniul muncii copilului, internaţional de ţional de eliminare a persoane informate; inclusiv a traficului de eliminare a mun- muncii copiilor nivelul sporit de copii pentru membrii cii copiilor informare şi con- Comitetului Naţional ştientizare privind Director (CND), Orga- munca copilului nizaţia Internaţională a Muncii – Programul internaţional de elimi- nare a muncii copiilor, Secretariatul Consiliului Naţional pentru Protec- ţia Drepturilor Copiilor şi Comisiei Naţionale pentru Consultări şi Ne- gocieri Colective Eficientizarea activi- Monitorizarea imple- Ministerul Muncii, Organizaţia pen- 2010-2011 În limita Acte normative, tăţilor de prevenire mentării legislaţiei naţio- Protecţiei Sociale şi tru Securitate şi alocaţiilor acte departamentale a traficului de fiinţe nale specifice şi ajustarea Familiei, Ministerul Cooperare în Eu- bugetare specifice elaborate şi umane permanentă a acesteia Educaţiei, Ministerul ropa, Organizaţia prevăzute în aprobate; rapoarte în scopul îmbunătăţirii Afacerilor Interne Internaţională a acest scop anuale de activitate asistenţei acordate copi- Muncii –Progra- a Ministerului Edu- ilor victime ale traficului mul internaţional caţiei privind mo- de fiinţe umane de eliminare a nitorizarea imple- muncii copiilor, mentării şi adaptării Fundaţia “Regina legislaţiei naţionale Pacis”, Centrul Na- specifice ţional de Prevenire a Abuzului faţă de Copii, Centrul de drept Căuşeni, Liga pentru Apă- rarea Drepturilor
167 Omului Acte normative actualizate Instruirea continuă Organizarea programe- Ministerul Afacerilor ONG-uri 2010-2011 În limita Organizarea progra-
168 a specialiştilor insti- lor de formare a forma- Interne, Procuratura alocaţiilor melor de formare tuţiilor abilitate în torilor pentru instituţiile Generală, Ministerul bugetare a formatorilor în domeniul prevenirii abilitate în combaterea Afacerilor Externe şi prevăzute în domeniul traficului şi combaterii traficu- traficului de fiinţe umane Integrării Europene, acest scop de fiinţe umane; nu- lui de fiinţe umane Comisii teritoriale pen- mărul de specialişti tru combaterea traficu- care au beneficiat de lui de fiinţe umane programele de for- mare a formatorilor în domeniul traficu- lui de fiinţe umane; raportul privind rezultatele partici- pării specialiştilor la sesiunile de formare a formatorilor în domeniul traficului Traficul de fiinţe umane şi egalitatea genurilor în Moldova
de fiinţe umane ela- borat Reducerea vulne- Elaborarea şi implemen- Agenţia Naţională pen- 2010-2011 Fondul de Circa 19 mii de rabilităţii sociale şi tarea planurilor anuale tru Ocuparea Forţei de şomaj persoane susţinute economice a poten- de acţiuni privind pro- Muncă anual la angajarea în ţialelor victime ale movarea politicilor pu- cîmpul muncii traficului şi a poten- blice pe piaţa muncii ţialilor migranţi Dezvoltarea sistemului Agenţia Naţională pen- 2010-2011 Fondul de Numărul de persoa- informaţional al pieţei tru Ocuparea Forţei de şomaj ne care accesează forţei de muncă Muncă zilnic portalul şi pagina web a fondu- lui de şomaj Orientarea, instruirea Ministerul Economiei Organizaţia In- 2010-2011 Fondul de Comisia Europeană, 96 de cursuri de profesională şi plasarea ternaţională a şomaj Guvernul Republicii instruire organizate; în cîmpul muncii a ab- Muncii –Progra- Irlanda, USAID, 2100 de benefici- solvenţilor instituţiilor mul internaţional Organizaţia Inter- ari asistaţi; 936 de de învăţămînt, tinerilor, de eliminare a naţională a Muncii beneficiari instruiţi şomerilor şi persoanelor muncii copiilor, –Programul interna- profesional; 624 de aflate în căutarea unui Centrul Naţional ţional de eliminare a beneficiari angajaţi; loc de muncă, a poten- de Prevenire a muncii copiilor, Or- 40 de copii plasaţi ţialelor victime şi victi- Abuzului faţă de ganizaţia Internaţio- în cîmpul muncii; 9 melor traficului de fiinţe Copii, Organiza- nală pentru Migraţie, servicii de formare şi umane ţia Internaţională Ministerul Afacerilor integrare profesională pentru Migraţie, Externe al Republicii create; 100 de locuri Asociaţia Cehe, Programul noi de muncă create Femeilor de Cari- Naţiunilor Unite eră Juridică/ Cen- pentru Dezvoltare/ trul de Prevenire Proiectul “Oportuni- a Traficului de tăţi mai bune pentru Femei, Programul tineri şi femei” Naţiunilor Unite pentru Dezvol- tare/ Proiectul “Oportunităţi mai bune pentru tineri şi femei”, Centrul Indepen- dent de Jurnalism, “Winrock Inter- national”, Consi- liul Naţional Su- edez pentru Piaţa Muncii, Asociaţia pentru Femei “Art-Elegant”, Societatea Repu- blicană pentru Protecţia Socială a Minorilor şi Tineretului “Insu- la Speranţelor” Asigurarea accesului Agenţia Naţională Organizaţia In- 2010-2011 Fondul de Comisia Europeană, Numărul de afaceri victimelor şi potenţiale- pentru Ocuparea Forţei ternaţională a şomaj Guvernul Republicii mici deschise şi fi- lor victime ale traficului de Muncă, Ministerul Muncii, Asociaţia Irlanda, Programul nanţate de fiinţe umane la pro- Economiei, Ministerul Femeilor de Cari- Naţiunilor Unite gramele de instruire în Tineretului şi Sportului eră Juridică/ Cen- pentru Dezvoltare, domeniul antreprenorial trul de Prevenire Fondul ONU pentru şi acordarea de micro- a Traficului de Populaţie credite pentru iniţierea Femei, Programul afacerilor Naţiunilor Unite pentru Dezvol- tare/ Proiectul “Oportunităţi mai bune pentru tineri şi femei”
169 Acte normative actualizate Acordarea suportului Ministerul Muncii, Programul Naţi- 2010-2011 Programul Naţiu- Centrul de reinte-
170 metodologic centrelor Protecţiei Sociale şi unilor Unite pen- nilor Unite pentru grare socială creat şi de reintegrare socială şi Familiei tru Dezvoltare/ Dezvoltare funcţional centrelor maternale Proiectul “Opor- tunităţi mai bune pentru tineri şi femei” Implementarea unui Ministerul Economiei, Centrul Indepen- 2010-2011 USAID 48 de beneficiari program de monitori- Ministerul Tineretului dent de Jurnalism, zare pentru susţinerea şi Sportului “Winrock Inter- tinerilor în dezvoltarea national” afacerilor proprii Consiliere şi suport Ministerul Muncii, Centrul Internaţi- 2010-2011 Ministerul Afacerilor Numărul şi profilul informaţional privind Protecţiei Sociale şi onal pentru Pro- Externe al Regatului persoanelor consi- migraţia sigură, riscurile Familiei tecţia şi Promo- Danemarcei, Centrul liate asociate plecării ilegale varea Drepturilor Internaţional pentru şi pericolul traficului/ Femeii “La Strada” Protecţia şi Promo- exploatării varea Drepturilor Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Femeii “La Strada”, Fundaţia “Regina Pacis”, USAID Diminuarea vulne- Asigurarea unor acti- Ministerul Educaţiei, Centrul Naţional 2010-2011 Organizaţia Inter- 275 de copii reinte- rabilităţii copiilor vităţi pentru copii cu Comisii teritoriale pen- de Prevenire a naţională pentru graţi în sistemul de faţă de trafic prin reuşită şcolară redusă tru combaterea traficu- Abuzului faţă de Migraţie, Organizaţia educaţie formală asigurarea accesului pentru prevenirea aban- lui de fiinţe umane Copii, Organiza- Internaţională a la diverse servicii donului sau/şi absenteis- ţia Internaţională Muncii –Programul educaţionale mului şcolar pentru Migraţie, internaţional de Fundaţia elve- eliminare a muncii ţiană “Terre des copiilor, Fundaţia Hommes” elveţiană “Terre des Hommes” Asigurarea accesului la Comisii teritoriale pen- Centrul Naţional 2010-2011 Organizaţia Inter- 152 de copii rein- sistemul educaţional prin tru combaterea trafi- de Prevenire a naţională a Muncii tegraţi în sistemul acordarea de ajutoare cului de fiinţe umane, Abuzului faţă de –Programul interna- de educaţie formală materiale Ministerul Muncii, Copii, Organiza- ţional de eliminare graţie ajutoarelor Protecţiei Sociale şi ţia Internaţională a muncii copiilor, materiale acordate Familiei pentru Migraţie Organizaţia Inter- naţională pentru Migraţie Organizarea săptămînală Comisii teritoriale pen- Centrul Naţional 2010-2011 Organizaţia Inter- 250 de copii impli- a sesiunilor de consiliere tru combaterea traficu- de Prevenire a naţională a Muncii- caţi în sesiunile de privind deprinderile de lui de fiinţe umane Abuzului faţă de Programul interna- consiliere viaţă pentru copiii din Copii ţional de eliminare a grupurile de risc şi victi- muncii copiilor me ale traficului Diminuarea discri- Organizarea campaniilor Ministerul Muncii, Centrul Indepen- Semestrul II, USAID, Organizaţia Numărul de cam- minării femeilor, de informare şi promo- Protecţiei Sociale şi dent de Jurnalism, 2010; Trimes- Internaţională pen- panii organizate; reprezentanţilor mi- vare a egalităţii genurilor Familiei, Biroul Naţio- Fondul ONU trul IV, 2011 tru Migraţie, Progra- recomandări pentru norităţilor, copiilor, şi combaterii violenţei în nal de Statistică pentru Populaţie, mul Naţiunilor Unite prevenirea şi com- migranţilor şi altor familie Centrul de drept pentru Dezvoltare, baterea violenţei în grupuri vulnerabile Căuşeni Fondul Naţiunilor familie elaborate şi Unite pentru Femei, utilizate în planifica- Fondul ONU pentru rea politicilor Populaţie Asigurarea ac- Sporirea accesului Şcolarizarea integrală a Comisii teritoriale pen- Autorităţile admi- 2010-2011 În limita Rata de înrolare a cesului tuturor copiilor din zonele copiilor de 7-16 ani tru combaterea traficu- nistraţiei publice alocaţiilor copiilor în instituţii- copiilor la servi- rurale la învăţămîn- lui de fiinţe umane locale bugetare le de învăţămînt cii educaţionale tul de bază prevăzute în de calitate acest scop Asigurarea alimentaţiei Comisii teritoriale pen- Autorităţile admi- 2010-2011 În limita Rata elevilor asigu- copiilor din clasele a I-a – tru combaterea traficu- nistraţiei publice alocaţiilor raţi cu alimentaţie a IV-a şi a celor din clasele lui de fiinţe umane locale bugetare a V-a – a IX-a din familii prevăzute în socialmente vulnerabile acest scop Asigurarea transportului Comisii teritoriale pen- Autorităţile admi- 2010-2011 În limita Numărul de mij- şcolar pentru copiii din tru combaterea traficu- nistraţiei publice alocaţiilor loace de transport localităţile unde nu sînt lui de fiinţe umane locale bugetare implicate în procesul şcoli prevăzute în de transport şcolar acest scop Sporirea accesului la Ministerul Educaţiei Ministerul Mun- 2010-2011 În limita Numărul de persoa- învăţămîntul profesional, cii, Protecţiei So- alocaţiilor ne înmatriculate; vocaţional şi superior ciale şi Familiei bugetare numărul de instituţii prin consolidarea infras- prevăzute în dotate tructurii, în conformitate acest scop cu cerinţele pieţii muncii Sporirea calităţii Modernizarea curri- Modernizarea imple- Ministerul Educaţiei 2010-2011 În limita Studiu de evaluare procesului de culumului şcolar în mentării disciplinelor alocaţiilor realizat, numărul de învăţămînt contextul prevenirii “Educaţie civică”, educa- bugetare programe revizuite traficului de fiinţe ţie moral-civică, a orelor prevăzute în umane de dirigenţie despre acest scop prevenirea traficului de fiinţe umane Organizarea activităţilor Ministerul Educaţiei 2010-2011 În limita Numărul de module speciale de prevenire şi alocaţiilor elaborate combatere a traficului de bugetare fiinţe umane în învăţămîn- prevăzute în tul secundar, profesional şi acest scop
171 Acte normative actualizate
mediu de specialitate Formarea şi instruirea Ministerul Educaţiei Programul Na- 2010-2011 În limita Numărul de cadre
172 cadrelor didactice la toa- ţiunilor Unite alocaţiilor didactice formate şi te treptele de învăţămînt pentru Dezvol- bugetare instruite în domeniul prevenirii şi tare, Centrul “La prevăzute în combaterii traficului de Strada” acest scop fiinţe umane Elaborarea materialelor Ministerul Educaţiei ONG-uri 2010-2011 În limita Numărul de materi- didactice în domeniul alocaţiilor ale didactice elabo- prevenirii traficului de bugetare rate şi diseminate persoane (ghiduri pentru prevăzute în profesori, diriginţi de acest scop clasă, elevi etc.) Promovarea în insti- Organizarea meselor Ministerul Educaţiei, Autorităţile admi- 2010-2011 În limita Fondul ONU pentru Numărul de activi- tuţiile de învăţămînt rotunde, conferinţelor, Ministerul Culturii, nistraţiei publice alocaţiilor Populaţie tăţi realizate a valorilor democra- dezbaterilor, concursu- Ministerul Sănătăţii, locale, Programul bugetare tice şi a standardelor rilor de creaţie în dome- Ministerul Afacerilor Naţiunilor Unite prevăzute în internaţionale în niul drepturilor omului Interne, Serviciul Gră- pentru Dezvoltare acest scop Traficul de fiinţe umane şi egalitatea genurilor în Moldova
domeniul drepturi- şi prevenirii traficului de niceri lor omului fiinţe umane Consolidarea meca- Asigurarea dreptului la Ministerul Tineretului ONG-uri 2010-2011 În limita Numărul de activi- nismelor de parti- informare al studenţilor şi Sportului alocaţiilor tăţi realizate cipare a tinerilor la prin internet, deschide- bugetare luarea deciziilor rea bibliotecilor moder- prevăzute în ne, organizarea emisiuni- acest scop lor radio şi TV pentru şi cu implicarea acestora Dezvoltarea sistemului Ministerul Educaţiei, ONG-uri 2010-2011 În limita Numărul de tineri de servicii sociale, in- Ministerul Tineretului alocaţiilor beneficiari de ser- clusiv hot-line şi on-line şi Sportului bugetare vicii locale/ regionale pentru prevăzute în studenţi acest scop 2.2. Control specializat Prevenirea tra- Diminuarea activită- Încurajarea agenţiilor Agenţia Naţională pen- Organizaţia Inter- 2010-2011 Comisia Europeană, Activităţi eficiente ficului de fiinţe ţilor nereglementate private de angajare în tru Ocuparea Forţei de naţională a Mun- Guvernul Republicii organizate şi desfă- umane prin privind angajarea cîmpul muncii peste ho- Muncă cii, agenţiile pri- Irlanda şurate în cadrul ate- diverse măsuri cetăţenilor la muncă tare privind crearea unei vate de angajare lierelor de lucru administrative peste hotare asociaţii şi elaborarea în cîmpul muncii unui cod deontologic peste hotare Organizarea unui curs Agenţia Naţională Organizaţia In- 2010 Comisia Europeană, Organizarea şi des- de instruire în baza ma- pentru Ocuparea Forţei ternaţională a Guvernul Republicii făşurarea cursului de nualului de standarde ale de Muncă, Camera de Muncii, agenţiile Irlanda instruire; numărul serviciilor de angajare în Licenţiere private de anga- de specialişti in- cîmpul muncii pentru jare în cîmpul struiţi reprezentanţii agenţiilor muncii private şi oficialii guver- namentali Informarea şi Facilitarea identifică- Dezvoltarea capacităţilor Inspecţia Muncii, Uni- Centrul Naţional 2010-2011 Organizaţia Inter- Sistemele locale sensibilizarea rii/ autoidentificării sistemelor locale de mo- tatea pentru monitori- de Prevenire a naţională a Muncii de monitorizare a populaţiei în persoanelor traficate, nitorizare a muncii copi- zarea muncii copilului Abuzului faţă de –Programul interna- muncii copilului vederea con- în special a copiilor lului, inclusiv a traficului, Copii ţional de eliminare a funcţionale ştientizării pentru identificarea ca- muncii copiilor riscurilor aso- zurilor de muncă forţată ciate traficului Organizarea activităţilor Ministerul Sănătăţii ONG-uri 2010-2011 În limita Activităţi desfăşura- de fiinţe umane de informare, educare, alocaţiilor te; numărul de tineri şi consolidarea comunicare, în special bugetare instruiţi capacităţilor de pentru tineri în pro- prevăzute în autoprotecţie blemele de educaţie acest scop la ameninţările pentru sănătate, stilul de acestui fenomen viaţă sănătos, prevenirea infecţiilor sexual trans- misibile şi HIV/SIDA, riscurile şi consecinţele traficului de fiinţe umane Eficientizarea Asigurarea imple- Elaborarea unor instruc- Ministerul Afacerilor 2010-2011 În limita Instrucţiuni elabora- activităţilor de mentării legilor/ ţiuni privind acordarea Interne alocaţiilor te şi aprobate asistenţă a victi- dispoziţiilor de ofe- perioadei de reflecţie bugetare melor traficului rire a perioadei de prevăzute în de fiinţe umane reflecţie pe o durată acest scop de cel puţin 30 de zile pentru persoa- nele traficate Asigurarea imple- Eliberarea permisului de Ministerul Afacerilor 2010-2011 În limita Numărul de persoa- mentării legilor/ şedere şi documentarea Interne alocaţiilor ne traficate cărora li dispoziţiilor de persoanelor fără acte de bugetare s-au eliberat permise eliberare, după peri- identitate, conform legis- prevăzute în de şedere temporară oada de reflecţie, laţiei în vigoare acest scop
173 Acte normative actualizate a permisului de Elaborarea şi adoptarea Ministerul Afacerilor 2010-2011 În limita Instrucţiuni elabora-
174 şedere temporară unor instrucţiuni privind Interne alocaţiilor te şi implementate persoanelor traficate evaluarea riscurilor pînă bugetare identificate la reîntoarcerea în ţara prevăzute în de origine sau luarea acest scop deciziei de solicitare a permisului de şedere permanentă în scop umanitar (solicitare de adăpost) Impulsionarea Consolidarea efortu- Întocmirea unui raport Comisii teritoriale pen- Centrul Inter- 2010–2011 Mijloacele Centrul Internaţio- Rapoarte şi planuri activităţii comi- rilor organelor în- privind activităţile în- tru combaterea traficu- naţional pentru bugetelor nal pentru Protecţia elaborate, propuneri siilor teritoriale vestite cu atribuţii în treprinse în anul 2009 lui de fiinţe umane Protecţia şi Pro- unităţilor şi Promovarea Drep- înaintate; campanii, pentru comba- domeniul combaterii privind prevenirea şi movarea Dreptu- administra- turilor Femeii “La seminare şi întruniri terea traficului traficului de fiinţe combaterea traficului de rilor Femeii “La tiv-terito- Strada”, Organizaţia organizate de fiinţe umane umane din unităţile fiinţe umane Strada”, Organiza- riale Internaţională pen- administrativ-teri- ţia Internaţională tru Migraţie, Cen- toriale. Informarea pentru Migraţie, trul de Prevenire a Traficul de fiinţe umane şi egalitatea genurilor în Moldova
populaţiei despre Centrul de Preve- Traficului de Femei, consecinţele mi- nire a Traficului Organizaţia Interna- graţiei ilegale şi ale de Femei, Organi- ţională a Muncii traficului de fiinţe zaţia Internaţio- umane nală a Muncii Elaborarea planurilor Planuri semestriale semestriale cu aprobarea aprobate acestora de preşedintele Comitetului naţional pentru combaterea trafi- cului de fiinţe umane Organizarea campaniilor Campanii, seminare de informare, semina- şi întruniri organi- relor şi întrunirilor în zate localităţile din unitatea administrativ-teritorială Găgăuzia Implementarea progra- Programe de instru- melor de instruire privind ire implementate prevenirea şi combaterea traficului de fiinţe umane pentru persoanele din grupurile vulnerabile şi funcţionarii antrenaţi în aceste activităţi Înaintarea Comitetului Propuneri de efici- naţional pentru comba- entizare a activită- terea traficului de fiinţe ţilor de combatere umane a propunerilor a traficului de fiinţe privind eficientizarea ac- umane înaintate tivităţilor de combatere a traficului de fiinţe umane 3. ASISTENŢA ŞI PROTECŢIA VICTIMELOR ŞI MARTORILOR 3.1. Identificarea victimelor Identificarea Facilitarea identifică- Aplicarea şi monito- Ministerul Muncii, Centrul Inter- 2010-2011 Centrul Internaţio- Numărul de victime timpurie a per- rii/ autoidentificării rizarea implementării Protecţiei Sociale şi naţional pentru nal pentru Protecţia identificate şi referi- soanelor trafica- persoanelor traficate, normelor de identificare Familiei Protecţia şi Pro- şi Promovarea Drep- te; raport de analiză te din Republica în special a copiilor şi referire a victimelor movarea Dreptu- turilor Femeii “La privind implemen- Moldova traficului de fiinţe umane rilor Femeii “La Strada” tarea normelor Strada”, Organiza- elaborat ţia Internaţională pentru Migraţie, Centrul de Preve- nire a Traficului de Femei, Orga- nizaţia Interna- ţională a Muncii, Programul Naţi- unilor Unite pen- tru Dezvoltare/ Proiectul “Opor- tunităţi mai bune pentru tineri şi femei” Extinderea la nivel local Ministerul Muncii, Centrul Naţional 2010-2011 În limita Organizaţia Inter- Sistemele locale a sistemelor de monitori- Protecţiei Sociale şi de Prevenire a resurselor naţională a Muncii de monitorizare a zare a formelor grave de Familiei, Inspecţia Abuzului faţă de extrabuge- –Programul interna- muncii copilului muncă a copilului, inclu- Muncii, autorităţile Copii tare dispo- ţional de eliminare a funcţionale siv de trafic de copii administraţiei publice nibile muncii copiilor locale, Unitatea pentru monitorizarea muncii copilului Facilitarea accesului Centrul pentru Com- Centrul Internaţi- 2010-2011 Centrul Internaţio- Numărul şi profilul persoanelor traficate şi a baterea Traficului de onal pentru Pro- nal pentru Protecţia persoanelor identifi- victimelor prezumate la Persoane/ Ministerul tecţia şi Promo- şi Promovarea Drep- cate şi asistate asistenţă prin identifica- Afacerilor Interne varea Drepturilor turilor Femeii “La rea imediată Femeii “La Strada” Strada”
175 Acte normative actualizate 3.2. Asistenţa socială şi protecţia victimelor
176 Asigurarea asis- Implementarea Acordarea asistenţei Ministerul Muncii, Organizaţia Inter- 2010-2011 În limita Organizaţia Inter- Numărul de persoa- tenţei sociale şi prevederilor legale gratuite victimelor în Protecţiei Sociale şi naţională pentru alocaţiilor naţională pentru ne care au beneficiat protecţiei victi- pentru asigurarea situaţii de criză, avînd în Familiei, Ministerul Migraţie, Asoci- bugetare Migraţie, Ministerul de servicii melor traficului, serviciilor de asis- vedere specificul diferi- Sănătăţii, Ministerul aţia Femeilor de prevăzute în Afacerilor Externe al indiferent de tenţă socială, medi- tor categorii de victime Afacerilor Interne Carieră Juridică/ acest scop Regatului Danemar- dorinţa lor de a cală, psihologică şi (servicii de cazare, juri- Centrul de Preve- cei, Programul Naţi- coopera în pro- juridică necesare dice şi psihologice) nire a Traficului unilor Unite pentru cesul de urmări- de Femei Dezvoltare/ Proiectul re penală “Oportunităţi mai bune pentru tineri şi femei” Acordarea asistenţei me- Ministerul Sănătăţii, Organizaţia Inter- 2010-2011 În limita Organizaţia Inter- Numărul de persoa- dicale în instituţiile me- Ministerul Muncii, naţională pentru alocaţiilor naţională pentru ne care au beneficiat dico-sanitare publice, în Protecţiei Sociale şi Migraţie, Asoci- bugetare Migraţie, Ministerul de servicii conformitate cu legislaţia Familiei, Ministerul aţia Femeilor de prevăzute în Afacerilor Externe în vigoare, persoanelor Afacerilor Interne Carieră Juridică/ acest scop al Regatului Dane- Traficul de fiinţe umane şi egalitatea genurilor în Moldova
constatate drept victime Centrul de Preve- marcei ale traficului de fiinţe nire a Traficului umane de Femei Acordarea asistenţei me- Ministerul Sănătăţii 2010-2011 În limita Numărul de copii dicale copiilor victime alocaţiilor asistaţi ale traficului, în confor- bugetare mitate cu legislaţia în prevăzute în vigoare acest scop Garantarea siguran- Plasarea pentru reabilita- Ministerul Muncii, Organizaţia Inter- 2010-2011 Organizaţia Inter- Numărul de persoa- ţei fizice victimelor re a persoanelor traficate Protecţiei Sociale şi naţională pentru naţională pentru ne plasate temporar traficului de fiinţe în centre sociale sigure Familiei, Ministerul Migraţie, Proiec- Migraţie, Programul în centre de asisten- umane de nivel central şi local Sănătăţii, Comisii teri- tul “Oportunităţi Naţiunilor Unite ţă şi asistate toriale pentru comba- mai bune pentru pentru Dezvoltare, terea traficului de fiinţe tineri şi femei”/ CIJ, “Winrock Inter- umane Programul Naţi- national” unilor Unite pen- tru Dezvoltare, Centrul Indepen- dent de Jurnalism, “Winrock Inter- national” Informarea persoa- Prestarea serviciilor de Ministerul Afacerilor Asociaţia Feme- 2010-2011 În limita Ministerul Afacerilor 340 de beneficiari de nelor traficate cu consiliere juridică, in- Interne, Ministerul ilor de Carieră alocaţiilor Externe al Regatului consiliere juridică privire la drepturile formarea victimelor cu Afacerilor Externe şi Juridică/ Centrul bugetare Danemarcei, Centrul (CPTF); 1000 de lor privire la drepturile lor Integrării Europene de Prevenire a prevăzute în Internaţional pentru exemplare de ma- şi riscurile procedurii Traficului de acest scop Protecţia şi Promo- teriale informative penale, elaborarea şi Femei, Centrul varea Drepturilor distribuite distribuirea de materiale Internaţional Femeii “La Strada”, informative pentru Protecţia Organizaţia Inter- şi Promovarea naţională pentru Drepturilor Fe- Migraţie meii “La Strada”, Centrul de drept Căuşeni, Orga- nizaţia Interna- ţională pentru Migraţie 3.3. Protecţia martorilor şi abordarea judiciară a persoanelor traficate Asigurarea pro- Dezvoltarea meca- Includerea în sistemul Ministerul Afacerilor 2010-2011 În limita Mecanismul aplicat tecţiei speciale a nismului de reali- de protecţie a victimelor Interne alocaţiilor de protecţie specială victimelor care zare a măsurilor de care au decis să coope- bugetare a victimelor care doresc să parti- protecţie de stat a reze în cadrul procesului prevăzute în doresc să participe cipe în calitate victimelor traficului, de tragere la răspundere acest scop în calitate de mar- de martori în conform standarde- a traficanţilor tori în procesul de procesul de ju- lor internaţionale judecată decată Protecţia martorilor Ministerul Afacerilor 2010-2011 În limita Numărul de copii vulnerabili, în special a Interne alocaţiilor asistaţi copiilor, în procesul de bugetare urmărire penală prin prevăzute în acordarea serviciilor de acest scop mediere, însoţire psiho- socială şi reprezentare a intereselor Crearea camerelor de Ministerul Afacerilor Centrul Internaţi- 2010-2011 Centrul Internaţio- Camera funcţională, intervievare/ audiere a Interne, Procuratura onal pentru Pro- nal pentru Protecţia echipată corespun- copiilor victime/martori Generală tecţia şi Promo- şi Promovarea Drep- zător; elaborarea varea Drepturilor turilor Femeii “La cadrului de regle- Femeii “La Strada” Strada” mentare şi instruirea adecvată a persona- lului
177 Acte normative actualizate 3.4. Repatriere, reabilitare, reintegrare
178 Reducerea Facilitarea reintegră- Antrenarea victimelor Agenţia Naţională pen-Organizaţia Inter- 2010-2011 În limita Organizaţia Inter- Numărul de victime riscului persoa- rii sociale a persoa- traficului de fiinţe umane tru Ocuparea Forţei de naţională pentru alocaţiilor naţională pentru angajate în cîmpul nelor traficate nelor traficate în măsurile active pe Muncă, Comisii terito-Migraţie, Progra- bugetare Migraţie, Programul muncii pe parcursul de a fi supuse piaţa muncii: tîrguri ale riale pentru combate- mul Naţiunilor prevăzute în Naţiunilor Unite unui an după rein- revictimizării şi/ locurilor de muncă, ateli- rea traficului de fiinţe Unite pentru Dez- acest scop pentru Dezvoltare/ tegrare sau retraficării ere ale “Clubului Muncii”, umane voltare/ Proiectul Proiectul “Oportuni- lucrări publice “Oportunităţi mai tăţi mai bune pentru bune pentru tineri tineri şi femei” şi femei” Organizarea cursurilor Agenţia Naţională Organizaţia Inter- 2010-2011 Fondul de Organizaţia Inter- Numărul de bene- de pregătire profesională, pentru Ocuparea Forţei naţională pentru şomaj naţională pentru ficiari ai serviciilor oferirea de indemnizaţii de Muncă, Ministerul Migraţie, Progra- Migraţie, Programul respective; mini- minime, cazare, bursă de Muncii, Protecţiei Soci- mul Naţiunilor Naţiunilor Unite mum 70 de persoa- studii, ajutor umanitar ale şi Familiei Unite pentru pentru Dezvoltare/ ne asistate prin in- victimelor şi copiilor Dezvoltare/ Pro- Proiectul “Oportuni- termediul serviciilor acestora iectul “Oportu- tăţi mai bune pentru create de Programul nităţi mai bune tineri şi femei” Naţiunilor Unite Traficul de fiinţe umane şi egalitatea genurilor în Moldova
pentru tineri şi pentru Dezvoltare/ femei” Proiectul “Oportuni- tăţi mai bune pentru tineri şi femei” 4. INVESTIGAREA ŞI URMĂRIREA ÎN JUSTIŢIE A TRAFICANŢILOR 4.1. Investigare proactivă şi reactivă Extinderea apli- Creşterea abilităţilor Planificarea şi includerea Ministerul Educaţiei, 2010-2011 În limita Curriculumul ela- cării tehnicilor şi nivelului de cu- în programele de studii Ministerul Afacerilor alocaţiilor borat proactive de noştinţe ale ofiţerilor ale instituţiilor de învă- Interne bugetare investigare organelor de drept ţămînt superior cu profil prevăzute în referitor la tehnicile juridic a orelor supli- acest scop investigării de pro- mentare de tehnici ale specţiune şi impor- investigării de prospecţi- tanţa lor pentru in- une a cazurilor de trafic vestigarea cazurilor de trafic Consolidarea co- Organizarea de mese Ministerul Afacerilor 2010-2011 În limita Mese rotunde orga- laborării între or- rotunde cu participa- Interne, Procuratura alocaţiilor nizate, mecanisme ganele de drept cu rea reprezentanţilor Generală, Serviciul bugetare eficiente de comba- atribuţii în domeniul structurilor de forţă în Vamal, Serviciul Gră- prevăzute în tere a traficului de prevenirii şi com- combaterea traficului de niceri, Serviciul de acest scop fiinţe umane elabo- baterii traficului de fiinţe umane pentru ela- Informaţii şi Securitate, rate şi implementate fiinţe umane borarea şi consolidarea Centrul pentru Com- mecanismelor eficiente baterea Crimelor Eco- de colaborare nomice şi Corupţiei Detaşarea ofiţerilor Ministerul Afacerilor 2010-2011 În limita Numărul de ofiţeri de legătură în cadrul Interne, Serviciul Gră- alocaţiilor de legătură detaşaţi Centrului pentru Com- niceri, Serviciul Vamal, bugetare baterea Traficului de Serviciul de Informaţii prevăzute în Persoane al Ministerului şi Securitate, Centrul acest scop Afacerilor Interne pentru Combaterea Crimelor Economice şi Corupţiei Organizarea şedinţelor Procuratura Generală 2010-2011 În limita Numărul de şedinţe de lucru ale Consiliului (Consiliul Coordona- alocaţiilor de lucru organizate coordonator al organelor tor) bugetare în domeniul preve- de drept în domeniul prevăzute în nirii şi combaterii combaterii traficului de acest scop traficului de fiinţe fiinţe umane umane 4.2. Urmărirea penală şi condamnarea infractorilor Creşterea nu- Sporirea nivelului Evaluarea necesităţilor Ministerul Afacerilor Organizaţia In- 2010-2011 Comisia Europeană, Ghid de instruire mărului de ca- de cunoaştere a de instruire a colaborato- Interne, Institutul Naţi- ternaţională a Guvernul Republicii elaborat şi aplicat zuri de urmărire aspectelor traficului rilor organelor de drept onal al Justiţiei Muncii, Centrul Irlanda în judecată şi de fiinţe umane de şi elaborarea cursurilor- Internaţional de condamnare către colaboratorii pilot de instruire pentru pentru Dezvol- a persoanelor organelor de drept şi identificarea cazurilor de tarea Politicilor implicate în judiciare trafic de fiinţe umane Migraţionale, traficul de fiinţe Organizaţia Inter- umane naţională pentru Migraţie Organizarea cursurilor Ministerul Afacerilor Asociaţia Feme- 2010-2011 În limita Ministerul Afacerilor Numărul de cursuri de instruire pentru re- Interne, Institutul Naţi- ilor de Carieră alocaţiilor Externe al Regatului de instruire desfă- prezentanţii organelor de onal al Justiţiei Juridică/ Centrul bugetare Danemarcei şurate; numărul de drept din regiuni în ceea de Prevenire a prevăzute în participanţi ce priveşte investigarea Traficului de acest scop cauzelor de trafic în sco- Femei pul muncii forţate Stabilirea unor sanc- Realizarea analizei ca- Ministerul Justiţiei Organizaţia Inter- 2010 În limita Studiu realizat ţiuni eficiente şi pro- uzelor şi a pedepselor naţională pentru alocaţiilor porţionale pentru aplicate pentru infrac- Migraţie, Curtea bugetare infracţiunea de trafic ţiunea de trafic de fiinţe Supremă de Jus- prevăzute în de fiinţe umane umane tiţie acest scop
179 Acte normative actualizate 4.3. Reabilitarea legală şi compensaţiile pentru victime
180 Acordarea Informarea victime- Asigurarea victimelor Baroul de Avocaţi, Asociaţia Feme- 2010-2011 În limita Ministerul Afacerilor Numărul de victime despăgubirilor lor despre posibilită- traficului cu asistenţă Consiliul Naţional pen- ilor de Carieră alocaţiilor Externe al Regatului ale traficului care au persoanelor ţile de despăgubire juridică gratuită la toatetru Asistenţă Juridică Juridică/ Centrul bugetare Danemarcei beneficiat de servici- traficate etapele procesului penal de Prevenire a prevăzute în ile juridice gratuite Traficului de acest scop Femei, Centrul de drept Căuşeni, Organizaţia Inter- naţională pentru Migraţie 4.4. Tratamentul poliţienesc şi judecătoresc al victimelor/martorilor Asigurarea Asigurarea trata- Crearea echipei profesi- Ministerul Afacerilor Asociaţia Feme- 2010-2011 În limita Ministerul Afacerilor Echipa multidisci- de către orga- mentului nediscri- onale multidisciplinare Interne, Procuratura ilor de Carieră alocaţiilor Externe al Regatului plinară instituită nele de drept minatoriu, în baza (reprezentant legal/ Generală Juridică/ Centrul bugetare Danemarcei şi judiciare a drepturilor omului, asistent social/ psiholog) de Prevenire a prevăzute în unui tratament de către toţi subiecţii pentru intervievarea Traficului de Fe- acest scop Traficul de fiinţe umane şi egalitatea genurilor în Moldova
adecvat şi ne- care lucrează cu per- victimelor traficului de mei, Organizaţia discriminatoriu soanele traficate fiinţe umane Internaţională al victimelor pentru Migraţie 5. COOPERAREA INTERNAŢIONALĂ 5.1 Intensificarea colaborării internaţionale Consolidarea Dezvoltarea colabo- Negocierea Acordului Ministerul Afacerilor Organizaţia 2010-2011 Ministerul Muncii, Acorduri de colabo- poziţiei Repu- rării cu statele-mem- între Guvernul Republi- Externe şi Integrării Internaţională Protecţiei Sociale şi rare cu instituţiile blicii Moldova bre şi structurile cii Moldova şi Guvernul Europene, Ministerul pentru Migra- Familiei, Ministerul similare din stră- ca partener de specializate ale altor Federaţiei Ruse privind Afacerilor Interne, ţie, Organizaţia Afacerilor Externe şi inătate încheiate încredere în state în domeniul cooperarea în domeniul Ministerul Muncii, Internaţională a Integrării Europene, şi implementate; efortul global de prevenirii şi com- repatrierii victimelor Protecţiei Sociale şi Muncii, Centrul Organizaţia Inter- seminare, conferinţe, reducere a tra- baterii traficului traficului de fiinţe uma- Familiei, Ministerul Internaţional naţională pentru ateliere de lucru, ficului de fiinţe de fiinţe umane şi ne, traficului de copii, Educaţiei pentru Protecţia Migraţie, Fundaţia reuniuni cu partici- umane acordării asistenţei traficului ilegal de imi- şi Promovarea elveţiană “Terre des pare internaţională necesare victimelor granţi, copiilor neînsoţiţi Drepturilor Fe- Hommes” organizate şi desfă- acestuia şi imigranţilor aflaţi în meii “La Strada”, şurate dificultate, aprobat prin Ministerul Mun- Hotărîrea Guvernului cii, Protecţiei So- nr.926 din 31 decembrie ciale şi Familiei, 2009 Ministerul Afa- cerilor Externe şi Integrării Eu- ropene, Fundaţia elveţiană “Terre des Hommes” Definitivarea şi pro- Ministerul Afacerilor Organizaţia 2010-2011 Ministerul Muncii, Numărul de pro- movarea proiectului de Externe şi Integrării Internaţională Protecţiei Sociale şi grame, sesiuni de hotărîre a Guvernului Europene, Ministerul pentru Migra- Familiei, Ministerul instruire/ formare/ pentru iniţierea negoci- Afacerilor Interne, ţie, Organizaţia Afacerilor Externe şi informare organiza- erilor asupra proiectului Ministerul Muncii, Internaţională a Integrării Europene, te pentru personalul Acordului între Guver- Protecţiei Sociale şi Muncii, Centrul Organizaţia Inter- care participă la nul Republicii Moldova Familiei Internaţional naţională pentru programele şi ac- şi Guvernul Republicii pentru Protecţia Migraţie tivităţile specifice; Italiene privind coopera- şi Promovarea numărul de propu- rea în domeniul protec- Drepturilor Fe- neri şi recomandări ţiei copiilor moldoveni meii “La Strada”, pentru prevenirea şi neînsoţiţi sau aflaţi în Ministerul Mun- combaterea traficu- dificultate pe teritoriul cii, Protecţiei So- lui de persoane Republicii Italiene ciale şi Familiei, Ministerul Afa- cerilor Externe şi Integrării Euro- pene Elaborarea şi promova- Ministerul Afacerilor Ministerul Mun- 2010-2011 Organizaţia Inter- Numărul de acor- rea proiectului Acordului Interne, Procuratura cii, Protecţiei So- naţională pentru duri încheiate şi între Guvernul Republi- Generală, Serviciul ciale şi Familiei, Migraţie implementate; nu- cii Moldova şi Guvernul Vamal, Serviciul Grăni- Ministerul Afa- mărul de rapoarte Republicii Ucraina ceri, Serviciul de Infor- cerilor Externe şi cu informaţii ope- privind cooperarea în maţii şi Securitate Integrării Euro- rative transmise/ domeniul repatrierii pene, Organizaţia primite; numărul victimelor traficului de Internaţională de întruniri privind fiinţe umane, traficului pentru Migraţie, schimbul de expe- de copii, traficului ilegal Fundaţia elve- rienţă de migranţi, copiilor ţiană “Terre des neînsoţiţi şi migranţilor Hommes” aflaţi în dificultate şi iniţierea negocierilor asupra acestuia Participarea la lucrările Ministerul Muncii, Centrul Internaţi- Trimestrul IV, Numărul de şedinţe Comitetului ad-hoc Protecţiei Sociale şi onal pentru Pro- 2011 organizate pentru elaborarea Con- Familiei, Procuratura tecţia şi Promo- venţiei Europene privind Generală varea Drepturilor prevenirea şi combaterea Femeii “La Strada” violenţei faţă de femei, inclusiv a violenţei în familie
181 Acte normative actualizate 5.2. Cooperarea poliţienească şi judiciară internaţională
182 Extinderea coo- Garantarea asistenţei Asigurarea asistenţei Ministerul Afacerilor Organizaţia 2010-2011 În limita Numărul de acţiuni perării interna- juridice interna- juridice internaţionale Interne, Procuratura Internaţională alocaţiilor desfăşurate în co- ţionale în inves- ţionale în materie în materie penală prin Generală, Serviciul pentru Migra- bugetare mun cu organele de tigarea cauzelor penală pe cauzele de comisiile rogatorii pe Vamal, Ministerul ţie, Organizaţia prevăzute în drept din străinătate; traficului de trafic de persoane; cauzele de trafic de fiinţe Justiţiei Internaţională a acest scop numărul de comisii fiinţe umane cooperarea cu EU- umane şi schimbul de Muncii, Centrul rogatorii înaintate şi ROPOL, INTERPOL informaţie operativă Internaţional executate şi SECI pentru Protecţia şi Promovarea Drepturilor Fe- meii “La Strada” Sporirea capacităţi- Stabilirea unor mecanis- Ministerul Justiţiei Curtea Supremă 2010-2011 În limita Mecanisme şi in- lor colaboratorilor me privind colaborarea de Justiţie, Con- alocaţiilor strumente elaborate din organele de şi schimbul de expe- siliul Suprem al bugetare drept şi judiciare rienţă a judecătorilor Magistraturii prevăzute în în vederea coope- cu omologii lor din acest scop Traficul de fiinţe umane şi egalitatea genurilor în Moldova
rării cu autorităţile alte state, precum şi cu respective din alte structurile internaţionale state (Reţeaua Europeană Juridică) Îmbunătăţirea Semnarea de acorduri Ministerul Afacerilor Organizaţia Inter- 2010-2011 În limita Organizaţia Inter- Acorduri internaţi- schimbului de date internaţionale privind Externe şi Integrării naţională pentru alocaţiilor naţională pentru onale semnate; nu- cu alte ţări asistenţa juridică mutu- Europene, Procuratura Migraţie bugetare Migraţie mărul de traficanţi ală cu statele cu care nu Generală, Ministerul prevăzute în anunţaţi în urmărire sînt încheiate asemenea Justiţiei acest scop generală; numărul acorduri de traficanţi extră- daţi; numărul de victime repatriate; numărul de mar- tori participanţi la procesele din ţările de tranzit şi de des- tinaţie
[Anexa nr.3 în redacţia Hot.Guv. nr.835 din 13.09.2010 Acte normative actualizate
HOTĂRÎRE cu privire la aprobarea Planului specific adiţional la Planul naţional de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011 nr. 1170 din 21.12.2010 Monitorul Oficial nr.259-263/1315 din 31.12.2010
*** În temeiul Legii nr.241-XVI din 20 octombrie 2005 privind prevenirea şi combaterea traficului de fiinţe umane (Monitorul Oficial al Republicii Moldova, 2005, nr.164-167, art.812), cu modificările şi completările ulterioare, Guvernul
HOTĂRĂŞTE:
1. Se aprobă Planul specific adiţional la Planul naţional de prevenire şi combatere a traficului de fiinţe uma- ne pe anii 2010-2011 (se anexează). 2. Fondurile necesare realizării obiectivelor cuprinse în Planul specific adiţional aprobat prin pct.1 din prezenta hotărîre vor fi asigurate de către fiecare instituţie cu atribuţii în domeniu, în raport cu termenele de realizare, priorităţile şi resursele disponibile, care vor fi incluse în bugetele proprii. 3. Ministerele, alte autorităţi administrative centrale şi autorităţile administraţiei publice locale, responsabi- le de implementarea măsurilor preconizate, vor prezenta Comitetului naţional pentru combaterea traficului de fiinţe umane, trimestrial, rapoarte despre realizarea Planului specific adiţional la Planul naţional de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011.
PRIM-MINISTRU Vladimir FILAT Contrasemnează: Viceprim-ministru, ministrul afacerilor externe şi integrării europene Iurie Leancă Viceprim-ministru, ministrul economiei Valeriu Lazar Ministrul afacerilor interne Victor Catan Ministrul muncii, protecţiei sociale şi familiei Valentina Buliga Ministrul educaţiei Leonid Bujor Ministrul sănătăţii Vladimir Hotineanu Ministrul culturii Boris Focşa Ministrul tehnologiilor informaţionale şi comunicaţiilor Alexandru Oleinic Ministrul finanţelor Veaceslav Negruţa
Chişinău, 21 decembrie 2010. Nr.1170.
183 Aprobat
184 prin Hotărîrea Guvernului nr.1170 din 21 decembrie 2010 PLANUL SPECIFIC adiţional la planul de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011 Structurile Termenul Sursele Scopurile Scopurile şi Activităţile/ Rezultatele responsabile de Partenerii de strategice obiectivele specifice subactivităţile bugetare alte surse scontate implementare realizare 1 2 3 4 5 6 7 8 9 1. Investigarea cazurilor de implicare a funcţionarilor de stat în traficul de persoane, urmărirea şi condamnarea acestora Investigarea Demonstrarea Fortificarea capacităţilor Ministerul Afacerilor Permanent Cazuri de infracţiuni cazurilor de vinovăţiei şi organelor de drept în Interne/ Centrul pentru de trafic de fiinţe complicitate a condamnarea vederea identificării Combaterea Traficului umane investigate şi Traficul de fiinţe umane şi egalitatea genurilor în Moldova
funcţionarilor funcţionarilor de funcţionarilor de stat de Persoane; condamnate de stat în stat care au facilitat implicaţi în cazuri de Procuratura Generală; infracţiuni infracţiunea de trafic trafic de fiinţe umane Serviciul de Informaţii legate de traficul de fiinţe umane şi Securitate de fiinţe umane Acumularea în cadrul Ministerul Afacerilor Permanent Probe temeinice urmăririi penale a Interne/ Centrul pentru acumulate probelor temeinice Combaterea Traficului pentru demonstrarea de Persoane; vinovăţiei funcţionarilor Procuratura Generală; de stat implicaţi în cazuri de trafic de fiinţe umane Crearea unui mecanism Procuratura Generală Raport Raport de de monitorizare şi de semestrial monitorizare şi evaluare a dosarelor evaluare prezentat penale de trafic de fiinţe Comitetului naţional umane (intentate, încetate, pentru combaterea finalizate prin pronunţarea traficului de fiinţe sentinţei) sub aspectul umane implicării funcţionarilor de stat în facilitarea/ asistarea acestei categorii de infracţiuni, inclusiv evidenţa plîngerilor/ sesizărilor privind astfel de cazuri Intensificarea cooperării Ministerul Afacerilor Organizaţia Permanent Societatea civilă, organelor de drept cu Interne/ Centrul pentru Internaţională inclusiv mass-media, mass-media şi societatea Combaterea Traficului pentru Migraţie; cooperează cu civilă pentru prevenirea de Persoane; Centrul de organele de drept impunităţii şi combaterea Ministerul Muncii, Prevenire a pentru prevenirea corupţiei în cauzele de Protecţiei Sociale şi Traficului de impunităţii şi trafic de fiinţe umane Familiei; Femei; combaterea corupţiei Procuratura Generală organizaţii şi în cauzele de trafic asociaţii ale de fiinţe umane societăţii civile; instituţii de informare în masă Efectuarea analizei Ministerul Justiţiei Organizaţia 2010-2011 Studiu realizat cauzelor şi pedepselor Internaţională aplicate pentru pentru Migraţie, infracţiunile de trafic de Curtea Supremă fiinţe umane, inclusiv de Justiţiei prin prisma implicării funcţionarilor de stat în facilitarea/ asistarea de infracţiuni Crearea unui Perfecţionarea Revizuirea şi, după Procuratura Generală; Curtea Supremă Semestrul I Mijloace Proiecte de legi mediu de mecanismului caz, înaintarea Centrul pentru de Justiţie 2011 bugetare elaborate intoleranţă existent de propunerilor pentru Combaterea Crimelor faţă de orice investigaţii, atît sub modificarea legislaţiei Economice şi Corupţiei; implicare ilegală aspect legislativ, (revizuirea legislaţiei la Serviciul de Informaţii a funcţionarilor cît şi sub aspect compartimentul aplicării şi Securitate; de stat în cazuri instituţional, măsurilor proactive de Ministerul Afacerilor de trafic de în concordanţă investigaţii, elaborarea Interne; fiinţe umane cu următoarele proiectelor de lege pentru Ministerul Justiţiei principii: eficienţă, modificarea Legii privind operativitate, activitatea operativă de abordare complexă investigaţii şi Codului de (multidisciplinară), procedură penală) legalitate, respectarea drepturilor şi libertăţii omului, continuitatea procesului penal
185 Acte normative actualizate Perfecţionarea Revizuirea sistemului Ministerul Afacerilor Curtea Supremă Semestrul I Mijloace Studii realizate;
186 mecanismului existent de urmărire Interne; de Justiţie 2011 bugetare proiecte de legi existent de urmărire penală: Centrul pentru elaborate penală, atît sub evaluarea oportunităţii Combaterea Crimelor aspect legislativ, de a exclude organul Economice şi Corupţiei; cît şi sub aspect de urmărire penală din Serviciul Vamal; instituţional, pentru procesul penal; Procuratura Generală; excluderea verigilor sporirea rolului de Ministerul Justiţiei inutile conducere şi coordonare al procurorului în procesul penal Îmbunătăţirea Crearea unei baze Prezentarea către Comitetul naţional 2011 Surse Bază de date creată şi procesului de de date funcţionale Comitetul naţional pentru pentru combaterea extrabugetare funcţională; colectare a la nivel central aflată combaterea traficului traficului de fiinţe membrii informaţiilor în administrarea de fiinţe umane a umane; secretariatului referitoare la Secretariatului propunerilor de constituire Ministerul Afacerilor naţional instruiţi în cazurile de trafic Comitetului naţional a unui grup mixt de lucru, Interne; administrarea bazei de fiinţe umane pentru combaterea format din reprezentanţi Serviciul de Informaţii de date Traficul de fiinţe umane şi egalitatea genurilor în Moldova
la toate etapele traficului de fiinţe ai Procuraturii Generale, şi Securitate; procesului umane Ministerului Afacerilor Serviciul Grăniceri; penal, incluzînd Interne, Serviciului de Ministerul Justiţiei; investigarea, Informaţii şi Securitate, Secretariat Permanent urmărirea, Serviciului Grăniceri, condamnarea în vederea examinării şi sentinţele posibilităţilor de creare a stabilite pentru unei baze de date comune a persoanele organelor de drept, menite găsite vinovate să sprijine eforturile de de infracţiuni colectare a informaţiilor cu legate de traficul privire la cazurile de trafic de fiinţe umane de fiinţe umane la toatele etapele procesului penal, inclusiv a informaţiilor de la punctele de trecere a frontierei de stat Asigurarea Crearea şi Elaborarea unui Procuratura Generală; Semestrul I Mijloace Acorduri şi accesibilităţii dezvoltarea mecanism eficient de Ministerul Afacerilor 2011 bugetare protocoale de informaţiilor sistemului naţional schimb de informaţii Interne; colaborare care şi schimbului centralizat de între instituţiile Ministerul Justiţiei; conţin prevederi de date la nivel evidenţă a datelor abilitate şi organizaţiile Ministerul Muncii, referitoare la naţional şi privind traficul de neguvernamentale Protecţiei Sociale şi schimbul de date internaţional în fiinţe umane implicate Familiei domeniul prevenirii şi Stabilirea unor indicatori Ministerul Afacerilor Indicatori comuni combaterii comuni de evidenţă Interne; stabiliţi traficului de a datelor cu privire la Ministerul Justiţiei; fiinţe umane persoanele implicate în Ministerul Muncii, traficul de fiinţe umane Protecţiei Sociale şi Familiei; Procuratura Generală Crearea unui sistem Procuratura Generală; Semestrul II Mijloace Sistem creat interconectat între Ministerul Afacerilor 2011 bugetare instituţiile cu atribuţii Interne; de investigare, urmărire Centrul pentru penală şi judecare Combaterea Crimelor a cauzelor penale Economice şi Corupţiei referitoare la traficul de fiinţe umane 2. Asistenţa şi protecţia victimelor traficului de persoane Acordarea Identificarea şi Majorarea alocaţiilor Ministerul Finanţelor; 2011 Majorare cu Alocaţii financiare asistenţei protecţia copiilor şi financiare pentru Ministerul Muncii, 555,1 mii lei majorate şi protecţia adulţilor victime ale cofinanţarea Centrului Protecţiei Sociale şi victimelor traficului de fiinţe de asistenţă şi protecţie a Familiei traficului de umane victimelor şi potenţialelor fiinţe umane victime ale traficului de fiinţe umane potrivit Cadrului bugetar pe anii 2011-2013 Alocarea mijloacelor Ministerul Finanţelor Organizaţia 2011 100 mii lei Mijloace financiare financiare, conform Internaţională alocate Cadrului bugetar pe pentru Migraţie; anii 2011-2013, pentru Fundaţia “Terre repatrierea copiilor des Hommes”; şi adulţilor victime şi Centrul potenţiale victime ale Internaţional “La traficului de fiinţe umane, Strada” traficului de migranţi ilegali, precum şi a copiilor neînsoţiţi Extinderea colaborării Ministerul Afacerilor Centrul 2010-2011 Acorduri bilaterale internaţionale în Interne; Internaţional “La încheiate şi semnate; domeniu în scopul Ministerul Muncii, Strada” colaborare identificării şi protejării Protecţiei Sociale şi internaţională posibilelor victime ale Familiei; dezvoltată traficului de fiinţe umane, Serviciul de Informaţii inclusiv prin încheierea şi Securitate unor acorduri bilaterale
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în acest sens Acordarea serviciilor de Ministerul Muncii, 2010 100 mii lei Servicii de repatriere
188 repatriere a persoanelor Protecţiei Sociale şi 2011 100 mii lei acordate vulnerabile aflate peste Familiei hotare, a victimelor traficului de fiinţe umane (adulţi şi copii), ale traficului de migranţi ilegali, a copiilor neînsoţiţi Protecţia instituţională a Consiliul raional 2011 373,5 mii lei Protecţie persoanelor din regiunea Căuşeni; instituţională transnistreană care au Comisia teritorială asigurată victimelor suferit în urma traficului Căuşeni pentru traficului de fiinţe de fiinţe umane combaterea traficului de umane din regiunea fiinţe umane transnistreană Îmbunătăţirea Operarea modificărilor Ministerul Afacerilor 2011 Număr de acte sistemul de protecţie în actele legislative Interne legislative revizuite Traficul de fiinţe umane şi egalitatea genurilor în Moldova
a copiilor victime aleşi normative pentru şi ajustate în ceea ce traficului de fiinţe reglementarea şi priveşte procedura umane, încurajînd ajustarea procedurii de audiere a organele de drept să de audiere a minorilor victimelor traficului solicite consultanţa victime ale traficului de de fiinţe umane experţilor din ONG- fiinţe umane în încăperi uri special amenajate, prin intermediul unui specialist (psihopedagog), cu participarea, după caz, a ofiţerului de urmărire penală, a procurorului sau a judecătorului 3. Cooperare naţională şi internaţională Îmbunătăţirea Implementarea Extinderea Sistemului Ministerul Muncii, Organizaţia 2010 Surse Instruirea cooperării din- prevederilor naţional de referire în 5 Protecţiei Sociale şi Internaţională extrabugetare personalului şi tre comisiile Strategiei Sistemului raioane Familiei pentru Migraţie; dotarea locurilor teritoriale pen- naţional de referire Fondul ONU de muncă, conform tru combaterea (SNR) pentru pentru Populaţie necesităţilor, traficului de protecţia şi asistenţa pentru 5 echipe fiinţe umane victimelor şi multidisciplinare şi organele de potenţialelor victime drept ale traficului de fiinţe umane, aprobate prin Hotărîrea Parlamentului nr.257-XVI din 5 decembrie 2008 Monitorizarea Continuarea şedinţelor Secretariatul Organizaţia Permanent Surse Număr de şedinţe continuă a activităţii comune de lucru ale Comitetului naţional Internaţională extrabugetare de lucru în cadrul comisiilor teritoriale comisiilor teritoriale cu pentru combaterea pentru Migraţie; comisiilor teritoriale; pentru combaterea reprezentanţii organelor traficului de fiinţe Organizaţia număr de procese- traficului de fiinţe de drept, autorităţile umane; pentru Securitate verbale; umane şi instruirea publice locale şi comisiile teritoriale şi Cooperare în număr de vizite pe membrilor acestora societatea civilă pentru combaterea Europa teren traficului de fiinţe umane Organizarea seminarelor Secretariatul Organizaţia Permanent Surse Număr de membri ai de instruire şi schimb Comitetului naţional Internaţională extrabugetare Comisiilor teritoriale de bune practici între pentru combaterea pentru Migraţie; instruiţi comisiile teritoriale traficului de fiinţe Organizaţia umane; pentru Securitate comisiile teritoriale şi Cooperare în pentru combaterea Europa traficului de fiinţe umane Semnarea Elaborarea şi Comitetul naţional Semestrul I Model de memorandumurilor aplicarea unui model pentru combaterea 2011 memorandum multilaterale de de memorandum traficului de fiinţe multilateral de cooperare între multilateral de cooperare umane; cooperare elaborat şi structurile din (document-tip) comisiile teritoriale aprobat domeniul prevenirii pentru combaterea şi combaterii traficului de fiinţe traficului de fiinţe umane; umane (comisiile Ministerul Afacerilor teritoriale pentru Interne; combaterea Centrul pentru traficului de fiinţe Combaterea Traficului umane, echipele de Persoane; multidisciplinare şi Ministerul Muncii, ONG-urile prezente Protecţiei Sociale şi în teritoriu) şi Familiei; organele de drept la organizaţii non nivel teritorial guvernamentale
189 Acte normative actualizate Negocierea şi adoptarea Comitetul naţional pen- 2010- 2011 Număr de negocieri;
190 memorandumului tru combaterea traficu- memorandum multilaterale de lui de fiinţe umane; multilateral adoptat cooperare comisiile teritoriale pentru combaterea traficului de fiinţe umane; Ministerul Afacerilor Interne; Centrul pentru Com- baterea Traficului de Persoane; Ministerul Muncii, Protecţiei Sociale şi Familiei; organizaţii nonguverna- mentale Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Organizarea Desfăşurarea întrunirilor Comitetul naţional pen- Permanent Număr de şedinţe de întrunirilor periodice cu participarea tru combaterea traficu- lucru; periodice ale comisiilor teritoriale pen- lui de fiinţe umane; număr de întruniri; organizaţiilor din tru combaterea traficului comisiile teritoriale schimb de experienţă sfera antitrafic la de fiinţe umane şi a orga- pentru combaterea tra- în cadrul comisiilor nivel teritorial în nelor de drept, în cadrul ficului de fiinţe umane; teritoriale pentru scopul coordonării cărora să fie abordate Ministerul Afacerilor combaterea traficului acţiunilor şi problemele şi/sau inovaţii Interne; de fiinţe umane îmbunătăţirii de sistem ce ţin de pre- Centrul pentru Com- colaborării venirea şi combaterea baterea Traficului de traficului de fiinţe umane, Persoane; care necesită intervenţii Ministerul Muncii, la nivel de politici muni- Protecţiei Sociale şi cipale/ raionale şi/sau la Familiei nivel legislativ Discutarea/ soluţionarea Comitetul naţional pen- Permanent Şedinţe de lucru; în comun a cazurilor tru combaterea traficu- mese rotunde; de trafic de fiinţe lui de fiinţe umane; schimburi de bune umane care, din cauza comisiile teritoriale pen- practici complexităţii sau a tru combaterea traficului gravităţii, necesită de fiinţe umane; intervenţia factorilor Ministerul Afacerilor de decizie din cadrul Interne; comisiilor teritoriale Ministerul Muncii, pentru combaterea Protecţiei Sociale şi traficului de fiinţe umane Familiei 4. Sensibilizare şi informare Organizarea Sensibilizarea Realizarea măsurilor de Ministerul Muncii, Organizaţia 2011 Din resursele Copii din instituţiile campaniilor de publicului larg pri- sensibilizare în instituţiile Protecţiei Sociale şi Internaţională partenerilor rezidenţiale sensibilizare vind prevenirea rezidenţiale pentru copii, Familiei pentru Migraţie; informaţi în domeni- şi informare a traficului de fiinţe prin intermediul teatrului Centrul de in- ul prevenirii traficu- populaţiei, care umane social (instrument interac- formare şi docu- lui de fiinţe umane şi vor avea în cali- tiv de educaţie de la egal la mentare privind a violenţei tate de grupuri- egal) la tema traficului de drepturile copi- ţintă copiii fiinţe umane şi a violenţei lului din instituţiile Organizarea sesiunilor de Ministerul Muncii, Organizaţia 2011 Materiale infor- Copii din instituţiile rezidenţiale, informare şi orientare cu Protecţiei Sociale şi Internaţională mative oferite rezidenţiale populaţia cu un privire la pericolele traficu- Familiei; pentru Migraţie de Organizaţia informaţi cu privire grad crescut de lui de fiinţe umane pentru echipele multidiscipli- Internaţională la pericolele traficu- vulnerabilitate absolvenţii instituţiilor nare teritoriale pentru Migraţie lui de fiinţe umane rezidenţiale; distribuirea de materiale informative Sensibilizarea societăţii Ministerul Culturii 2010-2011 Număr de specta- privind traficul de fiinţe cole şi spectatori, de umane prin intermediul expoziţii şi vizitatori operelor de cultură şi artă Organizarea şi desfăşurarea Ministerul Afacerilor 2011 Număr de campanii campaniilor de sensibili- Interne; de sensibilizare orga- zare a minorilor privind Ministerul Muncii, nizate şi desfăşurate riscurile şi consecinţele Protecţiei Sociale şi traficului de copii Familiei Campania de informare Ministerul Tineretului Membrii Comi- 2010 30 mii lei Autorităţi publice “Tinerii sînt o resursă” şi Sportului tetului naţional centrale şi locale; de coordonare instituţii din domeniul a activităţilor educaţiei şi ştiinţei, dedicate Anului agenţi economici, Internaţional antreprenori şi oameni al Tineretului de afaceri informaţi (2010-2011) şi sensibilizaţi pri- vind valorificarea potenţialului copiilor şi tinerilor; copii şi tineri informaţi priv- ind fenomenul traficu- lui de fiinţe umane __________ Hotărîrile Guvernului 1170/21.12.2010 Hotărîre cu privire la aprobarea Planului specific adiţional la Planul naţional de prevenire şi combatere a traficului de fiinţe umane pe anii 2010-2011 //Monitorul Oficial 259-263/1315, 31.12.2010
191 Acte normative actualizate Traficul de fiinţe umane şi egalitatea genurilor în Moldova
18. HOTĂRÎRE cu privire la aprobarea Programului naţional de asigurare a egalităţii de gen pe anii 2010-2015 nr. 933 din 31.12.2009 Monitorul Oficial nr.5-7/27 din 19.01.2010
*** În temeiul art.17 al Legii nr.5-XVI din 9 februarie 2006 cu privire la asigurarea egalităţii de şanse între femei şi bărbaţi (Monitorul Oficial al Republicii Moldova, 2006, nr.47-50, art.200), cu modificările ulterioare, şi în scopul asigurării unei abordări complexe a egalităţii între femei şi bărbaţi în documentele de politici din toate domeniile şi la toate nivelurile de adoptare şi aplicare a deciziilor, Guvernul
HOTĂRĂŞTE:
1. Se aprobă: Programul naţional de asigurare a egalităţii de gen pe anii 2010-2015, conform anexei nr.1; Planul de acţiuni pentru implementarea, în perioada 2010-2012, a Programului naţional de asigurare a ega- lităţii de gen pe anii 2010-2015, conform anexei nr.2. 2. Se stabileşte că realizarea Programului naţional se va efectua prin intermediul a două planuri de acţiuni pe termen mediu, care vor fi implementate de autorităţile de resort în perioadele 2010-2012 şi 2013-2015. 3. Ministerele, alte autorităţi administrative centrale vor implementa prevederile Programului naţional de asigurare a egalităţii de gen pe anii 2010-2015 şi vor informa, anual, Ministerul Muncii, Protecţiei Sociale şi Fa- miliei despre gradul de implementare a acestuia (către 15 februarie). Concomitent, se recomandă autorităţilor administraţiei publice locale să asigure implementarea la nivel local a prevederilor Programului sus-menţionat. 4. După prezentarea în anul 2012 a raportului generalizat (către 1 decembrie 2012) privind implementarea primului plan de acţiuni, ministerele şi alte autorităţi administrative centrale vor înainta Ministerului Muncii, Protecţiei Sociale şi Familiei propuneri pentru elaborarea celui de-al doilea plan de acţiuni pentru anii 2013- 2015, în scopul asigurării implementării depline a obiectivelor strategice ale Programului naţional. 5. Monitorizarea şi coordonarea procesului de realizare a Programului naţional de asigurare a egalităţii de gen pe perioada 2010-2015 se pune în sarcina Ministerului Muncii, Protecţiei Sociale şi Familiei, care va raporta Guvernului despre realizarea acestuia o dată pe an (către 1 martie). 6. Controlul asupra executării prezentei hotărîri se pune în sarcina Comisiei Guvernamentale pentru ega- litate între femei şi bărbaţi.
PRIM-MINISTRU Vladimir FILAT
Contrasemnează: Viceprim-ministru Ion Negrei Ministrul muncii, protecţiei sociale şi familiei Valentina Buliga Ministrul educaţiei Leonid Bujor Ministrul afacerilor interne Victor Catan Ministrul sănătăţii Vladimir Hotineanu Ministrul finanţelor Veaceslav Negruţa
Chişinău, 31 decembrie 2009. Nr.933.
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Anexa nr.1 la Hotărîrea Guvernului nr.933 din 31 decembrie 2009
PROGRAMUL NAŢIONAL de asigurare a egalităţii de gen în Republica Moldova pe anii 2010-2015
I. IDENTIFICAREA PROBLEMEI
1. Programul naţional de asigurare a egalităţii de gen în Republica Moldova pe anii 2010-2015 (în continua- re – Program naţional) prevede o abordare complexă de integrare a principiului egalităţii între femei şi bărbaţi în documentele de politici din toate domeniile şi la toate nivelurile de adoptare şi implementare a deciziilor. Scopul acestui program rezidă în asigurarea promovării egalităţii de gen în viaţa economică, politică şi socială a femeilor şi bărbaţilor, aceasta constituind baza respectării drepturilor umane fundamentale ale tuturor cetă- ţenilor tării. 2. Necesitatea elaborării prezentului Program naţional este determinată de deficienţele vizibile în domeniul asigurării egalităţii între femei şi bărbaţi, precum şi necesităţii asigurării implementării documentelor de po- litici multisectoriale care ar ţine cont de nevoile diferite ale femeilor şi bărbaţilor în societate şi care ar reduce dezechilibrul existent în contextul eforturilor naţionale de eradicare a sărăciei şi reformare a sectorului public drept mijloc de promovare şi garantare a drepturilor fundamentale ale omului. 3. Implementarea Programului naţional va crea oportunităţi mai bune pentru asigurarea egalităţii de gen de facto şi de jure, drept parte integrală a procesului de constituire a unei democraţii adevărate, conştiente şi sen- sibile la dimensiunea de gen, avînd în calitate de premisă asigurarea participării tuturor membrilor societăţii, a femeilor şi bărbaţilor, în toate domeniile vieţii. Adoptarea prezentului Program va permite eficientizarea şi canalizarea resurselor financiare pentru realizarea diverselor politici sectoriale prin prisma dimensiunii de gen, astfel avînd un impact pozitiv asupra calităţii vieţii tuturor cetăţenilor. 4. Implementarea prezentului Program naţional va contribui la realizarea de către Republica Moldova a angajamentelor naţionale şi internaţionale asumate în contextul obiectivelor strategice în domeniul asigurării drepturilor omului, cu accent prioritar asupra asigurării egalităţii de gen.
Cadrul normativ internaţional, regional şi naţional cu privire la egalitatea de gen
5. Cadrul normativ care formează baza politicilor şi acţiunilor în domeniul egalităţii genurilor din Republi- ca Moldova se conturează în baza documentelor internaţionale de rigoare, la care statul este parte: Declaraţia Universală a Drepturilor Omului (1948), Convenţia asupra drepturilor politice ale femeii (1952), Pactul inter- naţional cu privire la drepturile economice, sociale şi culturale (1966), Convenţia cu privire la eliminarea tutu- ror formelor de discriminare faţă de femei (1979), Platforma şi Planul de Acţiuni de la Beijing (1995), Declaraţia Milenară (2000), Convenţiile relevante ale Organizaţiei Internaţionale a Muncii etc. 6. Orientarea Republicii Moldova spre integrare în Uniunea Europeană condiţionează aderarea la instru- mentele relevante din domeniu: Tratatul de la Amsterdam (1999), Carta Socială Europeană revizuită (1996), Declaraţia privind egalitatea dintre femei şi bărbaţi ca un criteriu fundamental al democraţiei, adoptată la a 4-a Conferinţă Ministerială Europeană privind Egalitatea dintre Femei şi Bărbaţi (Istanbul, 13-14 noiembrie 1997), Declaraţia şi Planul de Acţiuni, adoptat la ce de-al Treilea Summit al Şefilor de State şi Guverne al state- lor-membre ale Consiliului Europei (Varşovia, 16-17 mai 2005), Rezoluţia privind realizarea egalităţii de gen: o provocare pentru drepturile omului şi o premisă a dezvoltării economice, adoptată la a 6-a Conferinţă Ministe- rială Europeană privind Egalitatea dintre Femei şi Bărbaţi (Stockholm, 8-9 iunie 2006), Foaia de parcurs pentru egalitate între femei şi bărbaţi (2006-2010), Recomandarea CM/Rec(2007)17 a Comitetului de Miniştri către statele-membre privind standardele şi mecanismele de asigurare a egalităţii de gen etc. 7. Avînd în vedere aderarea şi alinierea Republicii Moldova la documentele menţionate, la nivel de Parla- ment şi Guvern au fost întreprinse acţiuni strategice de racordare a cadrului normativ naţional la standardele
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internaţionale şi regionale în domeniul egalităţii genurilor. Astfel, Constituţia Republicii Moldova proclamă egalitatea femeilor şi bărbaţilor în faţa legii. Adoptarea Legii nr.5-XVI din 9 februarie 2006 cu privire la asigu- rarea egalităţii de şanse între femei şi bărbaţi, a Planului naţional “Promovarea egalităţii genurilor umane în societate pentru perioada 2006-2009”, aprobat prin Hotărîrea Guvernului nr.984 din 25 august 2006 au condus la stabilirea cadrului normativ specific în domeniu. Totodată, subiectul în cauză şi-a găsit oglindire şi în alte documente naţionale: Strategia Naţională a sănătăţii reproducerii, aprobată prin Hotărîrea Guvernului nr.913 din 26 august 2005, Strategia naţională de dezvoltare pe anii 2008-2011, adoptată prin Legea nr.295-XVI din 21 decembrie 2007, Planul de acţiuni privind implementarea Strategiei naţionale de dezvoltare pe anii 2008-2011, aprobat prin Hotărîrea Guvernului nr.191 din 25 februarie 2008, etc.
Situaţia pe ţară: tendinţe şi probleme
8. Cadrul normativ prezentat mai sus creează premisele necesare pentru dezvoltarea politicilor relevante în domeniul egalităţii genurilor. În republică au fost create structuri instituţionale cu competenţe specifice, cum sînt: Comisia Guvernamentală pentru egalitate între femei şi bărbaţi, Direcţia politici de asigurare a egalităţii de gen şi prevenirea violenţei în cadrul Ministerului Muncii, Protecţiei Sociale şi Familiei şi unităţi gender în cadrul unor ministere de resort. Pe parcursul ultimilor ani ciclic au fost atestate unele progrese în promovarea egalităţii de gen, manifestate prin creşterea numărului de femei la posturi decizionale, desfăşurarea progra- melor de informare a populaţiei, de dezvoltare a capacităţilor specialiştilor cu competenţe în domeniu etc. Republica Moldova s-a plasat în topul primelor 20 dintre 130 de state din lume cu privire la egalitatea genurilor, potrivit celui de-al treilea Raport cu referire la indexul global al egalităţii de gen, lansat de Forumul Economic Mondial (2008). 9. În pofida adoptării cadrului normativ cu privire la asigurarea egalităţii genurilor, se atestă o multitudine de probleme ce vizează implementarea în practică a acestuia.
Sfera ocupării forţei de muncă şi migraţiei de muncă 10. Creşterea economică din ultimii ani nu a fost însoţită de o creştere pe măsură a numărului de locuri de muncă. Astfel, în anul 2008 rata de ocupare a forţei de muncă în rîndul bărbaţilor a fost mai înaltă atît la nivel urban, cît şi rural (48,6% şi 42,7% respectiv) comparativ cu rata de ocupare a femeilor – 41,0% în mediul urban şi 39,5% în cel rural, în pofida faptului că ponderea femeilor în rîndul studenţilor este mai mare (58,9% din total). În acelaşi timp, cu toate că rata şomajului la bărbaţi este mai înaltă (în 2008 – 4,6%) comparativ cu cea a femeilor (3,4%), femeile întîmpină mai multe dificultăţi decît bărbaţii pe piaţa muncii, legate şi de specificul de gen. Ponderea femeilor printre persoanele inactive e mai mare ca cea a bărbaţilor, constituind 55,3%. 11. Orientarea profesională insuficientă, persistenţa stereotipurilor de gen împiedică alegerea unor profesii din unele ramuri predominant masculine. Salariile joase sînt explicaţia principală a atractivităţii scăzute a pieţei muncii în Moldova. În sfera angajării în cîmpul muncii se constată discrepanţe de gen referitoare la salarizarea femeilor şi bărbaţilor. Astfel, salariul mediu lunar al femeilor în anul 2008 a constituit 73,3% din salariul mediu lunar al bărbaţilor, sau 2134 lei, iar cel al bărbaţilor – 2910,1 lei. Salariul mediu lunar pe economie în anul 2008 a constituit 2529,7 lei. 12. Diferenţele de salariu între femei şi bărbaţi se explică prin mai mulţi factori. Factorii principali care formează diferenţele în remunerarea muncii bărbaţilor şi a femeilor sînt segregarea orizontală şi cea verticală. Astfel, aproape jumătate din femeile din mediul rural sînt angajate în sectorul agrar, unde practică cele mai puţin calificate lucrări şi, respectiv, au un salariu mai mic decît bărbaţii, care deţin locuri de muncă cu anumi- te calificări. Un alt factor al discrepanţei salariale dintre femei şi bărbaţi este faptul că există domenii în care predomină femeile – activităţi “feminizate” (educaţie, sănătate), unde salariile sînt mai mici decît în sectoarele unde ponderea bărbaţilor este mai mare (construcţii, transporturi). Adiţional, femeile sînt subreprezentate în vîrful piramidei profesionale. Or anume salariul managerilor de nivel superior a crescut în ultima perioadă. Numărul femeilor depăşeşte numărul bărbaţilor în categoria funcţionarilor publici de rang inferior. În final, discrepanţele salariale existente în republică contribuie la conservarea nivelului scăzut al acumulărilor pentru pensii, care ulterior influenţează direct cuantumul pensiilor ceea ce se răsfrînge asupra nivelului de bunăstare a femeilor şi bărbaţilor. 13. Experţii din domeniu indică asupra necesităţii analizei fenomenului migraţiei prin prisma de gen, la eta- pa actuală fiind menţionată sporirea riscului pentru femei de a fi expuse discriminărilor. Studiile internaţionale
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realizate în domeniu arată că acest risc creşte din cauza atitudinii faţă de migranţi în general, precum şi din motiv că atitudinile şi percepţiile de gen se schimbă greu. Bărbaţii au oportunităţi mai mari pentru angajare, de la munci necalificate la cele înalt calificate. Femeile se pot angaja într-un număr limitat de ocupaţii, care sînt asociate cu rolurile tradiţionale de gen, precum: munca în sectorul casnic (menajeră, econoamă, dădacă), în agricultură, servicii hoteliere sau industria de agrement. Femeile lucrătoare migrante suferă, de fapt, din cauza dublei discriminări la locul de muncă: în primul rînd, pentru că sînt persoane străine şi, astfel, suferă de aceleaşi forme de discriminare ca şi bărbaţii migranţi; în al doilea rînd, pentru că sînt femei şi, astfel, pot deveni victime ale violenţei sau traficului atît în procesul de migrare, cît şi pe piaţa muncii în statele de destinaţie. Astfel, fiind angajate peste hotare, în sectoare care nu se potrivesc cu calificările, studiile şi aptitudinile lor, acestea deseori degradează profesional sau îşi pierd calificarea. La elaborarea politicilor migraţionale este necesar de acor- dat o atenţie deosebită aspectelor ce ţin de asigurarea drepturilor şi libertăţilor fundamentale ale migranţilor, protecţia migranţilor, în special a femeilor, contra discriminărilor şi oferirea de soluţii privind fortificarea me- canismelor de aplicare/respectare a prevederilor legislaţiei internaţionale, inclusiv a Convenţiei CEDAW. 14. Conform datelor Biroului Naţional de Statistică, în anul 2008 numărul persoanelor declarate plecate în alte ţări la muncă sau în căutare de serviciu a fost de circa 309,7 mii de persoane, ceea ce constituie 18,9% din totalul populaţiei inactive cu vîrsta de la 15 ani şi peste. În jur de două treimi din cei plecaţi au fost bărbaţi, fapt ce necesită reevaluarea programelor de orientare profesională şi a politicilor ocupaţionale avînd în vizor acest aspect de gen. 15. Nivelul migraţiei forţei de muncă din Moldova se datorează mai multor aspecte socio-economice: veni- turilor mici, care nu acoperă necesităţile, oportunităţilor minime de angajare conform specialităţii, în pofida ni- velului educaţional relativ înalt, situaţiei geografice favorabile şi, nu în ultimul rînd, cererii înalte pe piaţa forţei de muncă din străinătate. Printre factorii determinanţi consemnăm imposibilitatea multor persoane economic active de a-şi găsi un loc de muncă adecvat, care le-ar permite să-şi întreţină familia în ţară (în conformitate cu datele anchetei gospodăriilor casnice – 40% din persoanele intervievate) etc. Alţi factori se referă la schimbările demografice, crizele economice şi sporirea diferenţei de venituri între ţări, precum şi între statele dezvoltate şi cele aflate în curs de dezvoltare. Comparativ cu perioadele precedente se atestă un nivel relativ stabil al proce- sului migraţionist în rîndul femeilor şi bărbaţilor. Astfel, conform datelor Biroului Naţional de Statistică, în anul 2006 din 310,1 mii persoane plecate la lucru sau în căutare de lucru peste hotare, femeile constituiau 112,3 mii persoane, sau 36,21%. În 2007 numărul femeilor plecate la lucru sau în căutare de lucru peste hotare a constituit 116,3 mii persoane, sau 34,65% din numărul total al migranţilor. O uşoară scădere în numărul total al migran- ţilor a fost înregistrată în anul 2008, cînd această cifră a atins cota de 309,7 mii persoane, femeile constituind 108,3 mii persoane, sau 34,96%. Migraţia mamelor şi a taţilor are impact negativ semnificativ asupra copiilor rămaşi fără îngrijirea acestora, fiind constatat abandonul şcolar, confruntări ale copiilor cu probleme emoţio- nale, abuzuri psihologice şi consum de alcool, diverse substanţe. 16. Problemele prioritare identificate: a) limitarea posibilităţilor de participare a femeilor pe piaţa muncii (insuficienţa serviciilor pentru femeile cu copii mici, discriminarea după criteriul de vîrstă şi sex la angajare); b) persistenţa segregării profesionale şi discrepanţei între salariile femeilor şi bărbaţilor; c) creşterea numărului persoanelor care pleacă la lucru peste hotare, acestea fiind expuse riscului de discri- minare, în special femeile tinere, confruntîndu-se cu riscul de a deveni victime ale violenţei sau traficului de fiinţe umane; d) migraţia mamelor şi taţilor, care are impact negativ asupra copiilor rămaşi fără îngrijirea acestora; e) transformări serioase ale instituţiei familiei, care afectează deopotrivă femeile, bărbaţii şi copiii.
Sfera bugetară 17. Introducerea dimensiunii de gen în procesul de bugetare şi finanţare poate contribui la reorientarea cheltuielilor bugetului de stat asupra realizării problemelor sociale actuale ţinînd cont de necesităţile şi intere- sele tuturor cetăţenilor tării, indiferent de gen, lichidarea discordanţelor între politicile promovate şi modul de cheltuire a mijloacelor financiare bugetare. Utilizarea analizei bugetelor sensibile la gen în politicile din toate domeniile se prezintă în calitate de instrument necesar care garantează respectarea principiului egalităţii de gen în distribuirea şi alocarea resurselor. 18. La etapa actuală, analiza impactului cheltuielilor guvernamentale asupra femeilor şi fetelor în compa- raţie cu bărbaţii şi băieţii se transformă într-o tendinţă globală. Astfel, Recomandarea CM/Rec(2007)17 a Co- mitetului de Miniştri către statele-membre privind standardele şi mecanismele de asigurare a egalităţii de gen
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stipulează în calitate de elemente, care indică voinţa politică şi angajamentul statelor de a asigura promovarea de facto a egalităţii de gen, alocarea de resurse financiare adecvate programelor, proiectelor şi iniţiativelor pen- tru realizarea egalităţii de gen şi abilitării femeilor şi utilizarea bugetelor sensibile de gen în politicile din toate domeniile. 19. În acest context, au fost consolidate capacităţile reprezentanţilor din cadrul autorităţilor publice centrale şi locale, mediului academic, au fost realizate trei studii de caz pentru a analiza bugetele locale prin prisma de gen cu următoarele tematici “Vulnerabilitatea femeii din familii monoparentale care îngrijesc de copii cu diza- bilităţi în raionul Făleşti”, “Aspectul formal şi informal al îngrijirii la domiciliu a bătrînilor în raionul Sîngerei” şi “Problemele asigurării şanselor egale pentru bărbaţi şi femei la formarea structurii cheltuielilor bugetului în raionul Taraclia”. Totodată, implementarea procesului de bugetare prin prisma de gen întîmpină mai multe dificultăţi, printre care pot fi enumerate: nevalorificarea în procesul bugetar a standardelor sociale şi norma- tivelor financiare raportate la dimensiunea de gen; lipsa analizei prin prisma dimensiunii de gen a proiectului bugetului; capacităţi insuficiente (umane şi tehnice) a specialiştilor responsabili de elaborarea bugetelor în as- pectul utilizării principiului egalităţii de gen în procesul bugetar; neincluderea dimensiunii de gen în elaborarea bugetelor la nivel de ramură; lipsa unor indicatori sensibili la gen, care pot fi utilizaţi la evaluarea impactului cheltuielilor bugetare asupra realizării programului naţional de asigurare a egalităţii de gen; activismul scăzut al reprezentanţilor societăţii civile în procesul de elaborare şi monitorizare a bugetului. 20. Problemele prioritare identificate: a) nevalorificarea în procesul bugetar a standardelor sociale şi normativelor financiare locale raportate la dimensiunea de gen; b) conştientizarea slabă a populaţiei şi a specialiştilor a esenţei bugetului sensibil la dimensiunea de gen.
Sfera participării la procesul decizional public şi politic 21. În Republica Moldova se observă o dinamică pozitivă în domeniul antrenării femeilor în procesul deci- zional public şi politic. Astfel, în 2008 postul de prim-ministru a fost deţinut de femeie, 29,4% dintre cabinetul de miniştri era reprezentat de femei, concomitent 17,5% dintre primari sînt femei. La fel, femeile constituiau 21,8% dintre deputaţii în Parlament. În acelaşi timp, acestea continuă să fie subreprezentate atît în procesul electoral, cît şi în cel politic şi decizional, or cifrele menţionate sînt departe de a reflecta structura demografică a populaţiei, unde femeile reprezintă 51,9% şi bărbaţii – 48,1% din populaţie. Este important ca tendinţele de creştere a numărului de femei antrenate în activitatea politică să fie susţinute şi consolidate. În calitate de factori principali ai schimbărilor pozitive în domeniu se conturează: modificarea şi ajustarea legislaţiei; respectarea angajamentelor internaţionale; aplicarea unor politici şi programe cu impact asupra mentalităţii populaţiei privind rolurile de gen ale femeilor şi bărbaţilor în societate şi în familie; eliminarea stereotipurilor de gen şi a barierelor structurale (cum sînt insuficienţa de servicii adresate îngrijirii copiilor preşcolari, persoanelor cu dizabilităţi /a bătrînilor; graficele neflexibile de activitate ale femeilor şi bărbaţilor). Femeile din Moldova continuă să se confrunte cu discriminări în raport cu bărbaţii în domeniul activităţii politice şi publice, deter- minate în mare parte de stereotipurile de gen şi sexismul existent. 22. Problemele prioritare identificate: a) subreprezentarea femeilor în funcţii decizionale în viaţa politică şi publică; b) existenţa barierelor structurale de natură culturală, economică şi socială în promovarea femeilor în func- ţii decizionale în viaţa politică şi publică.
Sfera protecţiei sociale şi familiei 23. Sistemul de asistenţă socială atît în forma sa clasică, cît şi în structura sa actuală se bazează pe un model patriarhal al societăţii, unde anume femeilor le revine activitatea de îngrijire neremunerată a bătrînilor, copiilor şi a bolnavilor, precum şi implicarea mai activă în activităţile obşteşti, comunitare. Acest model, bazat pe ideea că în familie există un venit obţinut atît în urma lucrului remunerat, cît şi a îngrijirii neremunerate, limitează în mod evident participarea socială, politică şi economică a femeilor, care sînt preponderent prestatori de servicii de îngrijire neremunerată, precum şi reduce rolul bărbaţilor în sfera privată. Însă, odată cu promovarea egalită- ţii de gen în Republica Moldova, unde atît femeile, cît şi bărbaţii trebuie să se bucure de drepturi şi oportunităţi egale în sfera publică şi în cea privată, inclusiv promovarea participării active pe piaţa muncii a femeilor, acest model îşi pierde sensul şi necesită ajustări în scopul evitării conflictului dintre politicile de asistenţă socială cu cele de angajare în cîmpul muncii, precum şi cu principiul de promovare a egalităţii de gen.
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24. Legislaţia în vigoare din domeniul asigurărilor sociale de stat nu conţine nici o discriminare pe bază de sex în calitatea de contribuabil şi beneficiar de prestaţii sociale (pensie, îndemnizaţie). De facto însă, există diferenţe de gen în mărimea pensiei de asigurări sociale. În perioada 1 ianuarie 2008 – 31 decembrie 2008, femeile care au activat în economia naţională au beneficiat de pensie pentru limită de vîrstă în mărime medie de 812,33 lei, în timp ce mărimea medie a pensiei pentru limită de vîrstă a bărbaţilor a constituit 1147,68 lei. 25. Cuantumul mic al pensiei de care beneficiază femeile este condiţionat de venitul din care s-au achitat contribuţii de asigurări sociale de stat şi stagiul de cotizare realizat. Stagiul de cotizare realizat de către fe- mei în economia naţională este cu 5 ani şi 01 luni mai mic decît stagiul de cotizare realizat de către bărbaţi. Diferenţierea în stagiul de cotizare al bărbaţilor şi femeilor se formează atît din contul vîrstei de pensionare reglementată diferit: pentru bărbaţi – 62 de ani şi pentru femei – 57 de ani, cît şi din contul deosebirilor dintre durata întreruperilor benevole şi cele forţate în ocupare, care se includ sau nu în stagiul de cotizare. Femeile, mai frecvent decît bărbaţii, utilizează întreruperile social-utile: concediul parţial plătit pentru îngrijirea copilu- lui pînă la vîrsta de 3 ani şi concediul suplimentar neplătit pentru îngrijirea copilului în vîrstă de la 3 pînă la 6 ani. Astfel, responsabilităţile în creşterea şi educaţia copiilor sînt puse preponderent pe seama femeilor, nefiind împărţite echitabil. 26. Analiza sferei protecţiei sociale demonstrează că diferenţele de gen ale vîrstei de pensionare şi speranţa de viaţă la vîrsta de pensionare dezavantajează şi bărbaţii, şi femeile. Speranţa de viaţă la vîrsta de pensionare la bărbaţi este destul de joasă, ceea ce respectiv limitează şansele bărbaţilor de a beneficia de contribuţiile pe care le fac pe parcursul vieţii. Conform formelor tradiţionale de distribuire a obligaţiunilor în gospodăria casnică – responsabili- tatea majoră este pusă pe seama femeii, iar pensionarea anticipată a femeilor compensează într-o oarecare măsură munca acestora pentru întreţinerea gospodăriei casnice, naşterii şi educaţiei copiilor. În acelaşi timp, discrepanţele de gen în salarizare şi stagiul de cotizare al femeilor şi bărbaţilor (în defavoarea femeilor) conduce la creşterea vulnerabilităţii femeii asigurate, care pe viitor va beneficia de pensie, a cărei cuantum vă fi mai mic comparativ cu pensia bărbatului. 27. Problemele prioritare identificate: a) sarcina dublă a femeilor în viaţa de familie şi cea profesională; b) femeile ca prestator principal al serviciilor de îngrijire şi protecţie socială, determinat în mare măsură de stereotipurile tradiţionale; c) discrepanţa între pensiile bărbaţilor şi femeilor.
Sfera sănătăţii 28. Vîrsta generală a populaţiei în Moldova este în creştere. Conform datelor Biroului Naţional de Statistică, la 1 ianuarie 2008 speranţa de viaţă la naştere era de 65,55 ani pentru bărbaţi şi 73,17 ani pentru femei, discrepanţele de gen existente fiind evidente. La vîrsta de 60 de ani, speranţa de viaţă a femeilor este cu 3,4 ani mai mare decît a bărbaţilor în mediul urban, iar în spaţiul rural – cu 3 ani mai mare. În pofida măsurilor concrete, întreprinse în ultimii ani pentru ameliorarea sănătăţii femeilor şi bărbaţilor, mai persistă un şir de probleme economice şi medico-sociale, care afectează sănătatea populaţiei. Astfel, femeile din localităţile rurale au acces mai limitat la servicii calitative de sănătate a reproducerii, fapt ce sporeşte magnitudinea problemelor de sănătate. Una din problemele medico-sociale ce afectează grav sănătatea maternă este frecvenţa înaltă a în- treruperilor de sarcină, o parte fiind efectuate prin metode depăşite şi în condiţii nesigure. Avortul mai este încă folosit drept metodă pentru controlul fertilităţii din cauza accesului inadecvat la informaţie privind metodele de contracepţie şi a numărului mare de sarcini neintenţionate şi nedorite (în 2008 rata avorturilor la 1000 de naşteri a fost de 376). În anul 2008 numărul întreruperilor de sarcină a crescut nesemnificativ fată de 2007, pe- ste 75% dintre ele au avut loc pentru femeile aflate în grupa de vîrstă 20-34 ani. Pe o poziţie de prioritate rămîne a fi mortalitatea maternă, constituind în 2008 – 38,4 la 100000 născuţi vii. 29. Pe prim plan se situează şi maladiile social-condiţionate. Comportamentul vicios, şi anume abuzul de alcool, constituie o problemă medico-socială de importanţă crescîndă, care, conform estimărilor OMS, este cel mai important factor de risc dintre cei 10 identificaţi în Republica Moldova. Astfel, la 1 ianuarie 2009 în supraveghere medicală se aflau: 46100 bolnavi de alcoolism cronic, din ei: 38600 bărbaţi (83,7%) şi 7500 femei (16,3%). Circa 60% din persoanele cu alcoolism cronic sînt din localităţile rurale (femei 62,3%, bărbaţi 66,4%). Potrivit estimărilor specialiştilor, cel mai important indice ce caracterizează situaţia privind alcoolismul printre femei şi bărbaţi, în orice ţară, este incidenţa psihozelor alcoolice, care în 2008 în Moldova au constituit 21,7 la 100000 locuitori (2007 – 23,0 la 100000 locuitori).
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30. Pentru anul 2008, rata mortalităţii generale a populaţiei la 1000 locuitori constituia 11,7; la bărbaţi – 12,7, iar la femei – 10,8. Rata mortalităţii generale a populaţiei prin traume şi otrăviri la 1000 de locuitori con- stituie 0,9, la bărbaţi fiind de 0,7, iar la femei – 0,2. În acelaşi timp, semnificativ este faptul că dacă în structura mortalităţii generale ponderea bărbaţilor constituia 51,9%, atunci rata specifică de mortalitate a persoanelor apte de muncă, în funcţie de sex şi vîrstă, constituia pentru bărbaţi 74,9%, iar pentru femei numai 21,1%. În structura mortalităţii printre bărbaţi ponderea principală revine traumelor şi intoxicaţiilor. 31. Reieşind din cele expuse anterior, este necesar de asigurat elaborarea şi orientarea politicilor de sănătate spre necesităţile femeilor şi bărbaţilor, condiţionate atît de aspectele biologice, cît şi de cele socio-economice şi culturale. 32. Problemele prioritare identificate: a) rata înaltă a mortalităţii bărbaţilor din cauza traumatismelor şi intoxicaţiilor; b) alcoolismul în creştere printre femei şi bărbaţi, în special în rîndul bărbaţilor; c) rata mai înaltă a avorturilor, complicaţiilor după naştere şi a deceselor materne în spaţiul rural.
Sfera educaţională 33. Cadrul normativ stipulează accesul egal al fetelor şi băieţilor la educaţie. Deşi majoritatea copiilor sînt înma- triculaţi în şcoli, mediul educaţional nu contribuie la valorizarea potenţialului individual al fiecărei fete sau băiat. 34. În acelaşi timp, insuficienţa instituţiilor preşcolare, în deosebi la nivel rural, afectează copiii, sistemul de învăţămînt, părinţii şi, mai ales, mamele. Or, acest fapt împiedică angajarea femeilor în cîmpul muncii, creează obstacole în dezvoltarea şi avansarea lor profesională, armonizarea obligaţiunilor familiale şi profesionale. În condiţiile în care nu există locuri suficiente în instituţiile preşcolare, iar părinţii sînt implicaţi în diverse acti- vităţi de muncă (lucrări agricole, comerţul cu amănuntul etc.), fetiţele mai mari preiau, de regulă, grija faţă de copiii mai mici, fiind astfel limitate în posibilitatea de a-şi dezvolta propriile capacităţi. 35. Sistemul de învăţămînt se află în relaţie proporţional-condiţionată cu segregarea de gen pe piaţa muncii. La fel, se atestă o atitudine condiţionată de gen a cadrelor didactice faţă de elevi atît în procesul de predare şi evaluare, cît şi în implicarea elevilor în anumite activităţi extracurriculare, inclusiv orientarea profesională. Per- sistenţa în învăţămînt a unor stereotipuri de gen reproduce modelele tradiţional masculine şi feminine, deseori fiind ignorate diferenţele individuale şi aptitudinile personale ale fetelor şi băieţilor. 36. Diferenţele de înmatriculare a băieţilor şi fetelor în învăţămîntul secundar general sînt semnificative. Astfel, bărbaţii reprezintă majoritatea studenţilor din cadrul învăţămîntului secundar profesional (65,7%) pen- tru anul de studii 2007/2008 (în comparaţie cu anul de studii 2006/2007 cînd aceştia constituiau 64%). Femeile reprezintă circa 56% din studenţii colegiilor, iar în învăţămîntul superior, ponderea femeilor constituie 58,9%. Peste 60% din numărul studenţilor doctoranzi şi postdoctoranzi ai universităţilor (anul de studii 2007/2008), de asemenea, sînt femei. 37. Totodată, se atestă deficitul de cadre didactice în mediul rural, plecarea masivă a cadrelor didactice peste hotare, discrepanţe de gen la nivel de specialităţi; feminizarea semnificativă la nivel de cadre didactice (în anul de studii 2007/2008 femeile constituiau: 80,8% în învăţămîntul primar şi secundar general; 50,0% în învăţămîntul se- cundar profesional; 70,0% în învăţămîntul mediu de specialitate şi 54,7% în învăţămîntul superior). Însă, chiar dacă femeile constituie majoritatea în domeniul educaţiei, bărbaţii continuă să deţină poziţii de nivel superior, ei fiind cei care adoptă deciziile importante. Astfel, conform datelor disponibile în cadrul Ministerului Educaţiei, situaţia privind reprezentarea de gen a persoanelor cu funcţie de decizie este următoarea: din 29 rectori ai instituţiilor de învăţămînt superior din republică (atît private, cît şi de stat) doar 4 sînt femei, or 13%; din 46 directori de colegii fe- meile reprezintă 15 poziţii, or 32%; din 67 directori de scoli profesionale şi de meserii, femeile reprezintă 13 poziţii, ceea ce constituie doar 20%. Feminizarea sistemului educaţional reprezintă o consecinţă a salarizării scăzute, a retragerii semnificative a bărbaţilor din acest domeniu, a persistenţei stereotipului conform căruia anume femeile sînt responsabile de îngrijirea şi educarea copiilor. 38. Problemele prioritare identificate: a) persistenţa stereotipurilor de gen în sistemul şi procesul educaţional; b) feminizarea sistemului educaţional în Republica Moldova.
Sfera violenţei şi traficului de fiinţe umane 39. La etapa actuală, în sfera violenţei şi traficului, în republică a fost adoptat cadrul normativ specializat în domeniu. Au fost create structuri instituţionale cu competenţe specifice: Direcţia politici de asigurare a egalităţii de gen şi prevenirea violenţei în cadrul Ministerului Muncii, Protecţiei Sociale şi Familiei, Comitetul naţional
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pentru combaterea traficului de fiinţe umane şi Grupul coordonator interministerial în domeniul violenţei în familie. A fost creat Sistemul Naţional de Referire pentru protecţia şi asistenţa victimelor şi potenţialelor victi- me ale traficului de fiinţe umane, treptat se dezvoltă reţeaua de servicii adresate victimelor traficului şi violenţei, se lucrează asupra formării unui sistem informatizat automatizat integrat al cazurilor de violenţă în familie. 40. Concomitent, se observă nivelul insuficient de conştientizare de către societate a problemei violenţei în familie drept încălcare a drepturilor omului; nivelul slab de pregătire a specialiştilor din diverse domenii refe- ritoare la identificarea, înregistrarea şi referirea cazurilor de violenţă în familie; insuficienţa de resurse umane calificate şi resurse financiare pentru asistenţa victimelor violenţei în familie şi lucrul cu agresorii; lipsa me- canismelor de identificare, abordare şi soluţionare a fenomenului hărţuirii sexuale; insuficienţa de servicii de asistenţă şi protecţie a victimelor; lipsa serviciilor de resocializare a agresorilor familiali; imperfecţiunea meca- nismului de monitorizare şi evaluare a domeniului violenţei şi traficului de fiinţe umane. 41. Experţii în domeniu indică asupra persistenţei manifestării violenţei împotriva fetelor şi băieţilor în sistemul educaţional. Astfel, 30% din copii au menţionat că au fost agresaţi verbal de către profesori, 13% au fost abuzaţi fizic, 24% – discriminaţi (în special din familii sărace). Doi din zece copii menţionează că sînt supuşi violenţei verbale în familia lor, drept sursă mai frecvent fiind tata decît mama (Studiu UNICEF, 2007). 42. Sistemul de statistici existent nu reflectă adecvat fenomenul abordat. Astfel, pe parcursul anului 2008 de către organele de ordine, în republică au fost înregistrate în total 63 de infracţiuni în cadrul relaţiilor familiale (comparativ cu 30 cazuri înregistrate în anul 2007), dintre care: omoruri – 30 (în 2007 – 14 cazuri), vătămări corporale grave – 33 (în 2007 – 16 cazuri). Din numărul total de 28236 petiţii examinate de către organele de poliţie 2992 (sau circa 10,5%) se referă la sfera relaţiilor familiale. Au fost întocmite 1746 procese-verbale admi- nistrative, 4761 scandalagii familiali se află în vizorul organelor de poliţie. În acelaşi timp, sistemul de colectare a datelor nu ţine cont de dimensiunea de gen, fapt ce împiedică elaborarea documentelor de politici relevante. 43. Experţii indică asupra faptului că deseori violenţa în familie reprezintă cauza traficării femeilor/fetelor. Datele OIM indică asupra faptului că în jur de 70% din victimele traficului, care au beneficiat de asistenţă au fost victime ale violenţei în familie. Astfel, este necesară o abordare complexă a fenomenelor menţionate. 44. Problemele prioritare identificate: a) persistenţa violenţei în familie împotriva femeilor şi fetelor; b) persistenţa manifestării violenţei împotriva fetelor şi băieţilor în sistemul educaţional; c) existenţa fenomenului hărţuirii sexuale a femeilor la locul de muncă; d) traficarea femeilor şi fetelor ca drept consecinţă a violenţei în familie.
Sfera creşterii nivelului de conştientizare publică 45. Analizele efectuate asupra reflectării egalităţii de gen în mijloacele de informare în masă din Republica Moldova relevă faptul că, pe parcursul ultimului an, în presa scrisă apar tot mai multe materiale ce vizează dimensiunea de gen, fapt care este salutabil. În acelaşi timp, continuă să fie la fel de des întîlnite materiale cu conţinut tendenţios, discriminator şi sexist. Studiile demonstrează că din articolele analizate numai 20% prezintă echilibrat femeile şi bărbaţii, 63% – profesionişti bărbaţi, între 3% şi 27% – femei profesioniste. Din numărul total de poze predomină net cele reprezentînd bărbaţii (27% – bărbaţi, 17% – femei). Bărbaţii-profesionişti sînt reprezentaţi exclusiv în mediul său profesional. Pozele mixte cu femei şi bărbaţi constituie, în mediu, 17%. Po- zele cu femei profesioniste le reprezintă pe acestea în sfera privată, într-o ambianţă relaxată, irelevante activităţii profesate. Unele dintre publicaţii prezintă foarte puţine poze cu femei profesioniste (1-2%), sau se limitează doar la poze cu femei din lumea showbiz-ului (astfel fiind accentuat mai mult aspectul fizic al acestora decît valoarea lor ca şi profesioniste). 46. De cele mai dese ori intenţia autorilor nu este să denigreze femeile, ca grup social sau să arate supe- rioritatea bărbaţilor, dar, în virtutea stereotipurilor, aceste diferenţe în abordarea tendenţioasă a femeilor şi bărbaţilor continuă să apară frecvent. Experţii consideră că, din cauza cunoştinţelor insuficiente în domeniu, dar, mai ales implicit, a unei insensibilităţi de gen, lucrătorii din publicitate continuă să producă imagini inter- pretabile, stereotipe şi discriminatorii. O altă explicaţie a persistenţei acestora este şi interesul publicului tocmai pentru asemenea panouri. 47. În pofida unor progrese atestate în discursul mediatic de gen în Moldova, se constată concluzii deloc îmbucurătoare: lipsesc campanii susţinute de promovare continuă şi constantă a drepturilor femeilor şi a princi- piului egalităţii de şanse; informaţiile /studiile /analizele despre principiul egalităţii de şanse sînt puţine şi datele existente se adresează în general unui public restrîns şi adesea chiar de specialitate; pregătirea reprezentanţilor media în domeniu este insuficientă.
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48. Problemele prioritare identificate: a) reprezentarea dezechilibrată a femeilor şi bărbaţilor în presă; b) utilizarea unei imagini sexiste, stereotipe a femeii în publicitate.
II. OBIECTIVE GENERALE ŞI SPECIFICE, PRINCIPIILE PROGRAMULUI
49. Prezentul Program naţional are drept scop identificarea şi asigurarea oportunităţilor, condiţiilor şi modalităţilor de realizare eficientă a egalităţii de gen în Republica Moldova. 50. Obiectivele generale ale Programului naţional constau în: a) conceptualizarea şi fundamentarea politicii de stat în domeniul egalităţii de gen ca factor determinant de asigurare a dezvoltării durabile a ţării şi de creare a condiţiilor adecvate pentru creşterea calităţii vieţii populaţiei; b) integrarea principiului egalităţii între femei şi bărbaţi în politicile din toate domeniile şi la toate nivelurile de adoptare şi aplicare a deciziilor; c) asigurarea mecanismelor de implementare a cadrului normativ existent în domeniu; d) asigurarea unui management eficient al implementării egalităţii de gen la nivel naţional şi local; e) sensibilizarea opiniei publice cu privire la prevenirea şi eliminarea prejudecăţilor, stereotipurilor de gen şi a condiţiilor generatoare de situaţii discriminatorii în bază de gen; f) stimularea activităţii analitice inter/transdisciplinare în domeniul egalităţii de gen; g) dezvoltarea dialogului şi parteneriatelor dintre autorităţile publice, societatea civilă şi alte părţi interesate. 51. Obiective specifice Sfera ocupării forţei de muncă şi migraţiei de muncă: a) creşterea angajării în rîndul femeilor şi reducerea discrepanţei salariale în funcţie de gen; b) eliminarea tuturor formelor de discriminare pe piaţa muncii în baza de gen; c) promovarea abilitării economice a femeilor din zonele rurale; d) integrarea dimensiunii de gen în implementarea politicilor de gestionare a migraţiei.
Sfera bugetară: a) elaborarea conceptului/viziunii privind bugetarea sensibilă la dimensiunea de gen (BSG) în contextul Republicii Moldova; b) promovarea elaborării bugetului sensibil la dimensiunea de gen (BSG) în procesul bugetar la nivel naţional şi local.
Sfera participării femeilor în procesul decizional: creşterea reprezentării femeilor în poziţiile decizionale în viaţa politică şi publică.
Sfera protecţiei sociale şi familiei: a) creşterea importanţei maternităţii şi paternităţii şi promovarea repartizării egale a responsabilităţilor fa- miliale de către bărbaţi şi femei; b) îmbunătăţirea protecţiei sociale a femeilor în calitate de prestatori de servicii de îngrijire informală la domiciliu; c) reducerea discrepanţei în cuantumul pensiei femeilor şi bărbaţilor.
Sfera sănătăţii: a) integrarea dimensiunii de gen în politicile din sectorul sănătăţii; b) reducerea discrepanţei de gen în speranţa de viaţă la naştere a femeilor şi bărbaţilor; c) reducerea factorilor socio-economici ce favorizează mortalitatea maternă, în special în rîndul femeilor din zonele rurale.
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Sfera educaţională: a) integrarea dimensiunii egalităţii de gen în politicile educaţionale şi în procesul educaţional; b) reducerea feminizării sistemului educaţional în Republica Moldova.
Sfera violenţei şi traficului de fiinţe umane: a) anihilarea violenţei domestice şi în bază de gen, precum şi a traficului de fiinţe umane, în particular cu femei şi fete; b) combaterea manifestării cazurilor de violenţă faţă de fete şi băieţi în sistemul educaţional; c) îmbunătăţirea serviciilor de reabilitare şi reintegrare a victimelor traficului de fiinţe umane şi violenţei, în particular femei şi fete.
Sfera creşterii nivelului de conştientizare publică: a) stimularea prezentării imaginilor pozitive a femeilor şi bărbaţilor şi a statutului, responsabilităţilor egale în sfera publică şi privată; b) combaterea imaginii sexiste în spoturile publicitare şi mijloacele de informare în masă; c) creşterea gradului de conştientizare în rîndurile femeilor şi bărbaţilor, fetelor şi băieţilor privind dreptu- rile omului. 52. În procesul de implementare a Programului naţional vor fi respectate următoarele principii: a) principiul nediscriminării şi egalităţii de şanse în asigurarea accesului egal al fetelor şi băieţilor, femeilor şi bărbaţilor la realizarea drepturilor sale civile, politice, economice, sociale şi culturale; b) principiul descentralizării şi responsabilităţii tuturor tipurilor comunităţilor (locale, social-profesionale, culturale etc.), pentru promovarea şi implementarea egalităţii de gen; c) principiul accesibilităţii proporţionale a femeilor şi bărbaţilor la obţinerea garanţiilor şi beneficiilor so- ciale, în special din grupurile dezavantajate; d) principiul de utilizare a limbajului nonsexist în documentele oficiale, în special în texte juridice, docu- mente de politici şi promovare a limbajului care reflectă principiile egalităţii de gen; e) principiul corelării optime a tuturor dimensiunilor educaţiei: intelectuală, estetică, morală, fizică şi profesională, care includ dimensiunea de gen; f) principiul participării echilibrate a femeilor şi bărbaţilor la viaţa politică şi publică, care asigură dezvolta- rea unei democraţii participative şi a unei guvernări mai receptive şi responsabile; g) principiul alocării de resurse umane şi financiare adecvate politicilor pentru realizarea egalităţii de gen şi abilitării femeilor, care garantează respectarea de facto a principiului egalităţii de gen; h) principiul aplicării datelor dezagregate în funcţie de sex şi abordării integrate a egalităţii de gen în proce- sul de elaborare, implementare, monitorizare şi evaluare a politicilor.
III. ACŢIUNILE NECESARE PENTRU ATINGEREA OBIECTIVELOR
53. Măsurile pe domenii Sfera ocupării forţei de muncă şi migraţiei de muncă: a) integrarea dimensiunii de gen în politicile şi planurile din domeniul ocupării forţei de muncă şi a pieţei muncii, inclusiv în politicile de gestionare a migraţiei, precum şi asigurarea monitorizării şi evaluării ulterioare a acestora prin prisma dimensiunii de gen; b) întreprinderea măsurilor de depăşire a segregării pe orizontală şi verticală a femeilor şi bărbaţilor pe piaţa muncii; c) adoptarea programelor specializate şi stimularea antreprenoriatului feminin, în particular în zonele rurale; d) organizarea campaniilor de informare şi conştientizare privind drepturile egale ale femeilor şi bărbaţilor pe piaţa muncii şi în activitatea economică; e) colectarea, analizarea şi distribuirea datelor statistice dezagregate în funcţie de sex vizînd participarea femeilor şi bărbaţilor pe piaţa muncii.
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Sfera bugetară: a) elaborarea şi integrarea cursului de bugetare sensibilă la dimensiunea de gen la nivelul educaţiei universi- tare şi consolidarea capacităţilor prin instruire continuă a funcţionarilor publici în acest domeniu; b) elaborarea şi pilotarea implementării analizei proceselor bugetare prin prisma de gen.
Sfera participării femeilor la procesul decizional: a) elaborarea şi punerea în aplicare a mecanismelor de promovare a egalităţii de gen în cadrul autorităţilor publice, precum şi întreprinderilor, instituţiilor şi organizaţiilor, indiferent de tipul de proprietate şi forma de organizare juridică; b) eliminarea barierelor structurale pentru participarea echilibrată a femeilor şi bărbaţilor în procesele de- cizionale din domeniul politic şi public; c) organizarea campaniilor de informare şi conştientizare pentru publicul larg, în special femei, cu scopul încurajării participării active a acestora în viaţa publică; d) colectarea, analizarea şi distribuirea datelor statistice dezagregate în funcţie de sex privind promovarea femeilor şi bărbaţilor în funcţiile decizionale.
Sfera protecţiei sociale şi familiei: a) integrarea dimensiunii de gen în documentele de politici din domeniul protecţiei sociale şi familiei, pre- cum şi asigurarea monitorizării şi evaluării ulterioare a acestora prin prisma dimensiunii de gen; b) promovarea şi asigurarea realizării drepturilor şi responsabilităţilor egale a femeilor şi bărbaţilor în rela- ţiile familiale; c) reconcilierea activităţii profesionale cu viaţa privată; d) reducerea diferenţelor de gen în sistemul de pensionare; e) organizarea campaniilor de informare şi conştientizare cu privire la importanţa asigurării egalităţii de gen în viaţa publică şi privată; f) colectarea, analizarea şi distribuirea datelor statistice dezagregate în funcţie de sex privind utilizarea tim- pului de către femei şi bărbaţi, în special timpul pentru îngrijirea copilului şi a persoanelor dependente, întreţi- nerea gospodăriei şi a altor sarcini familiale.
Sfera sănătăţii: a) consolidarea şi dezvoltarea ulterioară a capacităţilor de planificare familială, a instruirii privind modul sănătos de viaţă şi a măsurilor ce vizează sănătatea reproductivă, în special în zonele rurale; b) considerarea factorilor externi de influenţă asupra sănătăţii şi vieţii femeilor şi bărbaţilor, cum ar fi trau- matismele, cazurile de suicid, accidente, abuz de substanţe, ca factori prioritari în reducerea mortalităţii popu- laţiei, inclusiv a persoanelor în vîrstă aptă de muncă; c) organizarea campaniilor de informare, educaţionale şi de conştientizare în vederea formării unei culturi a populaţiei de prevenire a riscurilor şi securitate a sănătăţii, luîndu-se în considerare dimensiunea de gen; d) colectarea, analiza şi distribuirea datelor statistice dezagregate în funcţie de sex în domeniul sănătăţii publice.
Sfera educaţională: a) integrarea dimensiunii de gen în politicile educaţionale la etapele de elaborare, implementare şi monito- rizare a acestora; b) consolidarea capacităţilor pentru abordarea integrată a dimensiunii de gen în sistemul de învăţămînt, inclusiv elaborarea cursurilor de instruire, curriculum-ului, standardelor educaţionale, conţinutului subiectelor, resurselor de instruire şi învăţare; c) organizarea campaniilor de informare şi conştientizare cu privire la dimensiunea de gen în sistemul de educaţie; d) colectarea, analiza şi diseminarea datelor statistice dezagregate în funcţie de sex în sfera educaţională.
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Sfera violenţei şi traficului de fiinţe umane: a) adoptarea legii cu privire la modificarea şi completarea unor acte legislative în vederea asigurării imple- mentării mecanismelor de prevenire şi pedepsire a cazurilor de violenţă prin prisma de gen; b) consolidarea capacităţilor instituţiilor de prevenire şi contracarare a violenţei şi traficului de fiinţe umane cu accent asupra persoanelor implicate în reabilitarea victimelor şi resocializarea agresorilor, luînd în conside- rare dimensiunea de gen; c) elaborarea programelor educaţionale, a modulelor de instruire, realizarea cercetărilor, precum şi organi- zarea campaniilor de informare privind fenomenul violenţei şi traficului de fiinţe umane prin prisma dreptu- rilor omului şi egalităţii de gen; d) consolidarea programelor sociale, măsurilor de reabilitare şi resocializare adresate victimelor şi agresori- lor violenţei, precum şi victimelor traficului de fiinţe umane; e) colectarea, analizarea şi distribuirea datelor statistice dezagregate în funcţie de sex privind cazurile de violenţă şi trafic de fiinţe umane.
Sfera creşterii nivelului de conştientizare publică: a) iniţierea şi revizuirea cadrului legislativ de reglementare în domeniul mass-media prin prisma de gen, luînd în considerare bunele practici la nivel internaţional; b) analizarea, studierea, informarea şi întreprinderea acţiunilor de reflectare a dimensiunii şi problemelor de gen în mijloacele de informare în masă; c) consolidarea capacităţilor reprezentanţilor mass-media, în special a personalului executiv, privind di- mensiunea de gen şi promovarea imaginilor de gen echilibrate; d) implicarea bărbaţilor în promovarea principiului de şanse egale pentru femei şi bărbaţi.
IV. ETAPELE ŞI TERMENELE DE IMPLEMENTARE
54. Prezentul Program naţional stabileşte o viziune pe termen lung pentru asigurarea integrării perspectivei de gen în documentele de politici, inclusiv în cele intersectoriale şi multidisciplinare. Implementarea prezentu- lui program naţional este preconizată pentru anii 2010-2015. 55. Realizarea Programului naţional se va asigura prin două Planuri de acţiuni pe termen mediu care vor fi implementate de autorităţile competente în perioadele 2010-2012 şi 2013-2015. În anul 2012 va fi evaluat gradul de implementare al primului plan de acţiuni, iar rezultatele acesteia vor fi utilizate în scopul elaborării celui de-al doilea plan de acţiuni în contextul asigurării implementării depline a obiectivelor strategice ale programului.
V. RESPONSABILI PENTRU IMPLEMENTARE
56. Realizarea Programului naţional va fi asigurată prin dezvoltarea parteneriatelor sociale în domeniul asigurării egalităţii de gen, care include următoarele poziţii: a) consolidarea mecanismului naţional de promovare a egalităţii genurilor axîndu-se atît pe consolidarea coordonării activităţilor în domeniul gender la nivel guvernamental, cît şi pe crearea reţelelor de parteneriat şi susţinerea dialogului social. Un capitol separat referitor la consolidarea mecanismului naţional va fi inclus şi în planurile de acţiuni; b) coordonarea activităţilor la nivel de putere legislativă, executivă şi judecătorească, în colaborare cu socie- tatea civilă, care se prezintă drept precondiţie a implementării eficiente a prezentului Program naţional; c) realizarea rolului principal de coordonare şi monitorizare a implementării tuturor politicilor în confor- mitate cu prevederile prezentului Program naţional de către Comisia Guvernamentală pentru egalitate între femei şi bărbaţi la nivel naţional; d) participarea activă a organizaţiilor societăţii civile (ONG-rilor, Confederaţiei naţionale a sindicatelor, Confederaţiei naţionale a patronatelor, partidelor politice etc.) în implementarea şi monitorizarea Programului naţional;
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e) asigurarea de către comunitatea academică a unei abordări ştiinţifice a problematicii de gen la nivel de guvernare şi comunitate academică, de promovare a educaţiei de gen în sistemul de învăţămînt la toate nivelu- rile în Moldova. Instituţiile academice, centrele de cercetare, cadrele didactice şi cercetătorii constituie un po- tenţial valoros pentru acţiunile de sensibilizare de gen şi introducere a dimensiunii de gen în politicile publice şi procesele decizionale; f) implicarea activă a mass-media, care reprezintă unul din instrumentele importante de informare şi ridi- care a nivelului de conştientizare a publicului şi influenţare a actorilor relevanţi cu privire la egalitatea de gen, formarea culturii de gen a populaţiei; g) atragerea donatorilor, pentru implementarea mai eficientă a prezentului Program naţional.
VI. ESTIMAREA GENERALĂ A COSTURILOR
Estimarea impactului Programului naţional 57. Implementarea eficientă a Programului naţional va conduce la schimbări semnificative în conştiinţa şi comportamentul femeilor şi bărbaţilor, a societăţii în întregime cu referire la problematica egalităţii de gen în Republica Moldova. 58. Prezentul Program naţional: prevede valorificarea potenţialului ambelor genuri. Toţi cetăţenii au dreptul la participare în viaţa publică şi politică, şi statul este obligat să asigure şanse egale pentru bărbaţi şi femei de a beneficia de acest drept. În cazul în care unul din sexe (mai des femeile) este subreprezentat la funcţii de demnitate publică, fiind discriminat direct sau indirect, aceasta devine o problemă a echităţii sociale; abordează subiectul reprezentării echilibrate a genurilor la funcţiile de demnitate publică, care ţine şi de problema încrederii faţă de structurile de stat, legitimitatea acestora. Deoarece femeile în Moldova reprezintă mai mult de jumătate din populaţie, prezenţa acestora la funcţii decizionale asigură legitimitatea structurilor respective, aducînd sens naturii reprezentative a democraţiei; prevede crearea condiţiilor de realizare a potenţialului femeilor şi bărbaţilor, inclusiv prin reducerea prac- ticilor şi situaţiilor discriminatorii de gen, fapt ce va permite diminuarea fluxului migraţional al femeilor şi bărbaţilor, care neavînd încredere în posibilitatea depăşirii acestora, vor încerca să plece în alte ţări în căutarea noilor oportunităţi; pune începutul unor noi abordări de dezvoltare a societăţii şi, anume, trecerea de la abordarea de sex-rol (care reduce dezvoltarea persoanei la femininul şi masculinul biologic) la cea de gen (care, depăşind determi- nismul biologic, oferă persoanei şanse mai mari de autorealizare personală şi profesională); contribuie la consolidarea unei imagini pozitive a ţării pe plan internaţional: statul nu-şi poate permite subaprecierea în continuare a potenţialului unuia din sexe, în particular a femeilor, în diverse domenii ale vieţii; contribuie la îmbunătăţirea calităţii vieţii cetăţenilor ţării în urma eliminării tuturor formelor de discri- minare şi violenţă în bază de gen: s-ar îmbunătăţi sănătatea fizică şi psihică a femeilor şi bărbaţilor, ar creşte longevitatea vieţii bărbaţilor; ar scădea numărul divorţurilor, ar creşte rolul valorilor familiale, care la rîndul său vor contribui la crearea unor medii favorabile educării armonioase a tinerii generaţii etc. 59. Realizarea egalităţii de gen constituie unul din mijloacele eficiente de combatere a sărăciei şi stimulării dezvoltării societăţii. Asigurarea de facto a egalităţii de gen va contribui la reorientarea resurselor umane şi financiare cheltuite pentru înlăturarea consecinţelor inegalităţii (combaterea violenţei în familie, a traficului de fiinţe umane, a situaţiilor discriminatorii în bază de gen) spre programe de dezvoltare.
Costurile aferente implementării 60. Finanţarea activităţilor de implementare a prezentului Program naţional se va efectua din contul şi în limitele mijloacelor financiare prevăzute anual în bugetele respective ale autorităţilor publice relevante şi din alte surse, conform legislaţiei. 61. Costurile implementării prezentului Program naţional se pot încadra în bugetul existent, constituit din resursele bugetului public naţional prevăzute pentru instituţiile responsabile de implementarea activităţilor specifice din cadrul Planului de acţiuni pe termen mediu, conform prevederilor Cadrului de Cheltuieli pe Termen Mediu (CCTM) 2008-2010, Strategiei Naţionale de Dezvoltare 2008-2011 şi resursele financiare ale donatorilor. În procesul de elaborare a prezentului Program a fost imposibilă reflectarea costurilor, această sar-
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cină va ţine de responsabilitatea fiecărei instituţii implicate în implementarea Planului de acţiuni, în perioada 2010-2012, a Programului naţional de asigurare a egalităţii de gen pe anii 2010-2015. Totodată, vor fi necesare realocări şi o direcţionare mai judicioasă a resurselor financiare disponibile. Pentru realizarea obiectivelor pre- zentului Program naţional, ministerele de resort vor include măsuri în CCTM şi vor întreprinde acţiuni pentru a direcţiona activitatea donatorilor spre domeniile neacoperite financiar din bugetul public naţional.
VII. REZULTATE SCONTATE
Rezultate Scontate 62. Urmare a implementării eficiente a prezentului Program naţional în perioada 2010-2015, vor fi atinse următoarele rezultate la nivel strategic:
Sfera ocupării forţei de muncă şi migraţiei de muncă: a) reduse diferenţele în remunerarea femeilor şi bărbaţilor; b) redusă segregarea bazată pe gen pe piaţa muncii; c) redusă discriminarea de gen pe piaţa muncii; d) crescut antreprenoriatul în rîndul femeilor, în special în zonele rurale; e) îmbunătăţită protecţia socială a migranţilor, în special femei.
Sfera bugetară: a) elaborat şi aprobat conceptul/viziunea privind bugetul sensibil la dimensiunea de gen; b) create premise pentru promovarea bugetelor sensibile la dimensiunea gen (BSG) în actele normative şi legislative; c) consolidate capacităţile resurselor umane în promovarea bugetelor sensibile la dimensiunea de gen (BSG); d) pilotate analize prin prisma de gen a bugetelor în raioane şi sectoare selectate.
Sfera participării la procesul decizional public şi politic: a) majorată reprezentarea femeilor în poziţii decizionale; b) reduse stereotipurile şi barierele structurale care împiedică implicarea activă a femeilor în viaţa publică şi politică şi în procesul decizional.
Sfera protecţiei sociale şi familiei: a) reduse stereotipurile de gen privind rolul femeilor şi bărbaţilor în ceea ce priveşte responsabilităţile de familie; b) sporită participarea bărbaţilor în procesul de îngrijire a copiilor, vîrstnicilor şi nevoiaşilor; c) sporite oportunităţile de participare a femeilor pe piaţa muncii; d) îmbunătăţită protecţia socială a femeilor; e) îmbunătăţită protecţia socială a prestatorilor serviciilor de îngrijire informală a dependenţilor la domiciliu; f) redusă discrepanţa în cuantumul pensiei femeilor şi bărbaţilor.
Sfera sănătăţii: a) elaborate politici naţionale în domeniul sănătăţii sensibile la dimensiunea de gen; b) redusă discrepanţa de gen în speranţa de viaţă la naştere a femeilor şi bărbaţilor pe termen lung; c) redus numărul cazurilor de întrerupere a sarcinilor, inclusiv în rîndul adolescentelor; d) îmbunătăţit accesul la/şi utilizarea mijloacelor moderne de control al fertilităţii de către femei şi bărbaţi, în special în zonele rurale.
Sfera educaţională: a) asigurate drepturi egale şi acces egal al fetelor şi băieţilor, femeilor şi bărbaţilor, pentru a beneficia de toate principiile drepturilor umane în domeniul educaţiei; b) redusă feminizarea în sistemul educaţional al Republicii Moldova.
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Sfera violenţei şi traficului de fiinţe umane: a) planificate şi implementate măsuri de stat, precum şi asigurată monitorizarea acestora în vederea pre- venirii şi combaterii violenţei domestice şi traficului de fiinţe umane, luînd în considerare specificul de gen al victimelor; b) redus numărul cazurilor de violenţă bazată pe gen şi traficului de fiinţe umane, în special din zonele rurale; c) redus numărul cazurilor de violenţă în sistemul educaţional; d) dezvoltate serviciile pentru reabilitarea şi reintegrarea victimelor violenţei şi traficului de fiinţe umane, în particular femei şi fete, la nivel raional; e) protejate drepturile umane ale victimelor violenţei în baza de gen şi traficului de fiinţe umane prin inter- mediul mecanismului naţional şi internaţional de depunere şi soluţionare a reclamaţiilor.
Sfera creşterii nivelului de conştientizare publică: a) promovate imagini pozitive a femeilor prin intermediul mijloacelor de informare în masă la nivel local şi naţional; b) promovate femeile prin intermediul mijloacelor de informare în masă care prezintă rolul acestora în domeniul public; c) reduse practicile de prezentare a imaginii negative a femeii în mijloacele de informare în masă.
VIII. INDICATORII DE PROGRES ŞI PERFORMANTĂ
63. Pentru a obţine rezultatele scontate la toate compartimentele prevăzute în prezentul Program naţional se propune operarea cu setul armonizat de indicatori de dezvoltare sensibili la dimensiunea de gen în contex- tul Obiectivelor de Dezvoltare ale Mileniului, aprobat prin Hotărîrea nr.6 a Colegiului Biroului Naţional de Statistică din 26 decembrie 2008.
Sfera ocupării forţei de muncă şi migraţiei de muncă: a) documente de politici sensibile la dimensiunea de gen în domeniul ocupării forţei de muncă şi pieţei muncii; b) rata de ocupare în sectoarele public şi privat pe domenii economice, sexe şi medii; c) salarii medii pe sexe şi activităţi economice; d) ocuparea conform statutului profesional (şi sectoare economice) şi sexelor; e) rata de ocupare a femeilor şi bărbaţilor, în funcţie de numărul de copii în familie; f) rata taţilor care solicită şi beneficiază de concediul de îngrijire a copilului; g) numărul hotărîrilor definitive ale instanţei de judecată referitor la cazurile de adresare pe motiv de hărţuire sexuală sau alte forme de victimizare la locul de muncă; h) rata participării în activităţile economice pe sexe şi medii; i) numărul patronilor pe sexe, medii şi activităţi economice; j) numărul lucrătorilor pe cont propriu pe sexe şi medii; k) numărul conducătorilor de întreprinderi din sectorul real al economiei (conform mărimii întreprinderii, activităţii economice) pe sexe şi medii; l) numărul de programe şi politici în domeniul migraţiei unde este integrat principiul egalităţii de gen.
Sfera bugetară: a) numărul studenţilor la nivel postuniversitar care studiază cursul privind bugetarea sensibilă la gen; b) numărul funcţionarilor publici instruiţi pe marginea bugetării sensibile la gen; c) numărul raioanelor şi sectoarelor ce utilizează instrumentele bugetării sensibile la gen.
Sfera participării la procesul decizional public şi politic: a) cota mandatelor deţinute de femei în Parlament; b) numărul/ponderea femeilor şi bărbaţilor, după medii, aleşi în consiliile municipale şi locale;
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c) numărul membrilor Cabinetului de miniştri, pe sexe; d) ponderea femeilor în numărul funcţionarilor publici în autorităţile publice centrale şi locale; e) numărul managerilor şi funcţionarilor publici în funcţie de demnitate publică şi unităţile economice pe sexe şi statut profesional (salariaţi şi nesalariaţi).
Sfera protecţiei sociale şi familiei: a) numărul bărbaţilor care au beneficiat de concediu de îngrijire a dependenţilor (copii bolnavi sau cu dizabilităţi, inclusiv bătrîni); b) rata mamelor/taţilor beneficiari de indemnizaţii pentru îngrijirea copilului (pe medii, vîrstă, loc de muncă); c) numărul grădiniţelor comunitare; d) numărul prestatorilor de servicii de îngrijire informală a vîrstnicilor, persoanelor cu dizabilităţi şi altor persoane nevoiaşe pe sexe şi medii; e) acte normative elaborate şi aprobate pentru creşterea statutului prestatorilor de servicii de îngrijire in- formală; f) profesia de prestator de servicii de îngrijire inclusă în nomenclatorul de profesii; g) rata pensionarilor din totalul populaţiei, pe sexe şi medii; h) rata bărbaţi/femei beneficiari de alocaţii sociale pentru persoane vîrstnice comparativ cu rata beneficia- rilor de pensii pentru limită de vîrstă (pe medii, vîrstă); i) pensia medie lunară pe sexe, medii, categorie.
Sfera sănătăţii: a) numărul personalului medical instruit pe marginea aspectelor de gen în domeniul sănătăţii; b) rata persoanelor care fac abuz de alcool, pe sexe, medii şi grupe de vîrstă; c) rata avorturilor pe vîrste şi medii; d) rata avorturilor şi naşterilor la adolescente (15-19 ani); e) rata mortalităţii materne după cauze de deces, pe medii şi grupe de vîrstă; f) ponderea naşterilor asistate de personal medical, pe medii.
Sfera educaţională: a) numărul profesorilor instruiţi privind dimensiunea de gen în procesul educaţional; b) gradul de cuprindere în sistemul educaţional al fetelor şi băieţilor de 3-6 ani; c) rata brută/netă de cuprindere în învăţămîntul primar a fetelor şi băieţilor (7-10 ani); d) rata brută/netă de cuprindere în învăţămîntul gimnazial a fetelor şi băieţilor (11-15 ani); e) numărul profesorilor la toate nivelele de educaţie, pe sexe, medii şi grupe de vîrstă; f) numărul/rata băieţilor/bărbaţilor care activează/studiază în domenii tradiţional dominate de fete/femei; g) numărul/rata fetelor/femeilor care activează/studiază în domenii tradiţional dominate de băieţi/bărbaţi.
Sfera violenţei şi traficului de fiinţe umane: a) numărul de cazuri înregistrate privind violenţa în bază de gen, conform principalelor tipuri de violenţă, pe medii; b) numărul de cazuri de violenţă bazată pe gen soluţionate prin intermediul instanţelor de judecată; c) numărul victimelor care au beneficiat de serviciile prestate în centrele specializate, pe sexe, grupe de vîrstă şi medii; d) numărul victimelor care au beneficiat de servicii medicale, pe grupe de vîrstă, pe sexe şi medii; e) numărul funcţionarilor publici la nivel naţional instruiţi în domeniul dimensiunii de gen pentru preve- nirea şi combaterea violenţei în familie, traficului de fiinţe umane; f) numărul personalului medical instruit să abordeze aspectele de sănătate prin prisma fenomenelor de violenţă;
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g) numărul personalului didactic instruit; h) numărul de cazuri de violenţă identificate în şcoli şi alte instituţii de învăţămînt, pe medii; i) numărul victimelor violenţei identificate în instituţiile de învăţămînt pe sexe, grupe de vîrstă, medii; j) numărul de agresori identificaţi în instituţiile de învăţămînt pe sexe, statut, grupe de vîrstă, medii; k) ponderea bugetului de stat/local alocat pentru prevenirea şi combaterea violenţei în familie, a traficului de fiinţe umane; l) numărul de locuri disponibile în centrele de plasament pentru victimele violenţei în familie, traficului de fiinţe umane; m) numărul de echipe multidisciplinare teritoriale instruite pentru prevenirea şi combaterea violenţei în familie, traficului de fiinţe umane prin prisma de gen; n) numărul de ONG finanţate din bugetul de stat, bugetul unităţilor administrativ teritoriale, în scopul pre- venirii violenţei şi a traficului de fiinţe umane.
Sfera creşterii nivelului de conştientizare publică: a) numărul organizaţiilor media care au adoptat Codul de conduită sensibil la dimensiunea de gen ori nor- me similare în acest context; b) majorat numărul imaginilor pozitive a femeilor în domeniul public în mijloacele scrise de informare în masă; c) reduse cazurile de victimizare a femeilor în presă şi alte mijloace de informare în masă; d) numărul femeilor care fac apel la procedurile şi normele de remediere a cazurilor de violare a drepturilor lor la nivel naţional şi internaţional.
IX. OPORTUNITĂŢI ŞI CONSTRÎNGERI
Oportunităţi 64. În urma implementării prezentului Program naţional vor fi obţinute următoarele avantaje: a) existenta unui cadru normativ cu privire la egalitatea de gen racordat la exigenţele contemporane ale societăţii moldoveneşti şi ale comunităţii internaţionale; b) politici coerente pentru asigurarea integrării europene; c) loialitate faţă de schimbările radicale în domeniul egalităţii de gen; d) implicarea comunităţii în realizarea Programului naţional; e) crearea mecanismelor manageriale pentru implementarea Programului naţional; f) elaborarea planurilor de acţiuni de implementare a Programului naţional, cu acoperire financiară şi divi- zarea clară a responsabilităţilor între parteneri. Constrîngeri 65. Realizarea Programului naţional poate fi condiţionată şi de unele riscuri atît de ordin social-economic, cît şi managerial: a) condiţiile social-economice nefavorabile ar putea bloca acţiunile de implementare a Programului naţional; b) factorii manageriali ar putea fi pregătiţi insuficient pentru promovarea şi implementarea Programului naţional; c) persistenţa prejudecăţilor şi stereotipurilor de gen în societate limitează manifestarea femeilor în viaţa publică, iar a bărbaţilor în viaţa privată, de familie; d) calitatea procesului de promovare a egalităţii de gen, scontată de Programul naţional, ar putea fi periclitată de pregătirea, motivarea profesională şi materială neadecvată şi fluctuaţia specialiştilor; e) rezistenţa la schimbare a unor specialişti şi funcţionari publici care deţin funcţii de demnitate publică ar putea determina promovarea unei atitudini indiferente şi dezaprobante faţă de realizarea Programului naţional; f) insuficienţa de date statistice şi studii aprofundate în domeniile menţionate, care să identifice în pro- funzime problemele reale ce ţin de egalitatea de gen, ar putea limita conştientizarea necesităţilor de realizare a Programului naţional.
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X. PROCEDURILE DE RAPORTARE ŞI MONITORIZARE
66. Monitorizarea şi evaluarea implementării Programului naţional este pusă în sarcina Ministerului Mun- cii, Protecţiei Sociale şi Familiei. Autorităţile administraţiei publice locale vor monitoriza şi vor raporta Minis- terului Muncii, Protecţiei Sociale şi Familiei despre acţiunile întreprinse la nivel local în vederea implementării prezentului Program naţional. 67. Monitorizarea şi evaluarea implementării prezentului Program naţional în fiecare domeniu se vor re- aliza în concordantă cu Legea nr.5-XVI din 9 februarie 2006 cu privire la asigurarea egalităţii de şanse între femei şi bărbaţi, mecanismul de raportare asupra CEDAW, în coerenţă cu indicatorii Obiectivelor de Dezvoltare ale Mileniului, Strategiei Naţionale de Dezvoltare şi setului armonizat de indicatori de dezvoltare sensibili la dimensiunea de gen în contextul Obiectivelor de Dezvoltare ale Mileniului. Drept structură instituţională rele- vantă se prezintă Comisia Guvernamentală pentru egalitate între femei şi bărbaţi. 68. Activităţile de monitorizare a prezentului Program naţional vor avea un caracter continuu, fiind desfă- şurate pe toată perioada de implementare şi vor include atît colectarea, prelucrarea şi analiza datelor de moni- torizare, identificare a erorilor sau efectelor neprevăzute, cît şi propunerea eventualelor ajustări în măsurile şi activităţile planificate. Monitorizarea se va efectua în baza indicatorilor de progres şi indicatorilor de rezultate, care vor permite de a urmări şi evalua în dinamică realizarea obiectivelor generale stipulate în Programul naţi- onal şi realizarea scopului final. 69. Activitatea de evaluare a prezentului Program naţional va avea un caracter sistematic, fiind desfăşurată pe toată perioada de implementare şi va include elaborarea, în baza indicatorilor de progres, a rapoartelor anu- ale şi a raportului final de evaluare asupra implementării acestuia. 70. În scopul asigurării transparenţei proceselor de implementare a prezentului Program naţional, rapoar- tele anuale de evaluare, precum şi raportul final de evaluare vor fi publicate pe pagina virtuală a Ministerului Muncii, Protecţiei Sociale şi Familiei. 71. Ministerul Muncii, Protecţiei Sociale şi Familiei va asigura mediatizarea Programului naţional pentru publicul larg, precum şi diseminarea informaţiilor relevante partenerilor din ţară şi de peste hotare.
209 Anexa nr.2
210 la Hotărîrea Guvernului nr.933 din 31 decembrie 2009
PLANUL DE ACŢIUNI pentru implementarea, în perioada 2010-2012, a Programului naţional de asigurare a egalităţii de gen pe anii 2010-2015 Terme- Costuri* Nr. ne de Obiective Acţiuni Responsabili Parteneri Indicator al progresului d/o imple- 2010 2011 2012 mentare 1 2 3 4 5 6 7 8 9 10 1. OCUPAREA FORŢEI DE MUNCĂ ŞI MIGRAŢIA 1.1. Creşterea angajă- 1.1.1. Integrarea dimensiunii de gen 2010- Ministerul Muncii, Ministerul Economiei, Amendamentele aprobate la rii în rîndul feme- în Codul muncii, planurile anuale din 2011 Protecţiei Sociale şi Confederaţia Naţională a Codul muncii, dimensiunea Traficul de fiinţe umane şi egalitatea genurilor în Moldova
ilor şi reducerea domeniul ocupării forţei de muncă, în Familiei (Agenţia Sindicatelor, Confederaţia de gen integrată în alte docu- discrepanţei sa- actele normative privind protecţia mun- Naţională pentru Naţională a Patronatului, mente de politici în domeniul lariale în funcţie cii şi condiţiile de muncă Ocuparea Forţei de organizaţiile societăţii civile, ocupării forţei de muncă de gen Muncă) Biroul Internaţional al Mun- cii, Fondul Naţiunilor Unite de Dezvoltare pentru Femei 1.1.2. Monitorizarea gradului de imple- 2011 Ministerul Muncii, Ministerul Economiei, or- Subpriorităţi ale Strategiei mentare a Strategiei naţionale de dez- Protecţiei Sociale şi ganizaţiile societăţii civile,naţionale de dezvoltare în voltare în domeniul ocupării forţei de Familiei organizaţiile internaţionale domeniul ocupării forţei de muncă prin prisma dimensiunii de gen muncă monitorizate prin prisma de gen 1.1.3. Elaborarea standardelor în dome- 2011- Ministerul Econo- Instituţiile private, organi- Standarde privind egalitatea niul egalităţii de gen pentru promovarea 2012 miei, Ministerul zaţiile societăţii civile de gen în procesul decizional participării egale a femeilor în procesul Muncii, Protecţiei economic elaborate de luare a deciziilor economice şi reco- Sociale şi Familiei Numărul instituţiilor econo- mandarea acestora instituţiilor politice, mice, politice şi financiare economice şi financiare care au adoptat standarde privind egalitatea de gen 1.1.4. Promovarea profesiilor “ne-tradi- 2011- Ministerul Econo- Confederaţia Naţională a Numărul agenţiilor teritoriale ţionale” pentru femei şi bărbaţi pe piaţa 2012 miei, Ministerul Sindicatelor, Confederaţia de ocupare a forţei de muncă muncii cu scopul redresării segregării Educaţiei, Mi- Naţională a Patronatului, care pilotează mecanismul de ocupaţionale bazate pe gen nisterul Muncii, organizaţiile societăţii ci- promovare a profesiilor “ne- Protecţiei Sociale şi vile, Biroul Internaţional al tradiţionale” Familiei, Ministerul Muncii, autorităţile admi- Culturii nistraţiei publice locale 1.1.5. Organizarea campaniilor de infor- 2010- Ministerul Econo- Mass-media, Fondul Naţi- Numărul campaniilor de mare şi conştientizare pentru publicul 2012 miei, Ministerul unilor Unite de Dezvoltare informare a populaţiei larg, în particular in zonele rurale, Muncii, Protecţiei pentru Femei, Biroul Inter- Numărul raioanelor /locali- privind dreptul femeilor şi bărbaţilor Sociale şi Familiei naţional al Muncii, organi- tăţilor care au beneficiat de la tratament egal pe piaţa muncii şi în zaţiile societăţii civile campanii de informare viaţa economică 1.1.6. Încurajarea participării femeilor 2010- Ministerul Muncii, Mass-media, organizaţiile Rata de ocupare a femeilor pe piaţa muncii prin reducerea discri- 2012 Protecţiei Sociale şi societăţii civile Rata şomajului în rîndul minării de gen, ratei şomajului şi creşte- Familiei (Agenţia femeilor rii ratei de ocupare în rîndul femeilor Naţională pentru Ocuparea Forţei de Muncă), Ministerul Educaţiei, autorită- ţile administraţiei publice locale 1.1.7. Realizarea studiului situaţional al 2009- Ministerul Muncii, Biroul Naţional de Statistică, Analize efectuate cu accent statutului femeii pe piaţa muncii la nivel 2010 Protecţiei Sociale şi organizaţiile de cercetare, pe situaţia în zonele rurale rural Familiei, Ministerul organizaţiile societăţii civile, Economiei Fondul Naţiunilor Unite de Dezvoltare pentru Femei, Bi- roul Internaţional al Muncii 1.2. Eliminarea tutu- 1.2.1. Elaborarea şi punerea în aplicare 2010- Ministerul Econo- Organizaţiile internaţionale ror formelor de a măsurilor speciale menite să asigure 2012 miei, Ministerul discriminare pe implementarea deplină a tratatelor in- Muncii, Protecţiei piaţa muncii în ternaţionale relevante, precum Conven- Sociale şi Familiei, bază de gen ţia pentru eliminarea tuturor formelor Ministerul Culturii, de discriminare faţă de femei, Pactul Ministerul Afaceri- internaţional privind drepturile eco- lor Externe şi Inte- nomice, sociale şi culturale, ratificarea grării Europene Convenţiilor Biroului Internaţional al Muncii1) aferente domeniului şi altele vizînd angajarea femeilor 1.2.2. Actualizarea continuă a sistemului 2010- Ministerul Muncii, Autorităţile administraţiei Sistem informaţional auto- informaţional automatizat unic al pieţei 2012 Protecţiei Sociale şi publice locale matizat unic al pieţei muncii muncii, prin prisma dimensiunii de gen Familiei (Agenţia dezagregat în funcţie de sex Naţională pentru Ocuparea Forţei de Muncă), Ministerul Educaţiei, autorită- ţile publice centrale
211 Acte normative actualizate 1.2.3. Implementarea tehnologiilor 2010- Ministerul Muncii, Î.S. “Registru”, Agenţia Sue- Tehnologie on-line
212 on-line în baza de date privind cererea 2012 Protecţiei Sociale şi deză de Cooperare Interna- şi oferta pe piaţa muncii, inclusiv prin Familiei (Agenţia ţională pentru Dezvoltare prisma de gen Naţională pentru Ocuparea Forţei de Muncă), Ministerul Educaţiei, autorită- ţile publice centrale 1.2.4. Realizarea analizei beneficiarilor 2010- Casa Naţională de Fondul Naţiunilor Unite de Efectuate analize prin prisma de concedii de îngrijire a copiilor (pa- 2012 Asigurări Sociale Dezvoltare pentru Femei, de gen a concediilor paren- ternitate) prin prisma de gen organizaţiile societăţii civi- tale le, instituţiile de cercetare 1.2.5. Elaborarea notei de recomandare 2010- Comisia Guver- Confederaţia Naţională a Notă de recomandare ela- privind concediul de paternitate şi dis- 2012 namentală pentru Sindicatelor, Confederaţia borată tribuirea către instituţiile publice şi pri- egalitate între Naţională a Patronatului, Numărul instituţiilor publice vate, în scopul promovării participării femei şi bărbaţi, organizaţiile societăţii şi private care au adoptat şi sporite a bărbaţilor şi taţilor în viaţa de Ministerul Muncii, civile, organizaţiile interna- implementat nota cu privire Traficul de fiinţe umane şi egalitatea genurilor în Moldova
familie/privată Protecţiei Sociale şi ţionale la concediul de paternitate Familiei, Ministerul Economiei 1.2.6. Elaborarea şi implementarea mă- 2010- Ministerul Econo- Confederaţia Naţională a Codul muncii şi alte acte surilor legale de prevenire, combatere 2012 miei, Ministerul Sindicatelor, Confederaţia normative şi juridice relevan- a hărţuirii sexuale şi a altor forme de Muncii, Protecţiei Naţională a Patronatului, te conţin prevederi privind victimizare la locul de muncă în Codul Sociale şi Familiei organizaţiile societăţii hărţuirea sexuală şi alte for- muncii, precum şi în alte acte normative civile, organizaţiile interna- me de victimizare la locul de şi legislative aferente ţionale muncă 1.3. Promovarea abi- 1.3.1. Promovarea proiectelor investiţio- 2010- Ministerul Muncii, Camera de Comerţ şi In- Recomandări pentru promo- litării economice nale, acordarea consultaţiilor financiare 2012 Protecţiei Sociale şi dustrie, băncile comerciale, varea efectivă a antrepreno- a femeilor din şi organizarea cursurilor de instruire şi Familiei (Agenţia Fondul Naţiunilor Unite riatului feminin elaborate şi zonele rurale reprofilare în zonele rurale şi urbane, Naţională pentru de Dezvoltare pentru Fe- promovate precum şi promovarea recomandărilor Ocuparea Forţei de mei, Biroul Internaţional pentru susţinerea antreprenoriatului Muncă), Ministerul al Muncii, organizaţiile în rîndul femeilor în documentele re- Educaţiei, Ministe- internaţionale, organizaţiile levante rul Finanţelor societăţii civile, Fondul de Investiţii Sociale din Moldova, Organizaţia pen- tru dezvoltarea sectorului întreprinderilor mici şi mijlocii 1.4. Integrarea dimen- 1.4.1. Negocierea acordurilor intergu- 2010- Ministerul Muncii, Organizaţia Internaţională Acorduri interguvernamen- siunii de gen în vernamentale în domeniul securităţii 2012 Protecţiei Sociale şi pentru Migraţie, organiza- tale negociate cu cel puţin 4 implementarea sociale Familiei ţiile societăţii civile, Fondul state-membre UE politicilor de ges- Naţiunilor Unite pentru tionare a migraţiei Populaţie, Programul Naţiunilor Unite pentru Dezvoltare 1.4.2. Îmbunătăţirea metodelor de 2010- Ministerul Muncii, Organizaţia Internaţională Metode elaborate şi puse în colectare, analiză şi distribuire a infor- 2012 Protecţiei Sociale şi pentru Migraţie, Organi- aplicare maţiei /statisticilor privind participarea Familiei (Agenţia zaţia pentru Securitate şi în procesul de migraţiune, sensibile la Naţională pentru Cooperare în Europa, Fon- dimensiunea de gen, precum şi utiliza- Ocuparea Forţei dul Naţiunilor Unite pen- rea acestei informaţii pentru elaborarea de Muncă), Biroul tru Populaţie, Programul politicilor/căilor de intervenţie, pentru a Naţional de Sta- Naţiunilor Unite pentru reduce impactul negativ al migraţiei tistică, Ministerul Dezvoltare Afacerilor Interne, Serviciul Grăniceri 2. BUGETAREA SENSIBILĂ LA DIMENSIUNEA DE GEN 2.1. Elaborarea con- 2.1.1. Elaborarea conceptului /viziunii 2012 Comisia Guver- Banca Mondială, Agenţia Conceptul /viziunea privind ceptului /viziunii privind bugetarea sensibilă la dimensi- namentală pentru Suedeză de Cooperare bugetarea sensibilă la gen sînt bugetării sensibile unea de gen egalitate între femei Internaţională pentru Dez- elaborate la dimensiunea de şi bărbaţi, Minis- voltare, Fondul Naţiunilor gen (BSG) în con- terul Finanţelor, Unite de Dezvoltare pentru textul Republicii Ministerul Muncii, Femei, universităţile de Moldova Protecţiei Sociale şi profil, instituţiile de cerce- Familiei, Ministerul tare ştiinţifică Sănătăţii, Ministerul Educaţiei 2.1.2. Integrarea cursului de bugetare 2010 Academia de Studii Ministerul Muncii, Pro- Curriculumul cursului imple- sensibilă la dimensiunea de gen la nive- Economice din tecţiei Sociale şi Familiei, mentat în cel puţin o institu- lul educaţiei postuniversitare Moldova Banca Mondială, Agenţia ţie de învăţămînt superior Suedeză de Cooperare Internaţională pentru Dez- voltare, Fondul Naţiunilor Unite de Dezvoltare pentru Femei, Academia de Ad- ministrare Publică pe lîngă Preşedintele Republicii Moldova
213 Acte normative actualizate 2.1.3. Elaborarea şi organizarea cursu- 2010 Academia de Ministerul Finanţelor, Mi- Cursuri de vară privind Surse
214 rilor (de vară) pentru oficialii ministe- Studii Economi- nisterul Economiei, Minis- bugetarea sensibilă la gen externe relor cheie privind bugetele sensibile la ce din Moldova, terul Educaţiei, Ministerul elaborate de dimensiunea de gen Ministerul Muncii, Sănătăţii, Departamentul Numărul funcţionarilor finan- Protecţiei Sociale şi pentru Dezvoltare Interna- publici instruiţi la cursurile ţare Familiei ţională al Guvernului Rega- de vară tului Unit, Banca Mondială, Agenţia Suedeză de Coope- rare Internaţională pentru Dezvoltare, Fondul Naţiu- nilor Unite de Dezvoltare pentru Femei, Academia de Administrare Publică pe lîngă Preşedintele Republi- cii Moldova 2.2. Promovarea ela- 2.2.1. Analiza procesului bugetar prin 2010- Ministerul Muncii, Banca Mondială, Agenţia Numărul proceselor bugetare borării bugetului prisma dimensiunii de gen a domeniilor 2011 Protecţiei Sociale şi Suedeză de Cooperare în domeniile prioritare ale Traficul de fiinţe umane şi egalitatea genurilor în Moldova
sensibil la dimen- prioritare în cadrul Strategiei naţionale Familiei Internaţională pentru Dez- Strategiei naţionale de dez- siunea de gen în de dezvoltare voltare, Ministerul Econo- voltare revizuite prin prisma procesul bugetar miei, Ministerul Finanţelor, de gen la nivel naţional Ministerul Educaţiei, Mi- şi local nisterul Sănătăţii 3. PARTICIPAREA FEMEILOR LA PROCESUL DECIZIONAL 3.1. Creşterea repre- 3.1.1 Elaborarea şi implementarea mă- 2010- Ministerul Muncii, organizaţiile internaţionale, zentării femeilor surilor speciale de asigurare a realizării 2012 Protecţiei Sociale şi organizaţiile societăţii civile în poziţiile deci- prevederilor tratatelor şi instrumentelor Familiei, Ministerul zionale în viaţa legale internaţionale în special luînd Afacerilor Externe politică şi publică în consideraţie prevederile Convenţiei şi Integrării Euro- pentru eliminarea tuturor formelor de pene discriminare faţă de femei, Recoman- dării Generale a Comitetului pentru eliminarea discriminării faţă de femei, Convenţiei internaţionale privind drep- turile politice şi civile2) 3.1.2. Elaborarea notei de recomandare 2010 Comisia Guverna- Fondul Naţiunilor Unite de Notă de recomandare ela- ce vizează participarea echilibrată a mentală pentru ega- Dezvoltare pentru Femei, borată femeilor şi bărbaţilor în funcţiile de litate între femei şi organizaţiile internaţionale, Numărul organizaţiilor (in- demnitate publică, organizaţiile societă- bărbaţi, Ministerul organizaţiile societăţii civi- stituţii ale sectorului privat ţii civile, organizaţiile sectorului privat, Muncii, Protecţiei le, mass-media şi politic) care au adoptat şi partidele politice şi diseminarea acesteia Sociale şi Familiei utilizează nota cu privire la pentru aplicare ulterioară participarea femeilor 3.1.3. Realizarea/susţinerea cercetărilor 2010- Comisia Guverna- Organizaţiile societăţii civi- Statutul participării femeilor şi studiilor analitice privind reprezenta- 2012 mentală pentru ega- le, organizaţiile internaţio- în procesul decizional este rea femeilor în diferite funcţii decizio- litate între femei şi nale, instituţiile academice analizat, obstacole definite şi nale în organizaţii3), inclusiv identifica- bărbaţi, Ministerul şi mass-media recomandări prezentate fac- rea obstacolelor întîlnite şi strategiilor Muncii, Protecţiei torilor de decizie relevanţi necesare pentru depăşirea acestora; Sociale şi Familiei 3.1.4. Monitorizarea respectării de către 2010- Ministerul Justiţiei Ministerul Muncii, Pro- Numărul partidelor politice partidele politice a prevederilor Legii 2012 tecţiei Sociale şi Familiei, monitorizate nr.5-XVI din 9 februarie 2006 cu privire organizaţiile internaţionale, la egalitatea de şanse între femei şi băr- organizaţiile societăţii civile baţi, precum şi a statutelor privind par- ticiparea echilibrată a femeilor şi bărba- ţilor în poziţiile decizionale politice 3.1.5. Colectarea, analizarea şi distri- 2010- Comisia Electorală Organizaţiile societăţii ci- Date statistice dezagregate în buirea datelor statistice dezagregate în 2012 Centrală, Biroul Na- vile, instituţiile academice, funcţie de sex privind parti- funcţie de sex privind participarea feme- ţional de Statistică, autorităţile administraţiei ciparea femeilor şi bărbaţilor ilor şi bărbaţilor în organele decizionale, Cancelaria de Stat publice locale în procesul decizional sînt inclusiv alese şi numite, la toate nivelele, (direcţia politica de publicate şi diseminate cu inclusiv organele de conducere ale insti- cadre) regularitate tuţiilor politice şi administrative, precum şi ale organizaţiilor societăţii civile4) 4. PROTECŢIA SOCIALĂ ŞI FAMILIA 4.1. Creşterea impor- 4.1.1 Elaborarea şi implementarea 2010- Ministerul Muncii, Ministerul Afacerilor Iniţiat procesul de ratificare tanţei maternităţii măsurilor speciale de asigurare a imple- 2012 Protecţiei Sociale şi Externe şi Integrării Euro- a tratatelor internaţionale şi paternităţii şi mentării depline a tratatelor internaţi- Familiei, (Agenţia pene, Ministerul Culturii, relevante promovarea re- onale relevante, în special, Convenţiei Naţională pentru organizaţiile internaţionale partizării egale a pentru eliminarea tuturor formelor de Ocuparea Forţei de responsabilităţilor discriminare faţă de femei, ratificarea Muncă), Ministerul familiale de către Convenţiei relevante a Organizaţiei Economiei bărbaţi şi femei Internaţionale a Muncii şi articolelor Cartei Sociale Europene revizuite5) 4.1.2. Implementarea sistemului integrat 2010- Ministerul Muncii, Autorităţile administraţiei Servicii sociale integrate dez- de servicii sociale pentru persoanele 2012 Protecţiei Sociale şi publice locale, organizaţiile voltate în comunităţi, la nivel aflate în situaţii de criză (copii, bătrîni, Familiei societăţii civile, organizaţii- raional şi naţional, reieşind invalizi etc.), reieşind din gama proble- le internaţionale din gama problemelor de gen melor de gen din domeniul social 4.1.3. Organizarea campaniilor de in- 2010- Ministerul Muncii, Autorităţile administraţiei Numărul de campanii orga- formare la nivel naţional şi local pentru 2012 Protecţiei Sociale şi publice locale, organizaţiile nizate promovarea taţilor-model în contextul Familiei societăţii civile, organizaţii- asigurării responsabilităţilor egale între le internaţionale părinţi în cadrul familiei
215 Acte normative actualizate 4.1.4. Susţinerea iniţiativelor comunitare 2010- Ministerul Edu- Ministerul Muncii, Protecţiei Numărul de instituţii preşco-
216 în crearea instituţiilor preşcolare în baza 2011 caţiei Sociale şi Familiei, Progra- lare-pilot create şi funcţionale proiectelor-pilot prin implementarea mul Naţiunilor Unite pentru noilor mecanisme de control şi respon- Dezvoltare, Fondul Naţiuni- sabilizare privind activitatea acestora de lor Unite de Dezvoltare pen- către asociaţiile părinteşti din comuni- tru Femei, Agenţia Suedeză tăţile respective de Cooperare Internaţională pentru Dezvoltare 4.1.5. Realizarea cercetării privind utili- 2010- Biroul Naţional de Ministerul Economiei, Rezultatele studiului privind 200000 zarea timpului de către bărbaţi şi femei 2012 Statistică Ministerul Muncii, Pro- utilizarea timpului prezentate în mediul familial, inclusiv de către fa- tecţiei Sociale şi Familiei, factorilor de decizie miliile afectate de fenomenul migraţiei Ministerul Sănătăţii, de muncă Ministerul Educaţiei, Mi- nisterul Afacerilor Interne, organizaţiile societăţii ci- vile, Programul Naţiunilor Unite pentru Dezvoltare, Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Fondul Naţiunilor Unite de Dezvoltare pentru Femei, Fondul Naţiunilor Unite pentru Populaţie, Agenţia Suedeză de Cooperare Internaţională pentru Dezvoltare, Departamentul pentru Dezvoltare Inter- naţională al Guvernului Regatului Unit 4.2. Îmbunătăţirea 4.2.1. Elaborarea şi implementarea măsu- 2010- Ministerul Muncii, Ministerul Sănătăţii, Con- protecţiei sociale rilor speciale de asigurare a implementării 2012 Protecţiei Sociale şi federaţia Naţională a Sin- a femeilor în cali- depline a tratatelor internaţionale, luînd în Familiei, Ministerul dicatelor tate de prestatori considerare, în special, prevederile Con- Economiei, Mi- de servicii de în- venţiei pentru eliminarea tuturor formelor nisterul Afacerilor grijire informală de discriminare faţă de femei, Convenţiei Externe şi Integrării la domiciliu internaţionale privind drepturile econo- Europene mice, sociale şi culturale, Convenţiei Biro- ului Internaţional al Muncii, Carta Socială Europeană revizuită6) 4.2.2. Elaborarea propunerilor de modi- 2010- Ministerul Muncii, Autorităţile administraţiei Numărul prestatorilor de ficare a Legii cu privire la asistenţa so- 2011 Protecţiei Sociale şi publice locale, Confederaţia servicii îngrijire informală la cială, pentru a include prevederi vizînd Familiei Naţională a Sindicatelor domiciliu cu statut oficial, în oficializarea serviciilor prestatorilor de special femei îngrijire informală la domiciliu 4.2.3. Direcţionarea prestaţiilor sociale 2010- Ministerul Muncii, Autorităţile administraţiei Numărul familiilor vulnera- către segmentele vulnerabile ale po- 2012 Protecţiei Sociale şi publice locale bile conduse de femei – bene- pulaţiei luînd în considerare veniturile Familiei ficiari ai ajutorului social acesteia, şi aspectele de gen 4.3. Reducerea dife- 4.3.1. Examinarea impactului majorării 2010- Ministerul Muncii, Confederaţia Naţională a Elaborate recomandări pri- renţei în cuantu- vîrstei de pensionare a femeilor asupra 2011 Protecţiei Sociale şi Sindicatelor, Confederaţia vind posibilitatea majorării mul pensiei feme- situaţiei economice a acestora, precum Familiei Naţională a Patronatului, vîrstei de pensioare a feme- ilor şi bărbaţilor şi asupra sistemului de pensionare în organizaţiile societăţii ilor general civile, organizaţiile interna- ţionale 5. OCROTIREA SĂNĂTĂŢII 5.1. Integrarea dimen- 5.1.1. Elaborarea şi implementarea mă- 2010- Ministerul Sănătăţii, Ministerul Muncii, Protec- siunii de gen în surilor speciale de asigurare a implemen- 2012 Ministerul Afaceri- ţiei Sociale şi Familiei, Mi- politicile din sec- tării depline a tratelor internaţionale, în lor Externe şi Inte- nisterul Educaţiei, Ministe- torul sănătăţii special, luînd în considerare Convenţia grării Europene rul Afacerilor Interne pentru eliminarea tuturor formelor de discriminare faţă de femei, Recomanda- rea Generală a Comitetului pentru elimi- narea discriminării faţă de femei, Pactul internaţional cu privire la drepturile economice, sociale şi culturale şi Carta Socială Europeană revizuită7) 5.1.2. Elaborarea instrucţiunilor me- 2011 Ministerul Sănătăţii, Organizaţia Mondială a Cadru metodologic de in- Surse todice şi standardelor de cunoştinţe şi Ministerul Muncii, Sănătăţii, instituţiile aca- struire elaborat şi aprobat externe aptitudini practice în domeniul sănătăţii Protecţiei Sociale şi demice, organizaţiile so- de fi- prin prisma dimensiunii de gen Familiei cietăţii civile, organizaţiile nanţare internaţionale 5.1.3. Consolidarea capacităţilor lucră- 2010- Ministerul Sănătăţii Fondul Naţiunilor Unite Numărul lucrătorilor medi- Surse torilor medicali – membri ai echipelor 2012 pentru Populaţie, Progra- cali instruiţi externe multidisciplinare raionale în contextul mul Naţiunilor Unite pen- de fi- dimensiunii de gen, în aspectele de să- tru Dezvoltare, Organizaţia nanţare nătate aferente violenţei, infecţiei HIV, Internaţională pentru Mi- cu scopul prestării serviciilor medicale graţie, Organizaţia pentru calitative Securitate şi Cooperare în Europa, Programul Naţiuni- lor Unite pentru HIV/SIDA 5.1.4. Colectarea, analizarea şi utilizarea 2010- Ministerul Sănătăţii, Organizaţiile internaţiona- Politici şi planuri care ţin datelor statistice dezagregate în funcţie 2011 Biroul Naţional de le, organizaţiile societăţii cont de dimensiunea de gen de sex, precum şi a rezultatelor studiilor Statistică civile, autorităţile adminis- în domeniul sănătăţii realizate prin prisma de gen în procesul traţiei publice locale de planificare şi implementare a politici- lor sectoriale
217 Acte normative actualizate 5.2. Reducerea discre- 5.2.1. Identificarea factorilor cauzali de 2010 Ministerul Sănătăţii, Organizaţiile internaţiona- Recomandări elaborate pentru Surse
218 panţei de gen în creştere a discrepanţei în speranţa de Ministerul Edu- le, organizaţiile societăţii reducerea discrepanţei de gen externe speranţa de viaţă viaţă la naştere a femeilor şi bărbaţilor caţiei, Ministerul civile, centrele de cercetare în speranţa de viaţă la naşte- de la naştere a femei- în baza studiilor din perspectiva de gen Muncii, Protecţiei re a femeilor şi bărbaţilor şi finan- lor şi bărbaţilor (un studiu specific pe acest subiect va Sociale şi Familiei, transmise factorilor de decizie ţare viza aspectul vulnerabilităţii femeilor Ministerul Econo- relevanţi. din Republica Moldova la infecţia HIV) miei Studiu realizat cu suportul asistenţei externe 5.2.2. Identificarea măsurilor pentru 2011 Ministerul Sănătăţii, Organizaţiile internaţiona- Măsuri identificate şi ajustate Surse reducerea factorilor cauzali de creştere a Ministerul Edu- le, organizaţiile societăţii la politicile şi planurile sec- externe discrepanţei în speranţa de viaţă a feme- caţiei, Ministerul civile, centrele de cercetare toriale de ilor şi bărbaţilor Muncii, Protecţiei finan- Sociale şi Familiei ţare 5.2.3. Ameliorarea sănătăţii mintale şi fi- 2010- Ministerul Sănătăţii, Fondul Naţiunilor Unite Numărul de persoane aflate zice, în scopul prevenirii comportamen- 2012 autorităţile admi- pentru Populaţie, Organi- în supraveghere medicală telor riscante pentru sănătate (suicid, nistraţiei publice zaţia Mondială a Sănătăţii, (consum abuziv de alcool, consum abuziv de alcool, droguri) prin locale organizaţiile societăţii civile droguri) Traficul de fiinţe umane şi egalitatea genurilor în Moldova
aplicarea tratamentelor eficiente Numărul de persoane incluse în tratament 5.2.4. Organizarea campaniilor de infor- 2010- Ministerul Sănătăţii, Ministerul Muncii, Pro- Numărul spoturilor TV, cam- Surse mare a populaţiei privind factorii care 2011 Ministerul Educaţi- tecţiei Sociale şi Familiei, paniilor media organizate externe influenţează creşterea discrepanţei în ei, Ministerul Aface- organizaţiile internaţionale, Numărul localităţilor /raioa- de speranţa de viaţă a femeilor şi bărbaţilor, rilor Interne, Minis- organizaţiile societăţii civi- nelor cuprinse finan- cum ar fi traumatismele şi accidentele terul Transporturi- le, mass-media ţare lor şi Infrastructurii Drumurilor 5.3. Reducerea facto- 5.3.1. Dezvoltarea şi prestarea serviciilor 2010- Ministerul Sănătăţii Organizaţia Mondială a Să- Numărul comunităţilor ce rilor socio-eco- de sănătate reproductivă femeilor şi băr- 2012 nătăţii, Fondul Naţiunilor beneficiază de serviciile de nomici ce favori- baţilor, în special a tinerilor, la nivelul Unite pentru Populaţie sănătate a reproducerii în zează mortalitatea de asistenţă medicală primară, inclusiv sistemul de asistenţă medica- maternă, în spe- instruirea personalului medical şi ela- lă primară cial în rîndul fe- borarea instrucţiunilor şi standardelor Numărul femeilor şi bărbaţi- meilor din zonele corespunzătoare lor care au beneficiat de ser- rurale vicii de sănătate al reprodu- cerii în sistemul de asistenţă medicală primară 5.3.2. Asigurarea disponibilităţii, accepta- 2010- Ministerul Sănătăţii Organizaţia Mondială a Să- Rata femeilor şi bărbaţilor bilităţii şi utilizării mijloacelor moderne 2012 nătăţii, Fondul Naţiunilor care utilizează mijloace mo- de control al fertilităţii de către femei şi Unite pentru Populaţie derne de control al sarcinii bărbaţi, în special în zonele rurale, cu scopul eliminării cazurilor de avort ca mijloc de control al fertilităţii 5.3.3. Informarea populaţiei privind plani- 2010- Ministerul Sănătăţii Fondul Naţiunilor Unite Publicul este informat despre ficarea familială şi sănătatea reproductivă 2012 pentru Populaţie, mass-me- aspectul de gen al planificării prin prisma de gen, inclusiv promovarea dia, Programul Naţiunilor familiale şi a sănătăţii repro- principiului nondiscriminatoriu asupra Unite pentru HIV/SIDA ductive persoanelor care trăiesc cu HIV 5.3.4. Promovarea în societate a unui 2010- Ministerul Sănătăţii, Fondul Naţiunilor Unite Numărul de activităţi desfă- Surse mod sănătos de viaţă, inclusiv în rîndu- 2012 Ministerul Edu- pentru Populaţie, Fondul şurate externe rile adolescenţilor şi tinerilor, prin pris- caţiei Naţiunilor Unite pentru de ma Programului naţional de promovare Copii, organizaţiile societă- finan- a modului sănătos de viaţă pentru anii ţii civile ţare 2007-2015 6. EDUCAŢIE 6.1. Integrarea dimen- 6.1.1. Implementarea recomandărilor Ministerul Educaţi- Ministerul Muncii, Pro- siunii egalităţii de tratatelor internaţionale relevante, cu ei, Ministerul Afa- tecţiei Sociale şi Familiei, gen în politicile preponderenţă Convenţiei pentru elimi- cerilor Externe şi Ministerul Educaţiei educaţionale şi în narea tuturor formelor de discriminare Integrării Europene procesul educa- faţă de femei, Pactului internaţional ţional privind drepturile economice, sociale şi culturale, Curtea europeană pentru drepturile omului şi Carta Socială Euro- peană revizuită în strategiile şi planurile naţionale din sectorul educaţional 6.1.2. Revizuirea curriculum-ului naţio- 2011- Ministerul Edu- Organizaţiile societăţii civi- Recomandări elaborate şi nal din perspectiva dimensiunii de gen 2012 caţiei le, mediul academic, orga- integrate în politicile şi pla- nizaţiile internaţionale nurile educaţionale 6.1.3. Reflectarea dimensiunii de gen în 2011- Ministerul Edu- Organizaţiile societăţii civi- Recomandări elaborate şi conţinutul manualelor şcolare 2012 caţiei le, mediul academic, orga- integrate în politicile şi pla- nizaţiile internaţionale nurile educaţionale 6.1.4. Integrarea perspectivei de gen în 2011- Ministerul Educaţi- Instituţii de învăţămînt, Amendamente sensibile la programele de formare iniţială şi conti- 2012 ei, Institutul de Şti- Fondul Naţiunilor Unite dimensiunea de gen aprobate nuă a profesorilor în contextul dreptu- inţe ale Educaţiei pentru Copii, Ministerul de către Ministerul Educaţiei rilor omului Muncii, Protecţiei Sociale şi Familiei, organizaţiile soci- etăţii civile 6.1.5. Asigurarea accesului fetelor şi 2011- Ministerul Edu- Fondul Naţiunilor Unite Numărul de fete şi băieţi care băieţilor la diferite servicii şi privilegii, 2012 caţiei pentru Copii, Ministerul beneficiază de granturi şi inclusiv granturi şi burse de studii pe Muncii, Protecţiei Sociale şi burse de studii bază de egalitate Familiei, organizaţiile soci- etăţii civile
219 Acte normative actualizate 6.2. Reducerea femi- 6.2.1. Promovarea dimensiunii de gen 2011- Ministerul Edu- Fondul Naţiunilor Unite Rata femeilor şi bărbaţilor –
220 nizării sistemului în dezvoltarea resurselor umane la toate 2012 caţiei pentru Copii, organizaţiile profesori la diferite nivele ale educaţional în nivelele de educaţie, în baza studiilor şi societăţii civile, instituţiile sistemului de învăţămînt Republica Mol- practicilor internaţionale de învăţămînt dova 6.2.2. Încurajarea fetelor şi băieţilor 2011- Ministerul Edu- Ministerul Muncii, Pro- Numărul fetelor şi băieţilor pentru înmatricularea în domenii mai 2012 caţiei tecţiei Sociale şi Familiei înmatriculaţi în domenii con- puţin tradiţionale din punct de vedere (Agenţia Naţională pentru siderate netradiţionale din al genului, prin intermediul instruirilor Ocuparea Forţei de Mun- punct de vedere al genului vocaţionale că), organizaţiile internaţio- nale, organizaţiile societăţii civile 7. COMBATEREA VIOLENŢEI ŞI TRAFICULUI DE FIINŢE UMANE 7.1. Anihilarea violen- 7.1.1. Elaborarea şi implementarea 2010- Ministerul Afa- Organizaţiile internaţiona- ţei în familie şi în măsurilor speciale de asigurare a imple- 2012 cerilor Interne, le, autorităţile administraţi- bază de gen, pre- mentării depline a tratatelor internaţio- Ministerul Muncii, ei publice locale, organiza- cum şi a traficului nale relevate, ţinînd, în special, cont de Protecţiei Sociale şi ţiile societăţii civile de fiinţe umane, prevederile Convenţiei pentru elimi- Familiei, Ministerul Traficul de fiinţe umane şi egalitatea genurilor în Moldova
în particular cu narea tuturor formelor de discriminare Sănătăţii, Ministe- femei şi fete faţă de femei, Carta Socială Europeană rul Educaţiei, Mi- Revizuită8) nisterul Afacerilor Externe şi Integrării Europene 7.1.2. Integrarea dimensiunii de gen în 2011- Ministerul Muncii, Programul Naţiunilor Măsuri preventive care vizea- măsurile de prevenire (de ordin legal, 2012 Protecţiei Sociale şi Unite pentru Dezvoltare, ză femeile şi fetele politic, social, educaţional şi cultural), Familiei, Ministerul Fondul Naţiunilor Unite în special a celor ce vizează potenţialele Afacerilor Interne, pentru Populaţie, Orga- victime, în particular femei şi fete, pre- Ministerul Edu- nizaţia pentru Securitate cum şi potenţialii agresori caţiei, Ministerul şi Cooperare în Europa, Sănătăţii, autorită- Organizaţia Internaţională ţile administraţiei pentru Migraţie publice locale 7.1.3. Considerarea /integrarea dimensi- 2010- Ministerul Muncii, Organizaţia Internaţională Numărul de acte normative unii de gen în actele normative şi admi- 2012 Protecţiei Sociale şi pentru Migraţie, Fondul şi politici ce includ principiile nistrative cheie, precum şi în politicile Familiei, Ministerul Naţiunilor Unite pentru egalităţii de gen privind prevenirea, protecţia şi reabilita- Sănătăţii, Ministerul Populaţie, Programul Na- rea victimelor fenomenelor de trafic de Afacerilor Interne ţiunilor Unite pentru Dez- fiinţe umane şi violenţă în familie, inclu- voltare, Organizaţia pentru siv urmărirea penală a agresorilor Securitate şi Cooperare în Europa 7.1.4 Dezvoltarea serviciilor pentru vic- 2010- Autorităţile admi- Ministerul Afacerilor In- Numărul de servicii speci- timele violenţei (inclusiv trafic de fiinţe 2012 nistraţiei publice terne, Ministerul Educaţiei, alizate pentru femei şi fete umane), în special femei şi fete locale Ministerul Muncii, Protec- disponibile ţiei Sociale şi Familiei, Mi- Numărul femeilor şi fetelor – nisterul Sănătăţii, Organi- beneficiare ale acestor servicii zaţia Internaţională pentru Migraţie, Fondul Naţiunilor Unite pentru Populaţie, Programul Naţiunilor Uni- te pentru Dezvoltare 7.1.5. Elaborarea şi pilotarea progra- 2010- Ministerul Muncii, Fondul Naţiunilor Unite Programe educaţionale ela- melor educaţionale şi cursurilor de 2012 Protecţiei Sociale şi pentru Populaţie, Organi- borate instruire pentru specialiştii implicaţi în Familiei, Ministerul zaţia Internaţională pentru Numărul de instruiri reali- intervenţia cu victimele violenţei la ni- Afacerilor Interne, Migraţie, Organizaţia zate vel naţional (judiciar, sănătate, educaţie, Ministerul Sănătăţii, pentru Securitate şi Coope- asistenţă socială, poliţie etc.), în baza Ministerul Educaţi- rare în Europa, Programul perspectivei de gen ei, Consiliul Superi- Naţiunilor Unite pentru or al Magistraturii Dezvoltare, autorităţile ad- ministraţiei publice locale, organizaţiile societăţii civile 7.1.6. Realizarea unui studiu privind 2011- Ministerul Muncii, Organizaţia pentru Se- Recomandări în baza stu- prevalenţa, cauzele şi consecinţele dife- 2012 Protecţiei Sociale şi curitate şi Cooperare în diului elaborate şi prezentate ritelor forme de violenţă faţă de femei Familiei Europa, Fondul Naţiunilor factorilor de decizie şi fete, inclusiv violenţa în familie, care Unite pentru Populaţie, ar servi drept bază pentru intervenţii Fondul Naţiunilor Unite de comprehensive şi orientate spre victime Dezvoltare pentru Femei, la nivel local şi naţional organizaţiile societăţii civi- le, mediul academic 7.1.7. Organizarea campaniilor de in- 2010- Ministerul Muncii, Organizaţia Internaţională Numărul campaniilor orga- formare şi conştientizare, inclusiv cam- 2012 Protecţiei Sociale şi pentru Migraţie, Fondul nizate pania de 16 zile a ONU, pentru publicul Familiei, Ministerul Naţiunilor Unite pentru larg privind problema violenţei faţă de Afacerilor Interne, Populaţie, Organizaţia femei, fete şi băieţi, inclusiv traficul de Ministerul Sănătăţii, pentru Securitate şi Coope- fiinţe umane, drept violare a drepturilor Ministerul Educa- rare în Europa, Programul omului ţiei, autorităţile ad- Naţiunilor Unite pentru ministraţiei publice Dezvoltare, organizaţiile locale societăţii civile, Fondul Na- ţiunilor Unite de Dezvol- tare pentru Femei, mediul academic
221 Acte normative actualizate 7.1.8. Elaborarea cadrului normativ 2010- Ministerul Muncii, Fondul Naţiunilor Unite Acte normative elaborate
222 pentru colectarea, analizarea şi distri- 2012 Protecţiei Sociale şi pentru Populaţie buirea datelor statistice dezagregate în Familiei, Ministerul funcţie de sex privind tipurile şi gradul Afacerilor Interne, de extindere a violenţei Ministerul Sănătăţii, autorităţile admi- nistraţiei publice locale, Biroul Naţio- nal de Statistică 7.1.9. Pilotarea procesului de colectare a 2011- Ministerul Muncii, Fondul Naţiunilor Unite Date privind incidenţa cazu- datelor în raioanele selectate 2012 Protecţiei Sociale şi pentru Populaţie rilor de violenţă colectate în Familiei, Ministerul raioanele-pilot Afacerilor Interne, Ministerul Sănătăţii, autorităţile admi- nistraţiei publice locale, Biroul Naţio- Traficul de fiinţe umane şi egalitatea genurilor în Moldova
nal de Statistică 7.2. Combaterea 7.2.1. Consolidarea cadrului normativ şi 2010- Ministerul Muncii, Fondul Naţiunilor Unite Proiectul de lege elaborat manifestării cazu- elaborarea mecanismelor de responsa- 2011 Protecţiei Sociale şi pentru Copii, organizaţiile pentru modificarea şi com- rilor de violenţă bilizare a persoanelor care au comis acte Familiei, Ministerul societăţii civile pletarea unor acte legislative faţă de fete şi de violenţă faţă de copii, în special fete, Educaţiei băieţi în sistemul inclusiv în instituţiile de învăţămînt educaţional 7.2.2 Elaborarea modulelor de instru- 2011- Ministerul Edu- Fondul Naţiunilor Unite Module elaborate ire privind contracararea violenţei în 2012 caţiei pentru Copii, organizaţiile instituţiile pedagogice şi în programele societăţii civile, mediul de formare a personalului didactic şi a academic oficialilor 7.2.3. Organizarea campaniilor de infor- 2011- Ministerul Edu- Fondul Naţiunilor Unite Numărul campaniilor de mare şi conştientizare la toate nivelele 2012 caţiei pentru Copii, organizaţiile informare instituţiilor de învăţămînt (personal di- societăţii civile, mediul dactic şi elevi/studenţi) vizînd problema academic violenţei faţă de fete şi băieţi, precum şi femei drept încălcare a drepturilor omului 7.3. Îmbunătăţirea 7.3.1. Elaborarea şi implementarea 2011- Ministerul Muncii, Ministerul Afacerilor serviciilor de re- măsurilor speciale de asigurare a im- 2012 Protecţiei Sociale şi Interne, Ministerul Sănă- abilitare şi reinte- plementării depline a tuturor tratatelor Familiei tăţii, Ministerul Educaţiei, grare a victimelor internaţionale relevante, luînd în consi- autorităţile administraţiei traficului de fiinţe derare, în special, prevederile Conven- publice locale, organizaţiile umane şi violen- ţiei pentru eliminarea tuturor formelor internaţionale, organizaţiile ţei, în particular de discriminare faţă de femei (art.6), societăţii civile femei şi fete Protocolul ONU privind prevenirea, suprimarea şi pedepsirea traficului de fiinţe umane, în particular femei şi copii, precum şi Convenţia Consiliului Europei vizînd acţiunile de combatere a traficului de fiinţe umane9) 7.3.2 Integrarea modulului privind 2010- Ministerul Muncii, Organizaţia Internaţională Modul de instruire elaborat dimensiunea de gen în cursurile de 2012 Protecţiei Sociale şi pentru Migraţie, Fondul şi integrat instruire pentru echipele multidiscipli- Familiei, Ministerul Naţiunilor Unite pentru nare privind prevenirea şi combaterea Sănătăţii, Ministe- Populaţie, Programul Na- traficului de fiinţe umane, violenţei în rul Educaţiei, Mi- ţiunilor Unite pentru Dez- familie nisterul Afacerilor voltare, Organizaţia pentru Interne, autorităţile Securitate şi Cooperare în administraţiei pu- Europa blice locale 7.3.3. Susţinerea metodologică acordată 2010- Ministerul Muncii, Organizaţiile societăţii Suport metodologic pentru trei centre ce acordă servicii 2012 Protecţiei Sociale şi civile, organizaţiile interna- victimelor violenţei în familie/traficului Familiei, autorităţile ţionale de fiinţe umane administraţiei pu- blice locale 8. CREŞTEREA NIVELULUI DE CONŞTIENTIZARE PUBLICĂ ŞI MIJLOACELE DE INFORMARE ÎN MASĂ 8.1. Stimularea pre- 8.1.1. Elaborarea şi implementarea 2010- Consiliul Coordo- Presa scrisă şi electronică, zentării imagini- măsurilor speciale de asigurare a imple- 2011 nator al Audiovizu- asociaţiile media, organi- lor pozitive a fe- mentării depline a acţiunilor prioritare alului zaţiile societăţii civile, Co- meilor şi bărbaţi- prevăzute în Obiectivele Strategice şi misia Parlamentară pentru lor şi a statutului, acţiunile Platformei de Acţiuni de la cultură, ştiinţă, învăţămînt, responsabilităţilor Beijing, în particular Secţiunea J (femei- tineret, sport şi mijloace egale în sfera pu- le şi mass-media) de informare în masă, blică şi privată Comisia Guvernamentală pentru egalitate între femei şi bărbaţi
223 Acte normative actualizate 8.1.2. Revizuirea prin prisma dimensiu- 2011- Consiliul Coordo- Organizaţiile societăţii civi- Acte legislative în domeniu
224 nii de gen a Legii Presei nr.243-XIII din 2012 nator al Audiovizu- le, organizaţiile internaţio- revizuite prin prisma de gen 26 octombrie 1994 şi a Legii Audiovizu- alului, Ministerul nale, Uniunea jurnaliştilor şi adoptate alului nr.603 din 3 octombrie 1995 Muncii, Protecţiei din Moldova Sociale şi Familiei, Ministerul Culturii (Agenţia de stat pentru protecţia moralităţii) 8.1.3. Integrarea dimensiunii de gen în 2010- Consiliul Coordo- Uniunile jurnaliştilor, presa Codul etic al jurnalistului codul de conduită al jurnalistului cu ac- 2011 nator al Audiovizu- scrisă şi electronică, organi- sensibil la dimensiunea de centul pe utilizarea limbajului nonsexist alului, Serviciul de zaţiile societăţii civile, orga- gen şi prezentarea imaginii nestereotipizate presă al autorităţilor nizaţiile internaţionale a femeilor şi bărbaţilor, precum şi exclu- publice centrale derea utilizării materialelor violente sau denigratoare etc. 8.1.4. Consolidarea capacităţilor jurna- 2010- Ministerul Edu- Instituţiile de învăţămînt Numărul instruirilor de con- Traficul de fiinţe umane şi egalitatea genurilor în Moldova
liştilor şi factorilor de decizie din do- 2012 caţiei de profil, organizaţiile in- solidare a capacităţilor meniul mass-media privind principiile ternaţionale, organizaţiile Numărul jurnaliştilor in- egalităţii de gen drept fundament al societăţii civile struiţi drepturilor omului 8.2. Combaterea ima- 8.2.1. Identificarea şi reducerea practi- 2010- Consiliul Coordo- Presa scrisă şi electronică, Emisiuni realizate ginii sexiste în cilor existente în rîndul organizaţiilor 2012 nator al Audiovizu- asociaţiile media, organiza- spoturile publici- media care continuă să violeze demnita- alului, Serviciul de ţiile internaţionale, organi- tare şi mijloacele tea umană şi fac uz de imagini negative presă al autorităţilor zaţiile societăţii civile de informare în a femeilor şi bărbaţilor în mijloacele de publice centrale masă informare în masă, inclusiv în spoturile publicitare 8.2.2. Campanii de promovare, de in- 2010- Comisia Guver- Presa scrisă şi electronică, Numărul campaniilor rea- formare şi consolidare a capacităţilor 2012 namentală pentru asociaţiile media, organiza- lizate adresate instituţiilor media pentru a egalitate între femei ţiile internaţionale, organi- promova o imagine de gen adecvată şi şi bărbaţi zaţiile societăţii civile echilibrată 8.3. Creşterea gradului 8.3.1. Elaborarea şi implementarea 2010- Serviciul de presă Comisia Guvernamentală de conştientizare strategiei de comunicare a Guvernului 2011 al Guvernului, Ser- pentru egalitate între femei în rîndurile feme- privind promovarea egalităţii de gen viciul de presă al şi bărbaţi, organizaţiile in- ilor şi bărbaţilor, cu participarea activă a bărbaţilor şi autorităţilor publice ternaţionale fetelor şi băieţilor băieţilor ca mijloc de continuare a unei centrale privind drepturile politici de egalitate de gen, în contextul omului dinamic al societăţii 8.3.2. Elaborarea şi diseminarea broşuri- 2010- Serviciul de presă Organizaţiile internaţiona- Materiale informative elabo- lor despre Convenţia pentru eliminarea 2011 al Guvernului, Ser- le, organizaţiile societăţii rate şi diseminate tuturor formelor de discriminare faţă de viciul de presă al civile, instituţiile academice femei şi Protocolul Opţional la aceasta, autorităţilor publice şi mass-media Mecanismul de depunere a reclamaţiilor centrale la Raportorul Special privind violen- ţa faţă de femei din Oficiul Înaltului Comisar pentru Drepturile Omului (OHCHR) şi Curtea Europeană pentru Drepturile Omului, precum şi legislaţia şi planurile naţionale de promovare a drepturilor omului, în special a femeilor şi fetelor 9. MECANISMUL INSTITUŢIONAL NAŢIONAL 9.1. Îmbunătăţirea 9.1.1. Elaborarea şi implementarea 2010- Ministerul Muncii, Comisia Guvernamentală responsabilităţii măsurilor speciale de asigurare a imple- 2012 Protecţiei Sociale şi pentru egalitate între femei pentru egalitate mentării deplină a obiectivelor strategi- Familiei şi bărbaţi de gen ce şi acţiunilor conţinute în Platforma de Acţiuni de la Beijing, Legea nr.5-XVI din 9 februarie 2006 cu privire la ega- litate de şanse între femei şi bărbaţi a Republicii Moldova10) 9.1.2. Revizuirea funcţiilor /statutului 2010- Ministerul Muncii, Organizaţiile societăţii şi fişelor de post a unităţilor gender din 2011 Protecţiei Sociale şi civile, organizaţii interna- cadrul ministerelor şi agenţiilor guver- Familiei, unităţile ţionale namentale şi ajustarea acestora la stan- gender din cadrul dardele Consiliului Europei prevăzute în autorităţilor publice Recomandarea CM/Rec(2007)17 (Partea centrale C-2 ii, iii, v) a Comitetului de Miniştri către statele-membre privind standardele şi mecanismele egalităţii de gen 9.1.3. Instituirea unităţilor gender la 2010- Ministerul Muncii, Fondul Naţiunilor Unite Unităţile gender instituite nivel raional şi consolidarea capacităţi- 2011 Protecţiei Sociale şi pentru Populaţie, Organi- Numărul instruirilor organi- lor acestora Familiei, autorităţile zaţia Internaţională pentru zate pentru unităţile gender administraţiei pu- Migraţie, Organizaţia blice locale pentru Securitate şi Coope- rare în Europa, Programul Naţiunilor Unite pentru Dezvoltare, Fondul Naţiu- nilor Unite de Dezvoltare pentru Femei, organizaţiile
225 Acte normative actualizate
societăţii civile 9.1.4. Consolidarea capacităţilor mem- 2010- Ministerul Muncii, Biroul Naţional de Statis- Numărul instruirilor orga-
226 brilor Comisiei guvernamentale pentru 2012 Protecţiei Sociale şi tică, instituţiile academice, nizate egalitate între femei şi bărbaţi, precum şi Familiei organizaţiile societăţii civi- a unităţilor gender (cum ar fi integrarea le şi organizaţiile interna- perspectivei de gen, analiza de gen, utili- ţionale, autorităţile publice zarea statisticii de gen şi mecanismelor de centrale monitorizare, utilizarea bugetării sensibile la dimensiunea de gen etc.) 9.1.5. Consolidarea capacităţilor oficiu- 2010- Centrul pentru Organizaţiile internaţiona- Numărul instruirilor orga- lui avocatului poporului în problemele 2011 Drepturile Omului le, Ministerul Muncii, Pro- nizate aferente discriminărilor pe bază de sex tecţiei Sociale şi Familiei 9.1.6. Consolidarea capacităţilor orga- 2011 Institutul Naţional Organizaţiile internaţiona- Numărul instruirilor orga- nelor judiciare în asigurarea respectării/ de Justiţie, Minis- le, organizaţiile societăţii nizate implementării depline a prevederilor terul Justiţiei, Con- civile, donatorii Convenţiei pentru eliminarea tuturor siliul Superior al formelor de discriminare faţă de femei, Magistraturii Protocolului Opţional, Legii nr.5-XVI Traficul de fiinţe umane şi egalitatea genurilor în Moldova
din 9 februarie 2006 cu privire la şanse egale între femei şi bărbaţi, Legii nr.45- XIV din 1 martie 2007 cu privire la prevenirea şi combaterea violenţei în familie 9.2. Consolidarea re- 9.2.1. Crearea şi consolidarea grupului 2010- Ministerul Muncii, Ministerul Economiei, Mi- Raport privind implemen- ţelelor de partene- interministerial de lucru pentru ela- 2011 Protecţiei Sociale şi nisterul Educaţiei, Minis- tarea Convenţiei pentru riat şi susţinerea borarea raportului consolidat (patru Familiei, Comisia terul Sănătăţii, Ministerul eliminarea tuturor formelor dialogului social şi cinci) al Guvernului privind imple- Guvernamentală Afacerilor Interne, Minis- de discriminare faţă de femei mentarea Convenţiei pentru eliminarea pentru egalitate în- terul Transporturilor şi elaborat tuturor formelor de discriminare faţă tre femei şi bărbaţi Infrastructurii Drumurilor, de femei, care urmează a fi prezentat în Ministerul Apărării, Minis- iulie 2011 terul Afacerilor Externe şi Integrării Europene, Minis- terul Culturii, Ministerul Finanţelor, Ministerul Justi- ţiei, Ministerul Agriculturii şi Industriei Alimentare, organizaţiile internaţionale
* Finanţarea activităţilor de implementare a prezentului Program naţional se va efectua din contul şi în limitele mijloacelor financiare prevăzute anual în bugetele respective ale autorităţilor publice relevante şi din alte surse, conform legislaţiei. Acte normative actualizate
Note: 1) În special ţinîndu-se cont de articolele 11 şi 13 ale Convenţiei pentru eliminarea tuturor formelor de discriminare faţă de femei, articolele 7 şi 10 ale ICESCR, Convenţiile Organizaţiei Internaţionale a Muncii (ILO) 100, 111 şi 183, articolele 1 (2), 4 (3), 8, 20, 26, 27 ale Cartei Europene Sociale revizuite. Aceasta ar mai putea include şi Standardele prevăzute în legislaţia UE, în special cele ce vizează accesul, condiţiile de muncă, orarul de muncă flexibil, promovarea pe scară ierarhică, remunerare egală, demitere, inversarea sarcinii probei (burden of proof) în cazurile de discriminare în bază de sex, hărţuire sexuală, protecţie a gravidităţii, maternităţii şi paternităţii, precum şi acces la servicii şi bunuri. Burden of proof = sarcina probei în domeniul egalităţii de tratament între femei şi bărbaţi, o directivă bazată pe jurispru- denţa Curţii de Justiţie a Comunităţii Europene prevede transferul de obligaţii între cele doua părţi (reclamant şi pîrît). Dacă o persoană se consideră nedreptăţită prin neaplicarea principiului egalităţii de tratament şi dacă există o prezumţie de discriminare, pîrîtul trebuie să dovedească faptul ca acest principiu nu a fost încălcat. 2) Articolele 7 şi 8 ale Convenţiei pentru eliminarea tuturor formelor de discriminare faţă de femei, Recomandările ge- nerale nr.23 privind viaţa politică şi publică a Comitetului pentru eliminarea discriminării faţă de femei, art.25 al Convenţiei Internaţionale privind drepturile politice şi civile. Aici se va include şi Declaraţia Universală privind Drepturile Umane (articolul 21), Recomandarea Rec (2003)3 a Comitetului de Miniştri al Consiliului Europei vizînd participarea echilibrată a femeilor şi băr- baţilor în procesul decizional politic şi public, precum şi obiectivele strategice şi acţiunile conţinute în Platforma de Acţiuni de la Beijing (Capitolul 4) în ceea ce priveşte sistemul electoral (Secţiunea G). 3) Aceasta ar putea include studii la nivel decizional privind obstacolele/barierele care împiedică accesul femeilor la proce- sul decizional, precum şi strategiile eficiente de promovare a participării acestora. 4) Cum ar fi partide politice, parteneri sociali, organizaţii de tineret, instituţii academice, organizaţii ale sectorului privat etc. 5) Articolul 11 al Convenţiei pentru eliminarea tuturor formelor de discriminare faţă de femei, Convenţia Biroului In- ternaţional al Muncii nr.156 şi articolul 27 al Cartei Sociale Europene revizuite. Aceasta ar mai include Recomandarea R (96)5 a Comitetului de Miniştri al Consiliului Europei privind reconcilierea vieţii de familie cu responsabilităţile de serviciu, precum şi obiectivele strategice şi acţiunile conţinute în capitolul IV al Platformei de Acţiuni de la Beijing, în special Secţiunea F (femeile şi economia). 6) Articolele 11 şi 13 ale Convenţiei pentru eliminarea tuturor formelor de discriminare faţă de femei, articolul 10 al Con- venţiei internaţionale privind drepturile economice, sociale şi culturale, Convenţia Biroului Internaţional al Muncii nr.102, art.12, 13, 14, 30 şi 31 ale Cartei Sociale Europene revizuită. Aceasta ar mai putea include art.22 şi 25 ale Declaraţiei Universale privind Drepturile Omului. 7) Articolul 12 al Convenţiei pentru eliminarea tuturor formelor de discriminare faţă de femei, Recomandarea genera- la nr.24 privind femeile şi sănătatea aprobată de către Comitetul pentru eliminarea discriminării faţă de femei, articolul 12 al ICESCR, articolul 11 al Cartei Sociale Europene revizuite. Aceasta ar mai include articolul 25 al Declaraţiei Universale privind Drepturile Omului, precum şi Programul de Acţiuni al ICPD şi obiectivele strategice şi acţiunile conţinute în capitolul IV al Plat- formei de Acţiuni de la Beijing, în special secţiunile C (femeile şi sănătatea) şi I (drepturile umane ale femeilor). 8) Convenţia pentru eliminarea tuturor formelor de discriminare faţă de femei (articolul 6 şi alte prevederi relevante), Car- ta Socială Europeană revizuită (articolul 16). Aceasta trebuie să includă Declaraţia privind eliminarea violenţei împotriva femeilor (Rezoluţia 48/104 a Asambleei Generale a Naţiunilor Unite (UN GA)), intensificarea eforturilor de eliminare a tuturor formelor de violenţă faţă de femei (Rezoluţia 61/143 a UN GA) şi Recomandarea Rec(2002)5 a Comitetului de Miniştri al Consiliului Eu- ropei vizînd protecţia femeilor de violenţă, precum şi obiectivele şi acţiunile strategice conţinute în capitolul IV al Platformei de Acţiuni de la Beijing, în special în Secţiunea D (violenţa faţă de femei) şi I (drepturile umane ale femeii). 9) Aceasta mai include Recomandarea nr. R(2000)11 a Comitetului de Miniştri al Consiliului Europei vizînd acţiunile de combatere a traficului de fiinţe umane în scopul exploatării sexuale, precum şi obiectivele strategice şi acţiunile conţinute în capi- tolul IV al Platformei de Acţiuni de la Beijing, în special Secţiunea I vizînd drepturile umane ale femeii. 10) Capitolul IV secţiunea H (mecanisme instituţionale pentru promovarea femeilor).
227 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
19. HOTĂRÎRE cu privire la aprobarea Regulamentului-cadru de organizare şi funcţionare a centrelor de asistenţă şi protecţie a victimelor traficului de fiinţe umane nr. 1362 din 29.11.2006 Monitorul Oficial nr.186-188/1457 din 08.12.2006
*** În scopul executării Legii nr.241-XVI din 20 octombrie 2005 privind prevenirea şi combaterea traficului de fiinţe umane (Monitorul Oficial al Republicii Moldova, 2005, nr.164-167, art.812), al realizării prevederilor anexei nr.2 la Hotărîrea Guvernului nr.1219 din 9 noiembrie 2001 “Cu privire la aprobarea componenţei nomi- nale a Comitetului naţional pentru combaterea traficului de fiinţe umane şi Planului naţional de acţiuni pentru combaterea traficului de fiinţe umane” (Monitorul Oficial al Republicii Moldova, 2001, nr.136-138, art.1274), precum şi al dezvoltării serviciilor de asistenţă şi protecţie a victimelor traficului de fiinţe umane, Guvernul
HOTĂRĂŞTE:
1. Se aprobă Regulamentul-cadru de organizare şi funcţionare a centrelor de asistenţă şi protecţie a victime- lor traficului de fiinţe umane (se anexează). 2. Centrele care vor presta servicii pentru victimele traficului de fiinţe umane vor aproba propriile regula- mente de organizare şi funcţionare pe baza prezentului Regulament-cadru. 3. Cheltuielile ce ţin de organizarea şi funcţionarea centrelor create de Guvern sau autorităţile administraţiei publice locale se vor efectua în limita alocaţiilor prevăzute anual în bugetele respective. 4. Ministerul Afacerilor Interne, cu forţele efectivului Direcţiei generale pază de stat, va asigura securitatea centrelor de asistenţă şi protecţie a victimelor traficului de fiinţe umane. 5. Ministerul Muncii, Protecţiei Sociale şi Familiei va coordona deschiderea de astfel de centre pe teritoriul ţării şi va monitoriza activitatea lor. [Pct.5 modificat prin Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010] [Pct.5 modificat prin Hot.Guv. nr.462 din 24.03.2008, în vigoare 01.04.2008]
PRIM-MINISTRU Vasile TARLEV
Contrasemnează: Ministrul sănătăţii şi protecţiei sociale Ion Ababii Ministrul finanţelor Mihail Pop Ministrul afacerilor interne Gheorghe Papuc
Chişinău, 29 noiembrie 2006. Nr.1362.
228 Acte normative actualizate
Aprobat prin Hotărîrea Guvernului nr.1362 din 29 noiembrie 2006
REGULAMENTUL-CADRU de organizare şi funcţionare a centrelor de asistenţă şi protecţie a victimelor traficului de fiinţe umane
CAPITOLUL I Definiţia şi specificul centrului de asistenţă şi protecţie a victimelor traficului de fiinţe umane
Secţiunea 1 Dispoziţii generale
1. Centrul de asistenţă şi protecţie a victimelor traficului de fiinţe umane (denumit în continuare Centru) reprezintă o instituţie specializată care prestează servicii de asistenţă la (re)integrarea acestora în familie şi în comunitate. 2. Scopul Centrului este oferirea protecţiei şi plasamentului temporar victimelor traficului de fiinţe umane, socializarea şi (re)integrarea acestora în familie şi în comunitate. 3. Obiectivele Centrului sînt: asigurarea unor condiţii de trai temporare, adecvate şi sigure pentru victimele traficului de fiinţe umane; asigurarea procesului de protecţie a victimelor traficului de fiinţe umane prin asistenţă şi servicii calitative oferite acestora în conformitate cu planurile individuale şi cu standardele de calitate; facilitarea procesului de socializare şi (re)integrare a victimelor în familie şi în comunitate; monitorizarea situaţiei postintegratoare a victimelor în familie şi în comunitate; întreţinerea, îngrijirea şi dezvoltarea copilului-victimă a traficului de fiinţe umane în conformitate cu particularităţile de vîrstă; facilitarea socializării şi (re)integrării copilului în familia biologică/extinsă şi în comunitate. 4. Centrul îşi desfăşoară activitatea pe baza următoarelor principii: respectarea drepturilor şi libertăţilor fundamentale ale omului; respectarea interesului superior al copilului şi a drepturilor lui; asigurarea dreptului la informare; consimţămîntul deplin al victimei; anonimitate; servicii de calitate; nondiscriminare; reintegrarea familială şi socială; respectarea confidenţialităţii vieţii private şi a identităţii victimelor traficului de fiinţe umane; respectarea opiniei victimei adult/copil şi participitivitatea; consiliere socială şi îngrijire individualizată. 5. Centrul îşi desfăşoară activitatea în conformitate cu legislaţia în vigoare, prezentul Regulament şi cu standardele de calitate. 6. Activitatea Centrului este coordonată, monitorizată şi evaluată de secţiile/direcţiile asistenţă socială şi protecţie a familiei. 7. Centrul este persoană juridică, dispune de patrimoniu distinct, bilanţ propriu, conturi de decontare (în lei moldoveneşti şi în valută străină) şi alte conturi în instituţiile financiare ale Republicii Moldova, ştampilă, sigiliu, antet şi simbolică.
229 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Secţiunea a 2-a Beneficiarii Centrului
8. Beneficiari ai Centrului sînt victimele traficului de fiinţe umane şi potenţialele victime - cetăţeni ai Repu- blicii Moldova şi apatrizi care aveau dreptul de a locui permanent în Republica Moldova la momentul intrării pe teritoriul unui alt stat (femei, copii, părinţi/copii, bărbaţi).
CAPITOLUL II Constituirea, organizarea şi funcţionarea Centrului
Secţiunea 1 Constituirea Centrului
9. Centrul este constituit în coordonare cu Ministerul Muncii, Protecţiei Sociale şi Familiei la decizia: Guvernului, la propunerea Comitetului naţional pentru combaterea traficului de fiinţe umane; autorităţii administraţiei publice locale, la propunerea comisiei teritoriale pentru combaterea traficului de fiinţe umane; organizaţiilor internaţionale şi a organizaţiilor neguvernamentale, cu informarea Comitetului naţional pen- tru combaterea traficului de fiinţe umane; autorităţii administraţiei publice şi a organizaţiilor neguvernamentale sau private, pe baza unui acord de activitate comună. [Pct.9 modificat prin Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010] [Pct.9 modificat prin Hot.Guv. nr.462 din 24.03.2008, în vigoare 01.04.2008]
Secţiunea a 2-a Organizarea şi funcţionarea Centrului
10. Centrul oferă plasament separat pentru victimele traficului de fiinţe umane, adulţi şi copii. 11. Centrul acordă cazare victimelor traficului de fiinţe umane pentru o perioadă de pînă la 30 zile. Pentru protecţia victimei, dacă este necesar, durata cazării poate fi prelungită pînă la 6 luni. Cînd viaţa şi sănătatea victimei sînt ameninţate de un pericol real, perioada cazării se prelungeşte pe o durată considerată necesară pentru protecţia victimei. 12. Femeile gravide-victime ale traficului de fiinţe umane au dreptul de cazare în Centru pentru o perioadă de pînă la 12 luni. 13. Centrul are o capacitate maximă de 30 de locuri. 14. Centrul este amenajat conform standardelor de calitate, în corespundere cu particularităţile individuale şi de vîrstă ale beneficiarilor. 15. Centrul oferă următoarele servicii de asistenţă: cazare temporară securizată; alimentare; asistenţă medicală de urgenţă; consiliere psihosocială şi juridică; asigurarea necesităţilor materiale de bază (obiecte de igienă personală, îmbrăcăminte, încălţăminte); asistenţă la (re)integrare. 16. Asistenţa fiecărei victime se realizează pe baza planului individual de intervenţie, elaborat de către asis- tentul social coordonator de caz din cadrul Centrului de reabilitare a victimelor traficului de fiinţe umane al Organizaţiei Internaţionale pentru Migraţie Chişinău sau de specialistul coordonator al echipei multidisci- plinare la nivel teritorial. Planul este coordonat cu toţi membrii echipei multidisciplinare. La nivel teritorial, revizuirea planului individual de intervenţie se realizează de către echipa multidisciplinară.
230 Acte normative actualizate
17. Centrul asigură servicii de (re)integrare a victimei în familie şi în comunitate prin: pregătirea victimei pentru (re)integrarea în familia biologică/extinsă şi în comunitate; lucrul cu familia victimei; (re)orientarea profesională; asistenţa la obţinerea unei profesii muncitoreşti solicitată pe piaţa muncii; sprijinul la angajarea în cîmpul muncii; monitorizarea şi evaluarea situaţiei pre- şi postintegratoare pentru o perioadă de un an (în cazuri excepţionale este prelungită individual); accesul copiilor la serviciile educaţionale din comunitate: şcoală, grădiniţă etc. 18. Calitatea serviciilor prestate va fi evaluată periodic de către organul de acreditare a serviciilor sociale.
CAPITOLUL III Plasamentul beneficiarilor
Secţiunea 1 Plasarea beneficiarilor adulţi în Centru
19. Plasarea beneficiarilor adulţi în Centru se realizează în modul stabilit de prezentul Regulament, cu pre- zentarea profilului de caz al adultului de către organizaţii/instituţii (Centrul de reabilitare a victimelor traficului de fiinţe umane al Organizaţiei Internaţionale pentru Migraţie Chişinău; societatea civilă; organele de drept; autorităţile administraţiei publice locale; secţiile/direcţiile asistenţă socială şi protecţie a familiei; autorităţile tutelare) Ministerului Muncii, Protecţiei Sociale şi Familiei. [Pct.19 modificat prin Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010] [Pct.19 modificat prin Hot.Guv. nr.462 din 24.03.2008, în vigoare 01.04.2008] 20. Plasarea în Centru are un caracter temporar şi include: întocmirea dosarului adultului; evaluarea complexă; stabilirea planului individual de intervenţie. 21. Evaluarea complexă a adultului se realizează de către echipa multidisciplinară. 22. Persoana desemnată coordonator al echipei multidisciplinare la nivel teritorial coordonează toate inter- venţiile specialiştilor implicaţi în soluţionarea cazului. Planul individual de intervenţie pentru fiecare beneficiar al Centrului se revizuieşte lunar, pe baza evaluării realizate de echipa multidisciplinară. 23. Pregătirea ieşirii beneficiarului din Centru se efectuează de către asistentul social sub supravegherea managerului Centrului, în colaborare cu secţia/direcţia asistenţă socială şi protecţie a familiei. 24. După ieşirea beneficiarului din Centru (ca urmare a (re)integrării lui), serviciile de consiliere, acompa- niere, suport emoţional rămîn la dispoziţia beneficiarului pînă la integrarea deplină în familie şi în comunitate.
Secţiunea a 2-a Plasarea beneficiarilor-copii în Centru
25. Plasarea beneficiarilor-copii în Centru se realizează în modul stabilit de prezentul Regulament, cu pre- zentarea profilului de caz al copilului referit prin intermediul Centrului de reabilitare a victimelor traficului de fiinţe umane al Organizaţiei Internaţionale pentru Migraţie Chişinău, societăţii civile, organelor de drept, au- torităţilor administraţiei publice locale, secţiilor/direcţiilor asistenţă socială şi protecţie a familiei, autorităţilor tutelare către Ministerul Muncii, Protecţiei Sociale şi Familiei. [Pct.25 modificat prin Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010] [Pct.25 modificat prin Hot.Guv. nr.462 din 24.03.2008, în vigoare 01.04.2008] 26. Plasarea copilului în Centru se efectuează pe baza deciziei comune luate de către echipa multidisciplinară de nivel teritorial, în componenţa căreia trebuie incluşi în mod obligatoriu reprezentanţi ai autorităţilor tutelare.
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27. Plasarea copiilor în Centru are un caracter temporar şi include: întocmirea dosarului copilului; evaluarea complexă; stabilirea planului individual de intervenţie. 28. Dosarul personal al copilului este completat de specialistul coordonator al echipei multidisciplinare, pe baza evaluării iniţiale efectuate de asistentul social coordonator de caz al Centrului de reabilitare al Organizaţiei Internaţionale pentru Migraţie Chişinău, cu participarea specialistului pentru protecţia drepturilor copilului de la locul de referire şi reprezentantului Ministerului Muncii, Protecţiei Sociale şi Familiei. [Pct.28 modificat prin Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010] [Pct.28 modificat prin Hot.Guv. nr.462 din 24.03.2008, în vigoare 01.04.2008] 29. Pe perioada aflării în Centru, copilului i se asigură iniţierea şi menţinerea relaţiilor cu membrii familiei sale biologice/extinse, cu reprezentantul său legal, dacă acest fapt nu contravine interesului superior al copilului. 30. Coordonatorul echipei multidisciplinare supraveghează toate intervenţiile specialiştilor, iniţiază legătu- ra cu familia biologică/extinsă a copilului sau găseşte împreună cu membrii echipei soluţia optimă pentru (re) integrarea copilului în comunitate, apelînd la serviciile alternative de protecţie a copilului dezvoltate în terito- riu, instituţionalizarea copilului fiind ultima soluţie. 31. (Re)integrarea copilului se realizează după un plan individual stabilit, care se revizuieşte lunar de către echipa multidisciplinară a Centrului. După evaluarea complexă a rezultatelor obţinute, se întocmeşte planul de ieşire a acestuia din Centru. 32. (Re)integrarea familială a copilului este misiunea esenţială a Centrului. Serviciul de (re)integrare familială asigură menţinerea legăturii directe şi nemijlocite dintre părinţi şi copil, după caz, acomodarea copi- lului şi pregătirea integrării acestuia în noua familie. 33. Familia în care s-a integrat copilul va fi monitorizată în decurs de un an, fiind evaluată situaţia copilu- lui şi a familiei după (re)integrare de către specialiştii instituţiei, pentru prevenirea unui eventual retrafic sau violenţei în familie. După integrarea copilului în familie Centrul este deschis pentru colaborare cu familiile, oferind consiliere de specialitate, acompaniere, suport emoţional.
CAPITOLUL IV Managementul Centrului
Secţiunea 1 Resursele umane
34. Centrul este condus de o persoană cu studii superioare în unul din următoarele domenii: pedagogie, psihologie, psihopedagogie, asistenţă socială, medicină, juridică. Funcţia de manager al Centrului poate fi cu- mulată cu altă funcţie. 35. Managerul este angajat şi eliberat din funcţie de către fondatorii Centrului, conform legislaţiei în vigoare. 36. În activitatea sa managerul Centrului se conduce de actele normative şi legislative în vigoare, dispoziţiile autorităţilor administraţiei publice centrale şi locale şi de prezentul Regulament. 37. Managerul Centrului este administratorul tuturor resurselor, are dreptul de a angaja şi concedia per- sonalul în conformitate cu legislaţia în vigoare, este responsabil pentru activitatea juridică şi administrativă a Centrului. 38. Managerul Centrului este responsabil de organizarea activităţii Centrului şi de calitatea serviciilor pre- state. 39. Managerul Centrului asigură: funcţionarea Centrului conform standardelor de calitate; gestionarea resurselor financiare şi materiale ale Centrului, conform standardelor naţionale de contabilitate; organizarea şi evaluarea activităţii personalului Centrului, conform fişelor postului; asigurarea confidenţialităţii programului şi registrelor beneficiarilor; completarea şi prezentarea formularelor şi rapoartelor privind activitatea Centrului către autoritatea admi- nistraţiei publice centrale sau locale;
232 Acte normative actualizate
reprezentarea Centrului în relaţiile cu alte instituţii publice sau private; asigurarea şi supravegherea instruirii continue a personalului. 40. Managerul Centrului convoacă şedinţele de planificare a activităţii Centrului în mod ordinar (săptă- mînal) sau, la necesitate, în mod extraordinar. 41. Managerul Centrului încheie acorduri de prestare a serviciilor specializate cu alte organizaţii/instituţii de profil. 42. Managerul Centrului încheie acorduri de colaborare cu organele de drept teritoriale pentru asigurarea protecţiei fizice a beneficiarilor şi a securităţii instituţiei. 43. În cazul în care managerul este în incapacitate temporară de a-şi exercita atribuţiile de serviciu, respon- sabilitatea pentru buna funcţionare a Centrului îi revine managerului adjunct. 44. Personalul Centrului este format din specialişti în diferite domenii, conform legislaţiei în vigoare, care corespund necesităţilor de funcţionare a Centrului. 45. Personalul Centrului este angajat prin concurs, conform legislaţiei în vigoare. 46. Comisia de concurs este alcătuită din manager, reprezentanţii fondatorului (fondatorilor) Centrului, şefii secţiilor/direcţiilor asistenţă socială şi protecţie a familiei, reprezentanţii autorităţilor tutelare. 47. Angajarea personalului se efectuează pe baza contractului individual de muncă, încheiat în conformitate cu legislaţia în vigoare. 48. La momentul angajării, iar ulterior la fiecare 6 luni, personalul este obligat să efectueze examenul medi- cal, conform standardelor Ministerului Sănătăţii. [Pct.48 modificat prin Hot.Guv. nr.462 din 24.03.2008, în vigoare 01.04.2008] 49. Angajaţii Centrului sînt obligaţi să păstreze confidenţialitatea informaţiilor despre viaţa intimă a vic- timelor, pe care le obţin în timpul exercitării atribuţiilor de serviciu, să nu pretindă şi să nu primească foloase necuvenite pentru munca prestată. 50. Statele de funcţii ale Centrului sînt stabilite şi aprobate de fondatori în conformitate cu Standardele de calitate pentru serviciile de asistenţă şi protecţie a victimelor traficului de fiinţe umane, cu scopul şi obiectivele Centrului şi prevederile legislaţiei în vigoare. 51. Centrul activează după un program special - 24/24 ore, pornind de la necesităţile de referire, asistenţă la (re)integrare şi de adăpost pentru victimele traficului de fiinţe umane. 52. Personalul îşi desfăşoară activitatea conform fişelor postului, în localul destinat Centrului, în conformi- tate cu orarul de lucru stabilit şi cu programele individuale de integrare a victimelor traficului de fiinţe umane. 53. Structura şi pregătirea personalului din Centru trebuie să corespundă obiectivelor Centrului. 54. Salarizarea personalului se efectuează în conformitate cu legislaţia în vigoare.
Secţiunea a 2-a Patrimoniul Centrului
55. Centrul poate dispune de orice patrimoniu necesar activităţii sale cu drept de proprietate şi/sau folosin- ţă, în funcţie de modul de dobîndire a dreptului respectiv. 56. Patrimoniul Centrului se constituie din: patrimoniul iniţial transmis Centrului de către fondatori în proprietate şi/sau folosinţă; patrimoniul transmis în perioada activităţii Centrului de către autorităţile publice, alte persoane juridice sau fizice în folosinţă temporară; donaţii (granturi), alte contribuţii benevole ale persoanelor fizice şi juridice; patrimoniul achiziţionat de Centru din contul mijloacelor proprii în perioada activităţii sale, care îi aparţine cu drept de proprietate, precum şi din veniturile obţinute în urma utilizării sau înstrăinării patrimoniului dat; alte valori active şi pasive neinterzise de legislaţie. 57. Patrimoniul iniţial se transmite Centrului, conform acordului dintre Centru şi fondatorii-proprietari ai patrimoniului, în termen de o lună de la data înregistrării de stat a Centrului. 58. Patrimoniul Centrului se foloseşte exclusiv pentru realizarea scopurilor sale statutare.
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59. Gestionarea patrimoniului se realizează, în funcţie de valoarea acestuia, în modul stabilit de documen- tele de constituire a Centrului. 60. Centrul nu este în drept să dispună de patrimoniul care îi aparţine cu alt drept decît dreptul de proprie- tate fără acordul scris al proprietarului, indiferent de valoarea patrimoniului. După încetarea activităţii Centru- lui sau expirarea termenului stabilit de folosinţă, patrimoniul dat va fi transmis proprietarilor. 61. Centrul ţine evidenţa activităţii sale financiar-economice şi prezintă dările de seamă contabile şi statis- tice în modul stabilit de legislaţie.
CAPITOLUL V Dispoziţii finale
62. Activitatea Centrului încetează în baza deciziei fondatorilor, coordonată cu Ministerul Muncii, Protec- ţiei Sociale şi Familiei, în corespundere cu prevederile legislaţiei în vigoare. [Pct.62 modificat prin Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010] [Pct.62 modificat prin Hot.Guv. nr.462 din 24.03.2008, în vigoare 01.04.2008] 63. După încetarea activităţii Centrului, patrimoniul va fi transmis membrilor fondatori în raport cu con- tribuţia fiecăruia.
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20. HOTĂRÎRE cu privire la crearea Centrului de asistenţă şi protecţie a victimelor şi potenţialelor victime ale traficului de fiinţe umane nr. 847 din 11.07.2008 Monitorul Oficial nr.127-130/851 din 18.07.2008
*** În scopul executării prevederilor Legii nr.241-XVI din 20 octombrie 2005 privind prevenirea şi combate- rea traficului de fiinţe umane (Monitorul Oficial al Republicii Moldova, 2005, nr.164-167, art.812), Hotărîrii Guvernului nr.1362 din 29 noiembrie 2006 “Cu privire la aprobarea Regulamentului-cadru de organizare şi funcţionare a centrelor de asistenţă şi protecţie a victimelor traficului de fiinţe umane” (Monitorul Oficial al Republicii Moldova, 2006, nr.186-188, art.1457), Guvernul
HOTĂRĂŞTE: 1. Se creează Centrul de asistenţă şi protecţie a victimelor şi potenţialelor victime ale traficului de fiinţe umane, cu sediul în mun.Chişinău, str.Burebista, nr.93. 2. Centrul este o instituţie publică subordonată Ministerului Muncii, Protecţiei Sociale şi Familiei, cu statut de persoană juridică, finanţată din bugetul de stat şi din alte mijloace, conform legislaţiei, specializată în oferirea de condiţii civilizate de cazare şi de igienă personală, hrană, asistenţă juridică, socială, psihologică şi medicală de urgenţă, pază şi protecţie, precum şi asistenţă pentru contactarea rudelor. [Pct.2 modificat prin Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010] 3. Ministerul Sănătăţii va asigura transmiterea de către Instituţia medico-sanitară publică “Institutul de Cercetări Ştiinţifice în Domeniul Ocrotirii Sănătăţii Mamei şi Copilului”, în folosinţă temporară, fără plată de arendă, a imobilului şi terenului aferent, situate pe adresa: mun.Chişinău, str.Burebista, nr.93 (certificatul nr.0100/07/6865 din 13 iunie 2007, eliberat de Oficiul cadastral teritorial Chişinău), din incinta instituţiei, în gestiunea Centrului de asistenţă şi protecţie a victimelor şi potenţialelor victime ale traficului de fiinţe umane, pînă la schimbarea statutului şi genului de activitate ale acestui Centru. 4. Ministerul Muncii, Protecţiei Sociale şi Familiei, în termen de o lună: va negocia şi va încheia Acordul de activitate comună cu Misiunea Organizaţiei Internaţionale pentru Migraţie în Moldova, în vederea delimitării atribuţiilor de gestionare în comun a Instituţiei publice “Centrul de asistenţă şi protecţie a victimelor şi potenţialelor victime ale traficului de fiinţe umane”, în conformitate cu prevederile art.17 alin.(2) lit.d) din Legea nr.241-XVI din 20 octombrie 2005 privind prevenirea şi combaterea traficului de fiinţe umane; va aproba schema de încadrare şi Regulamentul de organizare şi funcţionare ale Centrului; va aduce actele sale normative în corespundere cu prezenta Hotărîre. [Pct.4 modificat prin Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010] 5. Agenţia Relaţii Funciare şi Cadastru va opera în documentaţia cadastrală modificările ce decurg din prevederile prezentei hotărîri.
PRIM-MINISTRU Zinaida GRECEANÎI Contrasemnează: Viceprim-ministru Victor Stepaniuc Ministrul protecţiei sociale, familiei şi copilului Galina Balmoş Ministrul finanţelor Mariana Durleşteanu Ministrul sănătăţii Larisa Catrinici
Chişinău, 11 iulie 2008. Nr.847.
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21. HOTĂRÎRE privind aprobarea Regulamentului-cadru al comisiilor teritoriale pentru combaterea traficului de fiinţe umane nr.234 din 29.02.2008*
În scopul realizării prevederilor articolului 9 din Legea nr.241-XVI din 20 octombrie 2005 privind pre- venirea şi combaterea traficului de fiinţe umane (Monitorul Oficial al Republicii Moldova, 2005, nr.164-167, art.812), cu modificările ulterioare, Guvernul
HOTĂRĂŞTE:
1. Se aprobă Regulamentul-cadru al comisiilor teritoriale pentru combaterea traficului de fiinţe umane (se anexează). 2. Consiliile raionale, municipale, Adunarea Populară a unităţii teritoriale autonome Găgăuzia vor aproba regulamentele comisiilor teritoriale pentru combaterea traficului de fiinţe umane.
PRIM-MINISTRU Vasile TARLEV Contrasemnează: Ministrul afacerilor interne Gheorghe Papuc Ministrul administraţiei publice locale Valentin Guznac Chişinău, 29 februarie 2008. Nr.234.
Aprobat prin Hotărîrea Guvernului Nr.234 din 29 februarie 2008 REGULAMENTUL-CADRU al comisiilor teritoriale pentru combaterea traficului de fiinţe umane
I. DISPOZIŢII GENERALE 1. În vederea ajustării şi racordării cadrului normativ naţional la prevederile Convenţiei Consiliului Europei cu privire la lupta contra traficului de fiinţe umane, adoptate la 3 mai 2005 la Strasbourg, prezentul Regulament stabileşte modul de formare a comisiilor teritoriale pentru combaterea traficului de fiinţe umane, sarcinile şi atribuţiile lor de bază, modalităţile de interacţiune a comisiilor teritoriale cu Comitetul naţional pentru com- baterea traficului de fiinţe umane (în continuare - Comitetul naţional), precum şi cu autorităţile administraţiei publice centrale şi locale. 2. Pentru coordonarea activităţii de prevenire şi combatere a traficului de fiinţe umane, în raioane, muni- cipii şi în unitatea teritorială autonomă Găgăuzia, pe lîngă organul executiv al administraţiei publice locale, se creează comisii teritoriale pentru combaterea traficului de fiinţe umane (în continuare - comisie teritorială). În municipiul Chişinău astfel de comisii se creează şi în sectoare. În activitatea lor comisiile teritoriale se subor- donează Comitetului naţional. 3. Cheltuielile aferente activităţii comisiilor teritoriale se vor efectua în limita alocaţiilor prevăzute anual în bugetele unităţilor administrativ-teritoriale respective. 4. Comisia teritorială îşi desfăşoară activitatea în baza principiilor: a) legalităţii; b) respectării drepturilor şi libertăţilor fundamentale ale omului;
* Monitorul Oficial nr.47-48/298 din 07.03.2008
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c) separării şi colaborării puterilor; d) colegialităţii şi respectului reciproc; e) responsabilităţii membrilor săi pentru exercitarea atribuţiilor ce le revin în calitate de reprezentanţi ai organelor competente şi de membri ai comisiei; f) publicităţii şi transparenţei, în condiţiile legii; g) conlucrării cu societatea civilă; h) altor principii de bază ale combaterii traficului de fiinţe umane. 5. Autorităţile administraţiei publice locale pun la dispoziţia comisiei teritoriale localuri pentru desfăşurarea şedinţelor şi altor activităţi.
II. COMPONENŢA COMISIEI TERITORIALE
6. Componenţa nominală a comisiei teritoriale se aprobă prin dispoziţia preşedintelui autorităţii adminis- traţiei publice locale, o copie a acestei dispoziţii fiind prezentată Comitetului naţional. După necesitate, numă- rul membrilor comisiei poate fi modificat la iniţiativa membrilor ei. 7. Preşedinte al comisiei teritoriale este vicepreşedintele autorităţii administraţiei publice locale pe proble- mele sociale. 8. Secretar al comisiei teritoriale este un angajat din cadrul autorităţii administraţiei publice locale. 9. În componenţa comisiei teritoriale, cu drept de membru, sînt incluşi, de regulă, reprezentanţii organelor desconcentrate ale ministerelor, altor autorităţi administrative centrale învestite cu atribuţii în domeniul pre- venirii şi combaterii traficului de fiinţe umane, ai organizaţiilor neguvernamentale care desfăşoară activităţi de prevenire, combatere şi asistenţă a victimelor traficului de fiinţe umane, altor organizaţii, după necesitate.
III. SARCINILE ŞI ATRIBUŢIILE COMISIEI TERITORIALE
10. Comisia teritorială este un organ consultativ, care are ca sarcină consolidarea eforturilor organelor investite cu atribuţii în domeniul combaterii traficului de fiinţe umane din unităţile administrativ-teritoriale, precum şi stabilirea unor obiective şi măsuri coordonate în vederea prevenirii şi combaterii traficului de fiinţe umane. 11. În vederea realizării sarcinilor sale, comisia teritorială exercită următoarele atribuţii: a) organizează campanii de informare, seminare şi întruniri în oraşele şi satele din unitatea administrativ- teritorială, în scopul informării populaţiei despre consecinţele migraţiei ilegale şi ale traficului de fiinţe umane; b) coordonează activitatea de prevenire şi combatere a traficului de fiinţe umane, de protecţie şi asistenţă a victimelor traficului; c) colaborează cu autorităţile publice locale, organele de drept, organizaţiile neguvernamentale şi repre- zentanţii organizaţiilor societăţii civile, în scopul acordării protecţiei şi asistenţei victimelor traficului, în mod special cu reprezentanţa Organizaţiei Internaţionale pentru Migraţie cu sediul la Chişinău; d) realizează la nivel local activităţi de prevenire a traficului de fiinţe umane, inclusiv de copii, execută acţi- unile stabilite în Planul naţional de prevenire şi combatere a traficului de fiinţe umane şi în legislaţia relevantă; e) monitorizează şi evaluează periodic activităţile de prevenire şi combatere a traficului de fiinţe umane, realizate de organele statale în teritoriu, informează autorităţile respective, Comitetul naţional şi înaintează propuneri pentru eficientizarea acestor activităţi; f) acordă asistenţă informaţională, organizatorică şi practică organelor de stat implicate în prevenirea şi combaterea migraţiei ilegale şi traficului de fiinţe umane; g) colaborează cu comisiile similare din alte unităţi teritorial-administrative; h) implementează programe de instruire privind prevenirea şi combaterea traficului de fiinţe umane pentru persoanele din grupurile vulnerabile şi pentru funcţionarii antrenaţi în aceste activităţi; i) acordă asistenţă la elaborarea programelor de cercetare, analiză şi colectare a datelor statistice privind traficul de fiinţe umane; j) întocmeşte rapoarte semestriale şi anuale, note informative privind activitatea comisiei teritoriale, pre- zentîndu-le Comitetului naţional.
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IV. MODUL DE DESFĂŞURARE A ACTIVITĂŢII COMISIEI TERITORIALE
12. Comisia teritorială îşi desfăşoară activitatea în baza unui plan anual de activitate, care se aprobă de pre- şedintele comisiei respective. 13. Şedinţele comisiei teritoriale sînt prezidate de preşedinte, care exercită următoarele atribuţii: a) conduce activitatea comisiei teritoriale; b) convoacă şi conduce şedinţele comisiei teritoriale; c) aprobă ordinea de zi a şedinţelor comisiei teritoriale; d) semnează procesele-verbale şi alte documente ce vizează activitatea comisiei teritoriale; e) reprezintă comisia teritorială în relaţiile cu autorităţile publice şi organizaţiile internaţionale. 14. Activitatea comisiei teritoriale în perioada dintre şedinţele de lucru este asigurată de către secretarul responsabil, care exercită următoarele atribuţii: a) asigură asistenţa organizatorică, informaţională şi analitică a activităţii comisiei teritoriale; b) solicită propunerile membrilor comisiei teritoriale referitoare la planul de activitate şi ordinea de zi a şedinţelor de lucru; c) elaborează şi prezintă pentru aprobare planul de activitate a comisiei teritoriale pentru o anumită perioa- dă, ordinea de zi a şedinţelor de lucru; d) solicită de la persoanele responsabile informaţii privind problemele incluse în ordinea de zi cu cel puţin 5 zile înainte de convocarea şedinţelor; e) pregăteşte materialele pentru şedinţele comisiei teritoriale; f) ţine evidenţa chestiunilor examinate şi întocmeşte procesul-verbal al şedinţelor comisiei teritoriale; g) întocmeşte rapoartele activităţii comisiei teritoriale; h) exercită controlul asupra realizării deciziilor adoptate, informînd membrii comisiei teritoriale la şedinţa ordinară. 15. Materialele şedinţelor, corespondenţa, datele statistice, procesele-verbale, alte informaţii şi materiale pri- vind activitatea comisiei teritoriale sînt păstrate la organul executiv al administraţiei publice locale. 16. Ordinea de zi a şedinţelor comisiei teritoriale se întocmeşte de secretarul responsabil, în baza planului de activitate sau a propunerilor înaintate de preşedintele şi membrii comisiei teritoriale. 17. Ordinea de zi se aduce la cunoştinţa membrilor comisiei teritoriale cu cel puţin 5 zile înainte de convo- carea şedinţei, cu prezentarea materialelor care urmează să fie examinate în cadrul şedinţei. 18. Şedinţele comisiei teritoriale se convoacă ori de cîte ori este necesar, dar nu mai rar decît o dată în tri- mestru şi sînt deliberative dacă la ele participă majoritatea membrilor. 19. Şedinţele comisiei teritoriale se ţin în orele de program. În perioada de activitate a comisiei, membrilor ei li se păstrează salariul mediu lunar la locul permanent de muncă. 20. Procesul-verbal al şedinţei comisiei teritoriale se întocmeşte de secretarul responsabil, în termen de 3 zile de la data desfăşurării şedinţei. 21. Fiecare şedinţă este publică şi se încheie prin adoptarea unei decizii, care va fi anunţată prin intermediul mass-media. 22. Deciziile comisiei teritoriale se aprobă cu votul majorităţii membrilor prezenţi la şedinţă. 23. Deciziile comisiei teritoriale sînt semnate de către preşedintele şi secretarul acesteia. 24. Deciziile comisiei teritoriale şi extrasele din procesele-verbale sînt prezentate Comitetului naţional.
V. CONLUCRAREA DINTRE COMISIA TERITORIALĂ ŞI COMITETUL NAŢIONAL
25. Deciziile Comitetului naţional sînt executorii pentru comisia teritorială. 26. Activitatea comisiilor teritoriale poate fi examinată şi apreciată la şedinţa Comitetului naţional, care şi exercită controlul asupra activităţii acestora. 27. Comisia teritorială informează Comitetul naţional, pînă la 10 ianuarie şi 10 iulie, despre activităţile de prevenire şi combatere a traficului de fiinţe umane întreprinse în teritoriu, înaintînd propuneri de eficientizare a acestora.
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22. HOTĂRÎRE pentru aprobarea Regulamentului privind procedura de repatriere a copiilor şi adulţilor – victime ale traficului de fiinţe umane, traficului ilegal de migranţi, precum şi a copiilor neînsoţiţi nr. 948 din 07.08.2008 Monitorul Oficial nr.152-153/949 din 12.08.2008
*** Guvernul HOTĂRĂŞTE: 1. Se aprobă Regulamentul privind procedura de repatriere a copiilor şi adulţilor – victime ale traficului de fiinţe umane, traficului ilegal de migranţi, precum şi a copiilor neînsoţiţi (se anexează). 2. Organele centrale de specialitate ale administraţiei publice vor asigura implementarea prevederilor Re- gulamentului privind procedura de repatriere a copiilor şi adulţilor – victime ale traficului de fiinţe umane, traficului ilegal de migranţi, precum şi a copiilor neînsoţiţi. 3. Ministerul Finanţelor va aloca anual, începînd cu anul bugetar 2009, resurse bugetare pentru repatrierea persoanelor nominalizate, în conformitate cu prevederile sus-numitului Regulament. 4. Controlul asupra executării prezentei hotărîri se pune în sarcina Comitetului naţional pentru combaterea traficului de fiinţe umane.
PRIM-MINISTRU Zinaida GRECEANÎI
Contrasemnează: Viceprim-ministru, ministrul afacerilor externe şi integrării europene Andrei Stratan Ministrul afacerilor interne Valentin Mejinschi Ministrul protecţiei sociale, familiei şi copilului Galina Balmoş Ministrul finanţelor Mariana Durleşteanu
Chişinău, 7 august 2008. Nr.948.
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Aprobat prin Hotărîrea Guvernului nr.948 din 7 august 2008
Notă: În tot cuprinsul Regulamentului sintagma “Ministerul Protecţiei Sociale, Familiei şi Copilului” se sub- stituie prin sintagma “Ministerului Muncii, Protecţiei Sociale şi Familiei” conform Hot.Guv. nr.130 din 22.02.2010, în vigoare 26.02.2010
REGULAMENT privind procedura de repatriere a copiilor şi adulţilor – victime ale traficului de fiinţe umane, traficului ilegal de migranţi, precum şi a copiilor neînsoţiţi
Capitolul I PREVEDERI GENERALE
1. Prezentul Regulament stabileşte procedurile de: repatriere în ţară a victimelor traficului de fiinţe umane (adulţi şi copii); a copiilor neînsoţiţi de părinţi sau de reprezentanţi legali aflaţi pe teritoriul statelor străine (în continuare – copii neînsoţiţi) şi a victimelor trafi- cului ilegal de migranţi; acoperire a cheltuielilor suportate în procesul de repatriere în ţară a victimelor traficului de fiinţe umane (adulţi şi copii); a copiilor neînsoţiţi şi a victimelor traficului ilegal de migranţi; identificare a părinţilor sau a altor reprezentanţi legali ai copiilor, a victimelor traficului lipsite de capacitate de exerciţiu sau cu capacitate de exerciţiu limitată; protecţie, în regim de urgenţă, a persoanelor prevăzute de prezentul Regulament prin serviciile competente de protecţie. 2. În sensul prezentului Regulament, noţiunile utilizate semnifică următoarele: victimă a traficului de fiinţe umane – persoana fizică prezumată sau constatată ca fiind supusă acţiunilor de trafic consemnate la punctele 1) şi 2) ale articolului 2 ale Legii nr.241-XVI din 20 octombrie 2005 privind prevenirea şi combaterea traficului de fiinţe umane; victimă a traficului ilegal de migranţi – persoana care a fost supusă acţiunilor prevăzute la art.3621 din Codul penal; copil neînsoţit – persoana sub 18 ani, care a fost găsită fără însoţitor pe teritoriul unui stat străin. 3. Prevederile prezentului Regulament se aplică faţă de persoanele menţionate la punctul 2 al Regulamentu- lui – cetăţeni ai Republicii Moldova sau apatrizi, care aveau dreptul de a locui permanent în Republica Moldova la momentul intrării pe teritoriul unui alt stat. 4. Prezentul Regulament prevede desemnarea unor persoane de contact pentru toate ministerele respon- sabile (Ministerul Muncii, Protecţiei Sociale şi Familiei, Ministerul Afacerilor Externe şi Integrării Europene, Ministerul Afacerilor Interne, Ministerul Educaţiei şi Tineretului, Ministerul Dezvoltării Informaţionale), pre- cum şi pentru oficiile consulare ale Republicii Moldova în străinătate, misiunile diplomatice şi alte organizaţii din domeniu.
Capitolul II PRINCIPII
5. Repatrierea în ţară a persoanelor specificate la punctul 2 al prezentului Regulament se efectuează în mod voluntar, în baza unui acord scris, semnat de ele, cu excepţia copiilor pînă la 10 ani, sau, după caz, semnat de către reprezentantul legal al persoanei, prin care acceptă asistenţa în procesul de repatriere. Repatrierea va fi asistată şi în situaţia în care, potrivit legislaţiei statului străin, nu există posibilitate ca persoana să rămînă tem- porar sau permanent pe teritoriul acestui stat.
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6. Procedurile de repatriere se iniţiază doar după ce autorităţile competente se asigură de faptul că opinia persoanei privind repatrierea ei este luată în considerare. 7. Ţinînd cont de vîrsta şi de nivelul de maturitate al copilului opinia acestuia va fi luată în considerare în toate deciziile şi acţiunile care ar putea sa-l afecteze, cu excepţia cazurilor prevăzute la punctul 5 al prezentului Regulament, inclusiv: întoarcerea în ţara de origine, reunificarea cu familia biologică, familia extinsă sau plasa- rea în alte forme de îngrijire etc. 8. Repatrierea copiilor se efectuează cu respectarea interesului superior al copilului, prezentîndu-se în acest sens acte ce confirmă soluţia durabilă pentru îngrijirea copilului. 9. Decizia de repatriere a copilului este luată doar în cazul în care poate fi organizată o reunificare sigură a copilului cu familia sau în care, după consultarea cu Ministerul Muncii, Protecţiei Sociale şi Familiei, o instituţie potrivită este de acord şi poate oferi protecţie şi îngrijire adecvată imediat după sosirea copilului în Republica Moldova. Autorităţile competente implicate recunosc faptul că repatrierea ar putea să nu aibă loc. Dacă, după evaluarea anchetei socio-familiale, a riscului şi a securităţii, a nivelului de integrare a copilului în ţara-gazdă şi a duratei absenţei din ţara natală, dezirabilităţii de continuare a procesului de educaţie a copilului în ţara-gazdă şi a particularităţilor etnice, religioase, culturale şi lingvistice ale copilului, există indici, potrivit cărora repatri- erea nu este în interesul superior al copilului, autorităţile competente pot lua decizia de nerepatriere a copilului. 10. În cazul în care vîrsta persoanei identificate în străinătate nu se cunoaşte cu siguranţă, dar există motive de a crede că este un copil, persoana va fi tratată ca copil, fiindu-i acordate toate măsurile de protecţie speciale, stipulate în prezentul Regulament şi în actele normative referitoare la drepturile şi protecţia copilului pînă la stabilirea vîrstei exacte. 11. Persoanei i se va oferi în limba sa maternă sau în oricare limbă pe care o cunoaşte, luînd în considerare nivelul ei de înţelegere, toată informaţia relevantă ce ţine de drepturi, serviciile disponibile, mijloacele de co- municare, de identificare a familiei, de căutare a unei instituţii de protecţie şi alte informaţii privind situaţia din ţara de origine. 12. Orice informaţie privind identitatea persoanei va fi examinată de către instituţiile competente, cu res- pectarea principiului de confidenţialitate, pentru a evita stigmatizarea şi punerea în pericol a persoanei şi a rudelor acesteia. 13. Identitatea sau detaliile ce asigură identificarea copilului nu sînt făcute publice prin mass-media sau prin orice alte mijloace, cu excepţia circumstanţelor excepţionale în care este necesară facilitarea identificării membrilor familiei sau pentru a asigura protecţia copilului. 14. Datele personale vor fi procesate (compilate, înregistrate, stocate, corectate, şterse şi transmise) cu con- simţămîntul persoanelor menţionate la punctul 2 al prezentului Regulament, sau după caz reprezentanţilor lor legali, respectînd dreptul la viaţa privată şi la identitate. Persoana are dreptul să cunoască ce instituţie deţine informaţia despre ea şi să obţină o copie a informaţiei respective. 15. Ministerul Muncii, Protecţiei Sociale şi Familiei este responsabil de efectuarea tuturor acţiunilor ce ţin de pregătirea şi demararea procedurilor de repatriere a persoanelor specificate la punctul 2 al prezentului Re- gulament. 16. Activităţile ce vizează identificarea victimelor traficului de persoane şi a familiilor acestora, eliberarea actelor de călătorie şi de identitate pentru persoanele menţionate la punctul 2 al prezentului Regulament, pre- cum şi serviciile necesare de traducere/interpretare, în limita prevederilor legale, urmează a fi scutite de plata taxelor consulare şi de achitarea altor plăţi şi/sau taxe existente. 17. Cheltuielile de transport al persoanei repatriate şi al însoţitorilor acesteia vor fi suportate în conformita- te cu acordurile de readmisie sau alte acorduri de cooperare semnate de către Republica Moldova cu alte state. 18. În cazul în care nu există acorduri de readmisie semnate, aceste cheltuieli sînt acoperite de către Minis- terul Muncii, Protecţiei Sociale şi Familiei.
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Capitolul III COLABORAREA CU AUTORITĂŢILE COMPETENTE DIN ŢARA DE DESTINAŢIE PENTRU IDENTIFICAREA LOCULUI AFLĂRII PERSOANEI, PLASAREA ACESTEIA SUB PROTECŢIE ŞI INIŢIEREA PROCEDURII DE REPATRIERE
19. Autorităţile responsabile de implementarea prezentului Regulament vor intensifica cooperarea cu auto- rităţile altor ţări, cu organizaţiile internaţionale şi organizaţiile nonguvernamentale din ţară şi din străinătate în vederea perfecţionării şi eficientizării procedurilor de repatriere, precum şi a procedurilor de căutare a per- soanelor despre care, în baza informaţiilor disponibile, se crede că sînt victime ale traficului de fiinţe umane, victime ale traficului ilegal de migranţi sau sînt copii neînsoţiţi. 20. Autorităţile competente de stat, precum şi alte persoane, instituţii sau asociaţii din Republica Moldova, în termen de 5 zile lucrătoare din momentul primirii informaţiei despre existenţa într-o ţară străină a persoa- nelor prevăzute la punctul 2 al prezentului Regulament, trebuie să informeze în scris Ministerul Muncii, Pro- tecţiei Sociale şi Familiei, care, prin intermediul Ministerului Afacerilor Externe şi Integrării Europene solicită asistenţa misiunilor diplomatice şi consulare ale Republicii Moldova la acest capitol. 21. Prevederile punctului 20 vor fi îndeplinite şi în cazul în care informaţia privind prezenţa persoanelor prevăzute la punctul 2 al prezentului Regulament a parvenit nemijlocit de la persoanele în cauză sau de la fami- liile acestora, precum şi în caz de notificare din partea unei terţe persoane. 22. Misiunile diplomatice şi consulare ale Republicii Moldova, imediat după recepţionarea informaţiei des- pre aflarea în ţara de reşedinţă a persoanelor prevăzute la punctul 2 al prezentului Regulament, întreprind mă- surile necesare în vederea identificării acestor persoane şi solicită autorităţilor competente din ţara respectivă informaţia despre datele şi documentele de identitate ale persoanelor în cauză; alte informaţii utile şi necesare pentru aceasta; masurile de protecţie aplicate; starea psiho-somatică şi aptitudinea persoanei de a călători, acor- dul la repatriere etc. 23. Misiunile diplomatice şi consulare ale Republicii Moldova asigură transmiterea informaţiei de la insti- tuţiile autorizate din Moldova şi din ţara de destinaţie în termen de 5 zile lucrătoare, dacă acordurile internaţi- onale la care Republica Moldova este parte nu prevăd o altă procedură în acest sens. 24. Misiunile diplomatice şi consulare ale Republicii Moldova, prin intermediul Ministerului Afacerilor Externe şi Integrării Europene informează Ministerul Muncii, Protecţiei Sociale şi Familiei, în termen de 5 zile lucrătoare, despre persoane specificate la punctul 2 al prezentului Regulament, care solicită sau necesită repatriere. 25. Misiunile diplomatice şi consulare sînt responsabile pentru adresarea demersurilor către autorităţile ţă- rii pe teritoriul căreia a fost depistată vreo persoană din cele specificate la punctul 2 al prezentului Regulament şi intervin pe lîngă autorităţile acestei ţări în vederea obţinerii măsurilor de protecţie şi asistenţă adecvate pînă la momentul repatrierii. 26. Misiunile diplomatice şi consulare, conform legislaţiei ţării respective şi acordurilor bilaterale şi multila- terale, acordă persoanelor specificate la punctul 2 al prezentului Regulament asistenţă pentru traducere, cazare, asistenţă medicală de urgenţă şi alte necesităţi, după caz.
Capitolul IV PROCEDURILE DE REPATRIERE A COPILULUI
Secţiunea 1 Verificarea identităţii copilului, documentarea acestuia şi iniţierea procedurii de căutare a familiei sau a reprezentantului său legal
27. În cazul în care copilul depistat nu deţine nici un document, care i-ar putea confirma identitatea, misiu- nile diplomatice şi consulare verifică identitatea acestuia prin sistemul automatizat ACCES sau solicită asistenţa Ministerului Dezvoltării Informaţionale în acest sens.
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28. Ministerul Dezvoltării Informaţionale întreprinde măsurile necesare pentru identificarea copilului şi comunică rezultatele verificării Ministerului Afacerilor Externe şi Integrării Europene şi Ministerului Muncii, Protecţiei Sociale şi Familiei în termen de 3 zile lucrătoare de la primirea solicitării. 29. Dacă Ministerul Dezvoltării Informaţionale nu dispune de informaţii referitoare la copil (naşterea nu a fost înregistrată în Registrul de Stare Civilă), responsabilitatea de verificare a identităţii copilului se pune în seama Ministerului Muncii, Protecţiei Sociale şi Familiei care, în colaborare cu Ministerul Dezvoltării Informaţionale, Ministerul Afacerilor Interne şi autorităţile administraţiei publice locale, va întreprinde următoarele acţiuni: 1) va stabili locul naşterii copilului; 2) va obţine informaţia de la subdiviziunile Ministerului Sănătăţii privind naşterea copilului de la părinţi- cetăţeni ai Republicii Moldova; 3) va obţine informaţia despre părinţi în cazurile în care naşterea nu a fost înregistrată la organul de stare civilă sau la oficiile consulare ale Republicii Moldova din străinătate în vederea constatării faptului naşterii copilului; 4) va iniţia procedurile de înregistrare tardivă sau ulterioară a naşterii copilului la organele de stare civilă, potrivit prevederilor Legii nr.100-XV din 26 aprilie 2001 privind actele de stare civilă. 30. Ministerul Muncii, Protecţiei Sociale şi Familiei va informa, prin intermediul Ministerului Afacerilor Externe şi Integrării Europene, autorităţile din ţara de destinaţie despre demararea şi evoluţia procesului de identificare a copilului. 31. După recepţionarea informaţiei despre copil, Ministerul Muncii, Protecţiei Sociale şi Familiei, în regim de urgenţă, va iniţia procedura de identificare a familiei/reprezentantului legal al copilului (sau, după caz, a instituţiei de plasament ce are obligaţia de îngrijire a copilului) şi va solicita acordul acestora la repatriere, cu excepţia cazurilor în care activitatea de căutare sau modalitatea în care această procedura este efectuată contra- vine intereselor copilului. 32. În cazul în care persoanele vizate la punctul 31 al prezentului Regulament nu sînt găsite la domiciliu sau nu-şi dau acordul pentru repatrierea copilului, Ministerul Muncii, Protecţiei Sociale şi Familiei înştiinţează au- toritatea tutelară de la ultimul domiciliu cunoscut al copilului sau al familiei, care, în termen de 5 zile, eliberează avizul pentru repatrierea copilului, asigurînd, după caz, măsurile de protecţie a acestuia. 33. Dacă familia copilului nu poate fi identificată, Ministerul Muncii, Protecţiei Sociale şi Familiei solicită misiunii diplomatice sau consulare să intervină pe lîngă autorităţile locale din ţara de destinaţie pentru a asigu- ra posibilitatea de a discuta cu copilul, în scopul colectării datelor biografice şi sociale, implicînd în acest sens reprezentanţii misiunii diplomatice sau consulare sau, după caz, alţi specialişti desemnaţi, informînd despre rezultate Ministerul Muncii, Protecţiei Sociale şi Familiei. 34. Dacă identitatea copilului nu poate fi stabilită, Ministerul Muncii, Protecţiei Sociale şi Familiei, prin in- termediul Ministerului Afacerilor Externe şi Integrării Europene, informează autorităţile de protecţie din ţara de destinaţie despre faptul că copilul nu poate fi încadrat în categoria persoanelor specificate la punctul 2 al prezentului Regulament şi, prin urmare, autorităţile moldoveneşti nu-şi asumă în continuare responsabilitatea pentru repatrierea copilului respectiv. 35. În procesul repatrierii şi după repatriere Ministerul Muncii, Protecţiei Sociale şi Familiei, în colaborare cu Ministerul Afacerilor Interne, va asigura evaluarea riscurilor şi a securităţii copilului şi a familiei acestuia, care va include examinarea unor posibile acţiuni de: stigmatizare/hărţuire din partea societăţii sau familiei; ameninţare, reprimare sau constrîngere a copilului sau rudelor acestuia din partea traficanţilor sau a complici- lor acestora; retraficare. 36. În cazul în care s-a stabilit că aflarea copilului identificat pe teritoriul unui stat străin este rezultatul unor fapte cu caracter penal, Ministerul Afacerilor Interne va iniţia procedurile penale de investigare a cazului. 37. Ministerul Muncii, Protecţiei Sociale şi Familiei solicită autorităţilor competente din raza teritorială în care copilul şi familia sa au avut ultimul domiciliu cunoscut efectuarea, în regim de urgenţă, a anchetei sociale a familiei şi întocmirea planului individual iniţial referitor la pregătirea reintegrării sociale a copilului. 38. Pe măsura acumulării informaţiilor relevante despre copil şi familie (identitate, evaluare primară a fa- miliei, plan individual iniţial etc.), Ministerul Muncii, Protecţiei Sociale şi Familiei le va transmite autorităţilor ţării de destinaţie prin intermediul Ministerului Afacerilor Externe şi Integrării Europene, misiunilor diploma- tice şi consulare. Odată cu finalizarea dosarului, Ministerul Muncii, Protecţiei Sociale şi Familiei va informa ţara de destinaţie despre: data repatrierii, însoţitor, mijlocul de transport al copilului, punctele de trecere a frontierei, măsurile necesare de pregătire a copilului pentru deplasare etc.
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Secţiunea 2 Repatrierea copilului şi plasarea sub protecţie
39. După obţinerea acordului pentru repatriere de la autorităţile din ţara de destinaţie, Ministerul Muncii, Protecţiei Sociale şi Familiei: 1) planifică repatrierea şi efectuează aranjamentele logistice în limita resurselor disponibile; 2) emite un ordin de desemnare a însoţitorului/lor, care trebuie să deţină capacităţile necesare pentru înde- plinirea misiunii; 3) întocmeşte o scrisoare de însoţire în care se indică datele însoţitorului/lor şi ale copilului care urmează a fi repatriat, punctele de trecere a frontierei şi, după caz, alte informaţii relevante, pentru a fi prezentate de însoţitor/i la solicitarea autorităţilor implicate în repatriere; 4) efectuează traducerea documentelor care urmează a fi transmise în acest sens autorităţilor statului de destinaţie. 40. În cazul repatrierii copilului printr-o ţară terţă, misiunile diplomatice şi consulare ale Republicii Mol- dova din ţara terţă acordă asistenţă în vederea facilitării permisiunii de tranzit şi eliberării documentelor de tranzit. Dacă este necesar, misiunile diplomatice şi consulare contactează autorităţile din ţara de tranzit pentru urgentarea tranzitului, obţinerea documentelor de tranzit necesare, acordarea asistenţei în localizarea/ identifi- carea/ transportarea/ însoţirea de la punctele de intrare/ ieşire în ţara de tranzit în baza unui acord de readmisie, facilitarea comunicării cu părinţii aflaţi într-o ţară terţă şi facilitarea reunificării familiale într-o ţară terţă. 41. Ministerul Afacerilor Externe şi Integrării Europene acordă asistenţă în vederea obţinerii vizei/vizelor pentru deplasarea în ţara de destinaţie a însoţitorului şi întreprinde acţiuni în scopul depăşirii obstacolelor apărute în ţara de destinaţie în procesul repatrierii. 42. La sosire copilul este întîmpinat de părinţi sau alţi reprezentanţi legali. În caz contrar, autoritatea tutelară de la ultimul domiciliu al părinţilor sau, după caz, Ministerul Muncii, Protecţiei Sociale şi Familiei, desemnează o persoană care însoţeşte copilul la domiciliu sau la instituţia de protecţie determinată şi informată din timp. 43. În cazul în care copilul va fi întîmpinat la punctul de trecere a frontierei de lucrătorul unei instituţii de protecţie, însoţitorul copilului şi persoana desemnată pentru primire semnează un proces-verbal privind pre- darea/primirea copilului repatriat. 44. Dacă autorităţile din ţara de destinaţie îşi asumă responsabilitatea pentru însoţirea şi repatrierea co- piilor, misiunile diplomatice şi consulare informează Ministerul Muncii, Protecţiei Sociale şi Familiei despre decizia acestora şi detaliile relevante cu privire la repatrierea planificată.
Secţiunea 3 Reabilitarea, monitorizarea şi raportarea
45. Instituţia de protecţie care a preluat copilul repatriat la punctul de frontieră sau la locul destinaţiei finale devine responsabilă de viaţa şi securitatea acestuia şi iniţiază procesul de reabilitare a copilului, reieşind din vîrsta, problemele acestuia, din sugestiile oferite de către autorităţile implicate în repatriere din ţara de destinaţie etc. 46. Ministerul Muncii, Protecţiei Sociale şi Familiei solicită autorităţilor tutelare de la domiciliul copilu- lui sau din unitatea administrativ-teritorială, în raza căreia activează instituţia de protecţie unde a fost plasat copilul repatriat, întreprinderea măsurilor necesare de reintegrare socio-familială a copilului sau alegerea şi instituirea unei alte forme de protecţie, în corespundere cu legislaţia. 47. Autoritatea tutelară, monitorizează situaţia acestuia conform prevederilor legislaţiei, prezentînd rapoar- te corespunzătoare Ministerului Muncii, Protecţiei Sociale şi Familiei. 48. Informaţia relevantă privind procedura de repatriere, reintegrare şi monitorizare a copilului după repa- triere se concentrează într-un dosar special al copilului şi se păstrează la Ministerul Muncii, Protecţiei Sociale şi Familiei. 49. La solicitarea din partea autorităţilor străine competente a unor informaţii privind situaţia de după re- patriere a persoanelor specificate la punctul 2 al prezentului Regulament, Ministerul Muncii, Protecţiei Sociale şi Familiei, cu acordul prealabil al persoanelor în cauză sau al reprezentanţilor legali ai acestora, le va prezenta informaţia relevantă prin intermediul Departamentului afaceri consulare al Ministerului Afacerilor Externe şi Integrării Europene.
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Capitolul V PROCEDURILE DE REPATRIERE A ADULŢILOR
Secţiunea 1 Verificarea identităţii persoanei şi documentarea ei în scopul iniţierii procedurii de repatriere
50. Dacă persoana adultă, specificată la punctul 2 al prezentului Regulament, nu deţine nici un act de iden- titate, misiunile diplomatice şi consulare verifică identitatea persoanei prin sistemul automatizat ACCES sau solicită asistenţa Ministerului Dezvoltării Informaţionale în acest sens. Ministerul Dezvoltării Informaţionale întreprinde măsurile necesare pentru identificarea persoanei adulte şi comunică rezultatele verificării Departamentului afaceri consulare şi Ministerului Muncii, Protecţiei Sociale şi Familiei în termen de 3 zile lucrătoare de la primirea solicitării. 51. Misiunile diplomatice şi consulare eliberează persoanei care face obiectul repatrierii documentele nece- sare în termen de 3 zile. 52. Misiunile diplomatice şi consulare şi consulii onorifici ai Republicii Moldova într-o ţară terţă vor acorda asistenţă pentru facilitarea permisiunii de tranzit şi pentru eliberarea documentelor de călătorie în vederea repatrierii persoanei respective. În caz de necesitate, misiunile diplomatice, oficiile consulare şi consulii onorifici ai Republicii Moldova vor contacta autorităţile din ţara terţă pentru a urgenta tranzitul fizic; obţinerea documentelor de tranzit necesare; acordarea asistenţei în localizarea/ identificarea/ transportarea/ însoţirea de la punctele de intrare/ ieşire în ţara de tranzit în baza unui acord de readmisie; facilitarea comunicării cu părinţii sau copiii aflaţi într-o ţară terţă şi facilitarea reunificării familiale într-o ţară terţă. 53. În procesul repatrierii şi după repatriere Ministerul Muncii, Protecţiei Sociale şi Familiei, în colabo- rare cu Ministerul Afacerilor Interne va asigura evaluarea riscurilor şi a securităţii persoanei ce urmează a fi repatriată şi a familiei acesteia, care va include examinarea unor posibile acţiuni de: stigmatizare/hărţuire din partea societăţii sau familiei; ameninţare, reprimare sau constrîngere a persoanei sau rudelor acesteia din partea traficanţilor sau a complicilor acestora; retraficare. 54. Pentru evaluarea eficientă şi corectă a riscului se va ţine cont de opiniile persoanei respective pe toată durata acestui proces, decizia de repatriere bazîndu-se pe participarea benevolă a persoanei în procedura de repatriere. 55. Dacă, în urma evaluării riscului şi securităţii, se stabileşte că există un pericol iminent pentru viaţa şi sănătatea persoanei ce urmează a fi repatriată, la solicitarea Ministerului Muncii, Protecţiei Sociale şi Familiei, serviciul competent din cadrul Ministerului Afacerilor Interne desemnează unul sau mai mulţi însoţitori poli- ţişti care se vor deplasa în ţara de destinaţie în scopul însoţirii persoanei pe tot parcursul călătoriei sau vor înt- împina persoana la punctul de trecere a frontierei în Republica Moldova, asigurînd securitatea fizică a acesteia. 56. Dacă persoana care urmează a fi repatriată are probleme psiho-somatice grave, confirmate prin certi- ficatul referitor la aptitudinea persoanei de călătorie, eliberat de autorităţile competente din ţara de destinaţie, Ministerul Sănătăţii, la solicitarea Ministerului Muncii, Protecţiei Sociale şi Familiei, va desemna unul sau mai mulţi specialişti de profil care se vor deplasa în ţara de destinaţie în scopul însoţirii persoanei pe tot parcursul călătoriei sau vor întîmpina persoana la punctul de trecere a frontierei în Republica Moldova.
Secţiunea 2 Repatrierea persoanei şi plasarea sub protecţie
57. Ministerul Muncii, Protecţiei Sociale şi Familiei este responsabil pentru îndeplinirea tuturor acţiunilor ce ţin de pregătirea şi demararea procedurilor de repatriere a persoanei (ancheta socio-familială solicitată, sta- bilirea datei şi condiţiilor de repatriere, desemnarea însoţitorului, asigurarea plasamentului în regim de urgenţă şi/sau de lungă durată la întoarcerea în ţară, referirea cazului către serviciile disponibile). 58. După finalizarea acţiunilor de evaluare a riscului şi a securităţii, eliberarea actelor de călătorie şi obţine- rea acordului pentru repatriere din partea persoanei în cauză, Ministerul Muncii, Protecţiei Sociale şi Familiei planifică repatrierea, măsurile de protecţie ce vor fi luate şi comunică misiunilor diplomatice şi oficiilor consu-
245 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
lare, Ministerului Afacerilor Interne, Serviciului Grăniceri numele şi prenumele persoanei repatriate, numărul şi seria actelor de călătorie, mijlocul de transport, data şi ora sosirii în punctul de trecere a frontierei în timpul intrării pe teritoriul Republicii Moldova. În cazul în care persoana este însoţită, se va oferi o informaţie cu pri- vire la datele de identitate ale însoţitorului/însoţitorilor. 59. Serviciul Grăniceri de la punctul de trecere a frontierei Republicii Moldova facilitează accesul reprezen- tanţilor Ministerului Muncii, Protecţiei Sociale şi Familiei, Ministerului Afacerilor Interne, Ministerului Sănă- tăţii desemnaţi să întîmpine persoana repatriată şi să o însoţească la domiciliul său sau la instituţia specializată determinată din timp.
Secţiunea 3 Reabilitarea, monitorizarea şi raportarea
60. După încheierea procedurii de repatriere, Ministerul Muncii, Protecţiei Sociale şi Familiei, în conformi- tate cu acordul voluntar exprimat de persoana repatriată, va întreprinde toate măsurile necesare pentru reabili- tarea şi reintegrarea acesteia, în cadrul Sistemului naţional de referire pentru asistenţa şi protecţia victimelor şi potenţialelor victime ale traficului de fiinţe umane. 61. Orice documentare şi monitorizare a cazurilor individuale trebuie să fie efectuate cu respectarea drep- tului la intimitate şi a standardelor internaţionale şi regionale privind protecţia informaţiei. 62. În cazurile în care autorităţile străine competente solicită informaţii privind situaţia persoanei după repatriere, Ministerul Muncii, Protecţiei Sociale şi Familiei va comunica acestora orice informaţie cu relevanţă în acest sens, avînd acordul prealabil al persoanei în cauză.
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23. HOTĂRÎRE privind aprobarea Strategiei Sistemului Naţional de Referire pentru Protecţia şi Asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane şi a Planului de acţiuni privind implementarea Strategiei Sistemului Naţional de Referire pentru Protecţia şi Asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane pe anii 2009-2011 nr. 257-XVI din 05.12.2008*
Parlamentul hotărăşte. Art.1. – Se aprobă: - Strategia Sistemului naţional de referire pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane, expusă în anexa nr.1, parte integrantă a prezentei hotărîri; - Planul de acţiuni privind implementarea Strategiei Sistemului naţional de referire pentru protecţia şi asis- tenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane pe anii 2009-2011, expus în anexa nr.2, parte integrantă a prezentei hotărîri. Art.2. – Implementarea strategiei menţionate va fi asigurată din contul şi în limitele alocaţiilor prevăzute în bugetele corespunzătoare, precum şi în limitele mijloacelor provenite din alte surse, conform actelor normative în vigoare. Art.3. – Organele centrale de specialitate ale administraţiei publice şi autorităţile administraţiei publice locale vor întreprinde măsurile ce se impun pentru realizarea strategiei şi a planului de acţiuni menţionate, în limitele competenţelor atribuite, şi vor raporta semestrial Ministerului Protecţiei Sociale, Familiei şi Copilului rezultatele obţinute. Art.4. – Ministerul Protecţiei Sociale, Familiei şi Copilului: - va monitoriza şi va coordona procesul de implementare a strategiei şi a planului de acţiuni menţionate; - va generaliza informaţiile şi va prezenta anual, pînă la data de 30 martie, Guvernului şi Comitetului naţi- onal pentru combaterea traficului de fiinţe umane un raport privind implementarea strategiei şi a planului de acţiuni. Art.5. – Guvernul va asigura realizarea prezentei hotărîri şi va informa periodic Parlamentul despre imple- mentarea strategiei menţionate.
PREŞEDINTELE PARLAMENTULUI Marian LUPU Chişinău, 5 decembrie 2008. Nr.257-XVI.
* Monitorul Oficial nr.27-29/66 din 10.02.2009
247 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Anexa nr.1
STRATEGIA Sistemului naţional de referire pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane
INTRODUCERE
Traficul de fiinţe umane reprezintă o problemă actuală pentru societatea contemporană. Dimensiunile fe- nomenului, înregistrat pe scară globală, necesită acţiuni imediate din partea guvernelor tuturor ţărilor afectate de acest flagel. Traficul de fiinţe umane constituie o violare a drepturilor omului şi o lezare a demnităţii şi integrităţii fiinţei umane. Principiile dezvoltării societăţii democratice sînt incompatibile cu tratarea fiinţelor umane drept marfă. Organizaţiile internaţionale estimează numărul victimelor traficului de fiinţe umane la aproximativ 2,45 de milioane, majoritatea fiind femei şi copii. Proporţiile fenomenului impun necesitatea de a întreprinde unele acţiuni de amploare în vederea mobiliză- rii resurselor, consolidării eforturilor guvernelor şi ale societăţii civile în cadrul unui parteneriat eficient pentru prevenirea şi combaterea traficului de fiinţe umane. Dezvoltarea unui sistem pertinent de acţiuni împotriva traficului de persoane este o soluţie adecvată pentru diminuarea acestui fenomen. Implementarea unui astfel de sistem este o preocupare majoră pentru Republica Moldova.
I. ANALIZA SITUAŢIEI
1. Traficul de fiinţe umane continuă să rămînă pentru Republica Moldova o problemă complexă, a cărei soluţionare nu trebuie amînată. Datele disponibile demonstrează că cetăţenii Republicii Moldova, în anii 2000- 2007, au fost supuşi exploatării în 32 de ţări ale lumii. Gravitatea situaţiei indică faptul că Republica Moldova, actualmente, rămîne o ţară de origine a traficului de fiinţe umane. De asemenea, deşi într-o măsură mai mică, Republica Moldova este o ţară de tranzit al victimelor traficului de fiinţe umane din ţările ex-sovietice către sta- tele europene. Sînt înregistrate cazuri de trafic în scopul prelevării de organe şi ţesuturi. În majoritatea cazurilor, victime ale traficului devin persoane private, iar victime ale traficului în scopul exploatării prin cerşit devin mi- norii şi mamele cu copii. Majoritatea victimelor traficului de fiinţe umane este reprezentată de populaţia paupe- rizată de la sate, cel mai frecvent de tinerii fără profesie şi fără loc de muncă, inclusiv de persoanele victime ale violenţei în familie. În Republica Moldova se constată şi fenomenul traficului intern: locuitorii din mediul rural sînt supuşi traficului în oraşele mari. În acest sens, organizaţiile neguvernamentale (obşteşti şi religioase) şi cele internaţionale depun eforturi considerabile, în cadrul implementării programelor de prevenire şi combatere a acestui fenomen, pentru prevenirea, identificarea şi acordarea asistenţei victimelor traficului de fiinţe umane. 2. Tendinţele demonstrează că limitele de vîrstă ale traficului se extind continuu. Frecvent sînt înregistrate cazuri de trafic de persoane cu vîrste mai mari de 25 de ani, precum şi de copii, comparativ cu perioada anteri- oară, cînd persoanele traficate aveau vîrste cuprinse între 18 şi 25 de ani. Metodele de recrutare şi transportare a victimelor traficului de fiinţe umane peste hotare, precum şi formele de exploatare devin mai diversificate. S-a mărit numărul cazurilor în care fostele victime ale traficului de fiinţe umane devin infractori prin recrutarea altor persoane. La nivel naţional nu există un sistem unitar de colectare a datelor privind traficul de fiinţe uma- ne. Instituţiile care desfăşoară acţiuni de prevenire şi combatere a traficului de fiinţe umane furnizează statistici diferite, în funcţie de specificul responsabilităţilor pe care le au în combaterea acestui fenomen sau în asistarea victimelor traficului de fiinţe umane. 3. În ultimii ani Guvernul a întreprins un şir de măsuri în vederea suprimării manifestărilor traficului de fiinţe umane şi protecţiei victimelor fenomenului menţionat. Astfel, Republica Moldova a ratificat mai multe acte internaţionale cu referire la traficul de fiinţe umane: Convenţia ONU împotriva criminalităţii transnaţionale organizate şi Protocolul privind prevenirea, reprima- rea şi pedepsirea traficului de persoane, în special al femeilor şi copiilor (2000), Convenţia Consiliului Europei privind lupta împotriva traficului de fiinţe umane (2005), Protocolul facultativ la Convenţia cu privire la drep- turile copilului, referitor la vînzarea de copii, prostituţia copiilor şi pornografia infantilă (2000). De asemenea, a fost adoptată Legea nr.241-XVI din 20 octombrie 2005 privind prevenirea şi combaterea traficului de fiinţe
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umane, au fost armonizate la actele normative internaţionale în domeniu Codul penal şi Codul cu privire la contravenţiile administrative (2005); au fost elaborate şi aprobate documente ce reglementează organizarea activităţilor în domeniul vizat: Planul naţional de prevenire şi combatere a traficului de fiinţe umane pe anii 2008-2009, Regulamentul-cadru de organizare şi funcţionare a centrelor de protecţie şi asistenţă a victimelor traficului de fiinţe umane (2006); au fost încheiate acorduri bilaterale în domeniul combaterii traficului de fiin- ţe umane cu un şir de state (Turcia, Federaţia Rusă, România, Ucraina ş.a.). Guvernul, concomitent cu dezvolta- rea cadrului legislativ, a creat structuri instituţionale: Comitetul naţional pentru combaterea traficului de fiinţe umane (2001), Consiliul coordonator al organelor de drept de pe lîngă Procurorul General (2007), comisiile teritoriale pentru combaterea traficului de fiinţe umane (2002). Cu suportul donatorilor, în cadrul Ministerului Afacerilor Interne a fost creat Centrul pentru combaterea traficului de persoane (2006). Totodată, în cadrul Mi- nisterului Protecţiei Sociale, Familiei şi Copilului a fost instituită unitatea de coordonare a Sistemului naţional de referire pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane (denu- mit în continuare SNR), finanţată de Organizaţia Internaţională pentru Migraţie, în baza Memorandumului de colaborare semnat de către părţi în 2006. În ultimii ani s-a constatat o creştere considerabilă a numărului de dosare penale intentate şi a numărului de persoane condamnate pentru infracţiuni ce ţin de traficul de fiinţe umane. Curtea Supremă de Justiţie a ge- neralizat rezultatele practicii judiciare pe cauzele cu privire la traficul de fiinţe umane, inclusiv traficul de copii, scoaterea ilegală a copiilor din ţară şi proxenetism (2006). 4. Măsurile întreprinse în ultimii doi ani au contribuit la stabilizarea situaţiei în acest domeniu, însă dimen- siunea fenomenului în cauză impune Guvernul să definească acţiuni concrete şi modalităţi noi de prevenire şi combatere a traficului de fiinţe umane.
II. ARGUMENTAREA NECESITĂŢII DE ABORDARE STRATEGICĂ A TRAFICULUI DE FIINŢE UMANE
5. În scopul organizării optime a protecţiei şi asistenţei victimelor traficului de fiinţe umane, realizării măsu- rilor de prevenire a traficului de fiinţe umane, consolidării eforturilor tuturor actorilor implicaţi în combaterea acestui fenomen în Republica Moldova, este necesară abordarea sistemică a acestei probleme. Constituirea SNR reflectă un cadru special de cooperare, prin care structurile guvernamentale îşi îndeplinesc obligaţiile privind protecţia şi promovarea drepturilor omului victimă a traficului de fiinţe umane şi îşi coordonează eforturile în parteneriat strategic cu societatea civilă, precum şi cu alţi actori activi în acest domeniu. SNR se bazează pe prac- ticile comune de organizare a activităţii în domeniul de referinţă şi pe standardele internaţionale de contracarare a traficului de fiinţe umane. 6. Dezvoltarea şi implementarea sistemelor de referire la nivel naţional sînt stipulate în Planul de acţiuni al OSCE de combatere a traficului de fiinţe umane, aprobat la Maastricht în decembrie 2003 de către Consiliul de Miniştri, pre- cum şi în Planul de acţiuni “Republica Moldova – Uniunea Europeană” (pct.52), aprobat prin Hotărîrea Guvernului nr.356 din 22 aprilie 2005. Constituirea SNR contribuie la crearea şi dezvoltarea institutelor democratice ale statului bazat pe drept, precum şi asigură protecţia drepturilor şi libertăţilor fundamentale ale omului prin intermediul unui sistem de garanţii politico-juridice. Structura SNR şi modul de organizare implică toate nivelurile societăţii: persoane private, organizaţii neguvernamentale şi structuri de stat la nivel local, naţional şi transnaţional. 7. Elementele particulare de implementare a SNR în Republica Moldova sînt: - prevenirea traficului de fiinţe umane prin acordarea asistenţei sociale potenţialelor victime; - dezvoltarea cooperării transnaţionale – element complex şi deosebit de important pentru Republica Moldova. 8. Strategia SNR (denumită în continuare Strategie) are drept scop integrarea sistemului de protecţie şi asis- tenţă a victimelor traficului de fiinţe umane în sistemul de asistenţă socială. 9. Reformarea modului existent de protecţie şi asistenţă a victimelor traficului de fiinţe umane se va realiza pe etape, în vederea menţinerii calităţii asistenţei oferite şi a protecţiei intereselor legale ale victimelor acestui flagel. 10. Victime ale traficului de fiinţe umane devin deseori copiii aflaţi în dificultate, repatriaţi de către Minis- terul Protecţiei Sociale, Familiei şi Copilului în parteneriat cu Misiunea OIM în Moldova şi Fundaţia “Terre des hommes” din Federaţia Rusă şi din Ucraina (copii rămaşi fără îngrijire părintească, copii din familii aflate în si- tuaţii de risc etc.). Strategia naţională privind protecţia copilului şi familiei, aprobată prin Hotărîrea Guvernului nr.727 din 16 iunie 2003, a definit cadrul de soluţionare a problemelor copilului şi familiei, a promovat calitatea şi accesibilitatea la asistenţă socială, precum şi dezvoltarea unui sistem de servicii la nivel local.
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Specialiştii cu competenţă în domeniul prevenirii şi combaterii traficului de fiinţe umane (colaboratori ai poliţiei, asistenţi sociali, reprezentanţi ai agenţiilor locale) întîmpină unele dificultăţi de identificare a copilului victimă. De asemenea, nu este conştientizată pe deplin necesitatea de protecţie şi îngrijire specială pe care o necesită copilul. Mai mult de atît, între actorii responsabili pentru prevenirea şi combaterea fenomenului lip- seşte cooperarea şi comunicarea. Strategia vine să contribuie la implementarea obiectivelor privind protecţia copilului şi familiei în aspectele prevenirii traficului de fiinţe umane. 11. Prevederile Strategiei sînt în concordanţă cu priorităţile naţionale pe termen mediu din cadrul Strategiei naţionale de dezvoltare pe anii 2008-2011, adoptată prin Legea nr.295-XVI din 21 decembrie 2007, precum şi cu activităţile incluse în Planul de acţiuni privind implementarea Strategiei naţionale de dezvoltare pe anii 2008-2011, aprobată prin Hotărîrea Guvernului nr.191 din 25 februarie 2008.
III. SCOPUL, OBIECTIVELE ŞI PRINCIPIILE STRATEGIEI 12. Scopul Strategiei constă în asigurarea abordării sistemice a protecţiei şi asistenţei victimelor şi potenţialelor victime ale traficului de fiinţe umane, precum şi în asigurarea respectării drepturilor omului. 13. Strategia are drept obiectiv general implementarea abordării sistemice a protecţiei şi asistenţei victime- lor şi potenţialelor victime ale traficului de fiinţe umane. 14. Strategia este orientată spre realizarea următoarelor obiective specifice: - dezvoltarea sistemului de protecţie şi asistenţă a victimelor traficului de fiinţe umane în baza abordării sistemice; - armonizarea cadrului juridico-normativ privind prevenirea şi combaterea traficului de fiinţe umane cu cerinţele tratatelor internaţionale în domeniu; - asigurarea accesului victimelor şi potenţialelor victime ale traficului de fiinţe umane la servicii de calitate; - consolidarea capacităţilor profesionale ale resurselor umane în domeniul protecţiei şi asistenţei victimelor şi potenţialelor victime ale traficului de fiinţe umane; - consolidarea cadrului instituţional cu referire la domeniul prevenirii şi combaterii traficului de fiinţe uma- ne la toate nivelurile administraţiei publice; - dezvoltarea sistemului de protecţie a victimelor martori ai traficului de fiinţe umane care participă în procesul penal; - elaborarea mecanismului de finanţare a măsurilor de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane; - elaborarea instrumentelor şi procedurilor de referire a victimelor şi potenţialelor victime ale traficului de fiinţe umane în cadrul SNR; - dezvoltarea sistemului de monitorizare şi evaluare a victimelor şi potenţialelor victime ale traficului de fiinţe umane; - instituirea unui sistem de colectare a datelor privind prevenirea şi combaterea traficului de fiinţe umane, respectînd principiul protecţiei datelor personale; - dezvoltarea în cadrul SNR a parteneriatelor sociale în domeniul prevenirii şi combaterii traficului de fiinţe umane; - sensibilizarea populaţiei asupra prevenirii şi combaterii traficului de fiinţe umane. 15. Principiile Strategiei sînt următoarele: - respectarea şi restabilirea drepturilor fundamentale ale omului; - respectarea interesului superior al copilului victimă şi potenţială victimă a traficului de fiinţe umane; - confidenţialitatea informaţiei şi inviolabilitatea vieţii private a victimelor şi potenţialelor victime ale trafi- cului de fiinţe umane; - responsabilitatea statului pentru asigurarea protecţiei victimelor traficului de fiinţe umane; - nondiscriminarea; - abordarea individuală; - acordul victimei traficului de a beneficia de protecţie şi asistenţă; - accesul necondiţionat la protecţie şi asistenţă al victimei şi potenţialei victime a traficului de fiinţe umane; - parteneriatul social;
250 Acte normative actualizate
- abordarea multidisciplinară şi intersectorială; - dezvoltarea colaborării transnaţionale.
IV. BENEFICIARII STRATEGIEI
16. Beneficiari ai Strategiei sînt: - copii şi adulţi victime ale traficului de fiinţe umane; - copii şi adulţi potenţiale victime ale traficului de fiinţe umane; - familiile victimelor şi potenţialelor victime ale traficului de fiinţe umane, inclusiv familiile extinse; - specialişti din domeniul protecţiei şi asistenţei victimelor şi potenţialelor victime ale traficului de fiinţe umane; - reprezentanţii organelor centrale de specialitate ale autorităţilor publice şi ai autorităţilor administraţiei publice locale; - reprezentanţii societăţii civile.
V. MĂSURILE DE IMPLEMENTARE A STRATEGIEI
17. Dezvoltarea sistemului de protecţie şi asistenţă a victimelor traficului de fiinţe umane se efectuează în baza abordării sistemice prin: - consolidarea cadrului instituţional în domeniul prevenirii şi combaterii traficului de fiinţe umane la toate nivelurile autorităţilor publice; - constituirea SNR; - definirea structurii responsabile pentru coordonarea generală a acţiunilor în cadrul SNR; - dezvoltarea sistemului de monitorizare şi evaluare a victimelor şi potenţialelor victime ale traficului de fiinţe umane. 18. Armonizarea cadrului juridico-normativ privind prevenirea şi combaterea traficului de fiinţe umane cu cerinţele tratatelor internaţionale în domeniu prevede: - elaborarea regulamentelor cu privire la modul de organizare şi asigurare a protecţiei şi asistenţei victimelor şi potenţialelor victime ale traficului de fiinţe umane, inclusiv protecţia victimelor martori etc.; - modificarea Regulamentului Ministerului Protecţiei Sociale, Familiei şi Copilului cu privire la coordona- rea activităţilor la toate nivelurile SNR. Coordonarea se va efectua: la nivel naţional/transnaţional – de către Comitetul naţional pentru combaterea traficului de fiinţe umane, la nivel local – de către comisiile teritoriale pentru combaterea traficului de fiinţe umane; sub aspect general – de către Ministerul Protecţiei Sociale, Fami- liei şi Copilului, sub aspect operaţional – de către echipa multidisciplinară la nivel local/naţional/transnaţional; - elaborarea regulamentului de activitate a echipei multidisciplinare teritoriale din cadrul SNR; - întocmirea şi încheierea acordurilor bilaterale între state privind identificarea şi repatrierea victimelor şi potenţialelor victime ale traficului de fiinţe umane; - elaborarea standardelor minime de calitate pentru serviciile de protecţie şi asistenţă a victimelor şi poten- ţialelor victime ale traficului de fiinţe umane; - elaborarea mecanismului de acreditare a serviciilor de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane. 19. Asigurarea accesului la servicii de calitate al victimelor şi potenţialelor victime ale traficului de fiinţe umane se realizează prin: - oferirea protecţiei şi asistenţei speciale copiilor victime şi potenţiale victime ale traficului de fiinţe umane, pornind de la interesul superior al copilului, axîndu-se pe: integrarea (reintegrarea) copilului în familie şi în soci- etate; prezenţa şi acordul părinţilor sau reprezentanţilor legali ai copilului; oferirea protecţiei imediate, ţinînd cont de opinia copilului şi de gradul de maturitate a raţionamentelor sale; - dezvoltarea sistemului de asistenţă socială de stat pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane, inclusiv a copiilor, în conformitate cu politica statului privind reforma sistemului de protecţie socială a familiei şi drepturilor copilului;
251 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
- dezvoltarea reţelei locale de servicii pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane în parteneriat cu donatorii şi societatea civilă; - dotarea sistemului de servicii creat cu echipamente şi materiale de suport. 20. Consolidarea capacităţilor profesionale ale resurselor umane în domeniul protecţiei şi asistenţei victi- melor şi potenţialelor victime ale traficului de fiinţe umane se efectuează prin: - elaborarea curriculumului/modulelor de formare profesională iniţială şi continuă a specialiştilor din ca- drul SNR la subiectul prevenirea traficului de fiinţe umane şi asistenţa victimelor şi potenţialelor victime ale acestui trafic; - elaborarea materialelor didactice pentru implementarea modulelor de formare profesională; - implementarea curriculumului de formare profesională a specialiştilor în domeniul protecţiei sociale la subiectul prevenirea traficului de fiinţe umane şi asistenţa victimelor şi potenţialelor victime ale acestui trafic; - instituirea sistemului de atestare a cadrelor în domeniul protecţiei sociale la subiectul prevenirea traficului de fiinţe umane şi asistenţa victimelor şi potenţialelor victime ale acestui trafic. 21. Elaborarea mecanismului de finanţare a măsurilor de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane, inclusiv crearea programului de susţinere a victimelor traficului de fiinţe umane. 22. Instituirea unui sistem de colectare a datelor privind prevenirea şi combaterea traficului de fiinţe umane, respectînd principiul protecţiei datelor personale, se efectuează prin elaborarea: - conceptului sistemului informaţional de colectare a datelor; - regulamentului de administrare a sistemului informaţional; - acordului-cadru cu privire la regimul de colectare, prelucrare şi schimb de informaţii despre cazurile pri- vind traficul de fiinţe umane (între furnizorii de informaţii şi depozitar – Ministerul Protecţiei Sociale, Familiei şi Copilului). 23. Dezvoltarea în cadrul SNR a parteneriatelor sociale în domeniul prevenirii şi combaterii traficului de fiinţe umane se realizează prin: - încheierea acordului comun privind colaborarea între participanţii la SNR, precum şi a acordurilor bila- terale de colaborare; - consolidarea structurilor interdepartamentale de coordonare a acţiunilor actorilor SNR la diferite niveluri: la nivel central – grupurile de experţi; la nivel raional – comisiile teritoriale pentru combaterea traficului de fiinţe umane şi echipele multidisciplinare de coordonare; - promovarea parteneriatelor între structurile guvernamentale şi societatea civilă în procesul de elaborare şi implementare a politicilor în domeniu. 24. Sensibilizarea populaţiei asupra prevenirii şi combaterii traficului de fiinţe umane se efectuează prin: - elaborarea strategiei de comunicare în cadrul SNR; - elaborarea materialelor informaţionale privind traficul de fiinţe umane; - promovarea în mass-media a activităţilor cu referire la traficul de fiinţe umane; - implementarea campaniilor de comunicare în domeniul prevenirii traficului de fiinţe umane.
VI. RESURSELE FINANCIARE
25. Dezvoltarea SNR necesită majorarea treptată a resurselor financiare, precum şi diversificarea şi flexi- bilitatea mecanismelor financiare. Finanţarea activităţilor de implementare a Strategiei se va efectua în limita mijloacelor aprobate pe anii respectivi în bugetul de stat, în bugetele unităţilor administrativ-teritoriale şi a altor surse, conform legislaţiei.
VII. REZULTATELE SCONTATE ŞI INDICATORII DE PROGRES
26. Implementarea Strategiei va contribui la asigurarea protecţiei şi asistenţei victimelor şi potenţialelor victime ale traficului de fiinţe umane, la eficientizarea activităţii întregului sistem de prevenire şi combatere a fenomenului vizat, la coordonarea activităţilor între structurile şi instituţiile implicate în acest proces.
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27. Rezultatele scontate sînt: - obţinerea unui SNR dezvoltat; - responsabilitatea Ministerului Protecţiei Sociale, Familiei şi Copilului pentru coordonarea acţiunilor la toate nivelurile SNR sub aspect operaţional; - optimizarea măsurilor de prevenire a traficului de fiinţe umane; - armonizarea cadrului legislativ în domeniul prevenirii şi combaterii traficului de fiinţe umane; - îmbunătăţirea calităţii protecţiei şi asistenţei acordate victimelor traficului de fiinţe umane (durata şi di- versificarea asistenţei, servicii noi la nivel local etc.); - sporirea eficienţei acţiunilor de protecţie şi asistenţă a victimelor şi potenţialelor victime identificate ale traficului de fiinţe umane; - eficientizarea urmăririi penale a infractorilor pentru traficul de fiinţe umane; - elaborarea procedurilor standardizate de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane (proceduri de identificare, proceduri de repatriere, proceduri de referire, proceduri de protecţie şi asistenţă); - elaborarea şi implementarea curriculumului de formare profesională iniţială şi continuă; - elaborarea şi diseminarea materialelor informaţionale şi didactice; - formarea resurselor umane în domeniul prevenirii traficului de fiinţe umane şi asistenţei victimelor şi potenţialelor victime ale acestui trafic; - creşterea gradului de conştientizare a fenomenului traficului de fiinţe umane. 28. Indicatorii de progres sînt: - integrarea SNR în sistemul de protecţie; - identificarea şi asistarea unui număr mai mare de potenţiale victime ale traficului de fiinţe umane; - identificarea unui număr mai mare de victime ale traficului de fiinţe umane; - creşterea numărului de cazuri soluţionate; - creşterea numărului de specialişti formaţi în domeniul prevenirii şi combaterii traficului de fiinţe umane; - reducerea numărului de victime şi potenţiale victime ale traficului de fiinţe umane; - includerea în programe de protecţie şi asistenţă a unui număr mai mare de victime şi potenţiale victime ale traficului de fiinţe umane; - definitivarea procedurilor standardizate de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane; - creşterea numărului de dosare penale anchetate de organele de drept; - creşterea numărului de victime ale traficului de fiinţe umane ale căror drepturi au fost restabilite în instan- ţa de judecată.
VIII. ETAPELE DE IMPLEMENTARE
29. Implementarea Strategiei este preconizată pentru anii 2009-2016. 30. Implementarea Strategiei se va efectua în baza planului de acţiuni expus în anexa nr.2. 31. Realizarea Planului de acţiuni privind implementarea Strategiei pe anii 2009-2011 implică abordarea intersectorială şi multidisciplinară a problemei privind protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane. 32. Planul de acţiuni, fiind un instrument de implementare a Strategiei, actualizat la finele fiecărui an, asi- gură adaptarea flexibilă la schimbările şi necesităţile imediate.
IX. CONSTRÎNGERI
33. În realizarea Strategiei pot fi identificate următoarele constrîngeri: - rezistenţă în ceea ce priveşte colaborarea dintre reprezentanţii structurilor de stat şi cei ai societăţii civile; - prejudecăţi cu privire la victimele traficului de fiinţe umane;
253 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
- nivelul redus de cunoştinţe şi aptitudini al specialiştilor în domeniul la care se referă SNR; - fluctuaţia înaltă a cadrelor şi insuficienţa resurselor umane în domeniul protecţiei şi asistenţei victimelor şi potenţialelor victime ale traficului de fiinţe umane; - insuficienţa alocaţiilor financiare pentru asigurarea protecţiei şi asistenţei victimelor şi potenţialelor vic- time ale traficului de fiinţe umane; - insuficienţa serviciilor de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane.
X. MONITORIZARE ŞI EVALUARE
34. Monitorizarea şi evaluarea sistemului de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane au la bază coordonarea acţiunilor participanţilor la SNR la toate nivelurile. 35. Monitorizarea se realizează permanent cu ajutorul fişelor standard de monitorizare, elaborînd trimes- trial rapoarte de monitorizare. 36. Evaluarea implementării Strategiei se face la fiecare 6 luni de către membrii grupului permanent de experţi. 37. Ministerul Protecţiei Sociale, Familiei şi Copilului: - va pregăti şi va prezenta Guvernului şi Comitetului naţional pentru combaterea traficului de fiinţe umane, anual, în baza rezultatelor evaluărilor, un raport generalizat privind implementarea Strategiei; - va elabora, la finele fiecărui an, în baza rezultatelor evaluărilor şi necesităţilor identificate, propuneri pen- tru actualizarea Planului de acţiuni privind implementarea Strategiei pe anii 2009-2011.
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PLANUL DE ACŢIUNI privind implementarea Strategiei Sistemului naţional de referire pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane pe anii 2009-2011 Termenul Costul, Nr. crt. Acţiune Responsabili Parteneri de reali- Sursa de finanţare Rezultatul scontat mii lei zare 1 2 3 4 5 6 7 8 I. Cadrul legal şi instituţional 1. Armonizarea cadrului normativ naţional cu cerinţele tratatelor internaţionale în domeniu 1.1. Elaborarea Regulamentului cu Ministerul Protecţiei So- Autorităţile administraţiei 2009 2,5 Organizaţia Inter- Aprobarea Regulamentului privire la identificarea victimelor şi ciale, Familiei şi Copilului, publice locale, Organiza- naţională pentru cu privire la identificarea potenţialelor victime ale traficului de Ministerul Administraţiei ţia Internaţională pentru Migraţie victimelor şi potenţialelor fiinţe umane Publice Locale, Consiliul Migraţie, Fondul Naţiunilor victime ale traficului de Naţional pentru Protecţia Unite pentru Copii, Centrul fiinţe umane Drepturilor Copilului, Mi- Internaţional “La Strada”, nisterul Afacerilor Externe Centrul pentru Prevenirea şi Integrării Europene, Traficului de Femei, Centrul Ministerul Afacerilor In- Naţional pentru Prevenirea terne, Ministerul Sănătăţii, Abuzului faţă de Copii, Ministerul Educaţiei şi Fundaţia elveţiană “Terre Tineretului, Ministerul des Hommes”, Ministerul Economiei şi Comerţului Finanţelor 1.2. Elaborarea Regulamentului cu privi- 2009 În limitele Bugetul de stat, Aprobarea Regulamentu- re la protecţia şi asistenţa victimelor alocaţiilor Organizaţia Inter- lui cu privire la protecţia şi potenţialelor victime ale traficului bugetare naţională pentru şi asistenţa victimelor şi de fiinţe umane Migraţie şi alte potenţialelor victime ale surse traficului de fiinţe umane 1.3. Elaborarea Regulamentului cu privi- 2009 În limitele Bugetul de stat, Aprobarea Regulamentului re la protecţia victimelor martori ai alocaţiilor Organizaţia Inter- cu privire la protecţia victi- traficului de fiinţe umane bugetare naţională pentru melor martori ai traficului Migraţie şi alte surse de fiinţe umane 1.4. Elaborarea Regulamentului privind 2010-2011 În limitele Bugetul de stat, Aprobarea Regulamentului acreditarea serviciilor de protecţie şi alocaţiilor Organizaţia Inter- privind acreditarea servici- asistenţă a victimelor şi potenţialelor bugetare naţională pentru ilor de protecţie şi asistenţă victime ale traficului de fiinţe umane Migraţie şi alte a victimelor şi potenţialelor surse victime ale traficului de
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fiinţe umane 1.5. Elaborarea/reexaminarea regula- 2009-2010 În limitele Bugetul de stat, alte Aprobarea regulamentelor
256 mentelor cu privire la coordonarea alocaţiilor surse privind activitatea unităţii activităţilor la toate nivelurile SNR, bugetare de coordonare a SNR şi a inclusiv operaţional echipei multidisciplinare teritoriale 1.6. Elaborarea/reexaminarea acordu- 2009-2011 În limitele Bugetul de stat, alte Încheierea acordurilor rilor bilaterale între state privind alocaţiilor surse identificarea şi repatrierea victimelor bugetare şi potenţialelor victime ale traficului de fiinţe umane 1.7. Elaborarea standardelor minime de Ministerul Protecţi- 2009-2010 În limitele Bugetul de stat, alte Aprobarea standardelor calitate pentru serviciile de protecţie ei Sociale, Familiei şi alocaţiilor surse minime de calitate pentru şi asistenţă a victimelor şi potenţia- Copilului, Ministerul bugetare serviciile de protecţie şi lelor victime ale traficului de fiinţe Administraţiei Publice asistenţă a victimelor şi umane Locale, Consiliul Naţional potenţialelor victime ale pentru Protecţia Dreptu- traficului de fiinţe umane rilor Copilului, Ministerul Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Afacerilor Interne, Minis- terul Sănătăţii, Ministerul Educaţiei şi Tineretului, Ministerul Economiei şi Comerţului 2. Dezvoltarea sistemului de protecţie şi asistenţă a victimelor traficului de fiinţe umane în baza abordării de sistem 2.1. Constituirea şi consolidarea SNR Ministerul Protecţi- Autorităţile administraţiei 2009-2011 Bugetul de stat, alte SNR constituit şi consolidat ei Sociale, Familiei şi publice locale, Organiza- surse Copilului, Ministerul ţia Internaţională pentru 179,0 Organizaţia Inter- Consolidarea şi dotarea uni- Administraţiei Publice Migraţie, Fondul Naţiu- 168,0 naţională pentru tăţii de coordonare a SNR Locale, Consiliul Naţional nilor Unite pentru Copii, 370,5 Migraţie Consolidarea echipei pentru Protecţia Dreptu- Centrul Internaţional “La 103,7 multidisciplinare (echipa- rilor Copilului, Ministerul Strada”, Centrul pentru 103,7 ment, instruiri, mijloace de Afacerilor Interne, Minis- Prevenirea Traficului de comunicare, materiale de terul Sănătăţii, Ministerul Femei, Centrul Naţio- suport) 2.2. Dezvoltarea sistemului de moni- Educaţiei şi Tineretului, nal pentru Prevenirea 2009-2010 În limitele Bugetul de stat, alte Sistem de monitoriza- torizare şi evaluare a victimelor şi Ministerul Economiei şi Abuzului faţă de Copii, alocaţiilor surse re şi evaluare dezvoltat; potenţialelor victime ale traficului de Comerţului Fundaţia elveţiană “Terre bugetare elaborarea formularelor/ fiinţe umane des Hommes” fişelor standard de rapoarte privind monitorizarea şi evaluarea II. Servicii de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane 3. Asigurarea accesului la servicii de calitate al victimelor şi potenţialelor victime ale traficului de fiinţe umane 3.1. Dezvoltarea serviciilor de protec- Ministerul Protecţiei So- Autorităţile administraţiei 2009-2011 În limitele Bugetul de stat, alte Prestarea serviciilor ţie şi asistenţă socială a copiilor şi ciale, Familiei şi Copilu- publice locale, Organiza- alocaţiilor surse adulţilor lui, Ministerul Adminis- ţia Internaţională pentru bugetare 3.1.1. Repatriere, reabilitare (300 de per- traţiei Publice Locale, Migraţie, Fondul Naţiu- 2009-2011 9386,0 Organizaţia Inter- soane), reintegrare (500 de persoane) Consiliul Naţional pentru nilor Unite pentru Copii, 1400,0 naţională pentru Protecţia Drepturilor Co- Centrul Internaţional “La 1400,0 Migraţie pilului, Ministerul Aface- Strada”, Centrul Naţional 1400,0 rilor Externe şi Integrării pentru Prevenirea Abuzu- Europene, Ministerul lui faţă de Copii, Funda- Afacerilor Interne, Minis- ţia elveţiană “Terre des terul Sănătăţii, Ministerul Hommes”, Centrul pentru Economiei şi Comerţului, Prevenirea Traficului de Ministerul Educaţiei şi Femei Tineretului 3.2. Cofinanţarea Centrului de asistenţă Ministerul Protecţiei So- Organizaţia Internaţională 2009-2011 512,5 Bugetul de stat, alte Funcţionarea centrului şi protecţie a victimelor şi potenţia- ciale, Familiei şi Copilului pentru Migraţie 608,6 surse lelor victime ale traficului de fiinţe 769,0* umane 769,0* III. Resurse umane 4. Consolidarea capacităţilor profesionale ale resurselor umane în domeniul protecţiei şi asistenţei victimelor şi potenţialelor victime ale traficului de fiinţe umane 4.1. Elaborarea curriculumului/module- Ministerul Protecţiei So- Autorităţile administraţiei 2009 În limitele Bugetul de stat, alte Curriculum/module ela- lor de formare profesională iniţială şi ciale, Familiei şi Copilu- publice locale, Organiza- alocaţiilor surse borate continuă a specialiştilor din cadrul lui, Ministerul Adminis- ţia Internaţională pentru bugetare SNR la subiectul prevenirii şi asisten- traţiei Publice Locale, Migraţie, Fondul Naţiu- ţei victimelor şi potenţialelor victime Consiliul Naţional pentru nilor Unite pentru Copii, ale traficului de fiinţe umane Protecţia Drepturilor Centrul Internaţional “La 4.2. Elaborarea materialelor didactice Copilului, Ministerul Afa- Strada”, Centrul pentru 2009-2011 În limitele Bugetul de stat, alte Materiale didactice elabo- pentru implementarea modulelor de cerilor Interne, Ministerul Prevenirea Traficului de alocaţiilor surse rate formare profesională Educaţiei şi Tineretului Femei, Fundaţia elveţia- bugetare 4.3. Implementarea curriculumului de nă “Terre des Hommes”, 2009-2011 714,0 Organizaţia Inter- Pregătirea curriculumului formare profesională a specialişti- Centrul Naţional pentru naţională pentru şi includerea acestuia în lor în domeniul protecţiei sociale Prevenirea Abuzului faţă Migraţie planul de pregătire pro- la subiectul prevenirea şi asistenţa de Copii fesională; implementarea victimelor şi potenţialelor victime ale curriculumului; pregătirea traficului de fiinţe umane formatorilor
257 Acte normative actualizate 258 IV. Sistem informaţional unic 5. Instituirea unui sistem unic de colectare a datelor privind prevenirea şi combaterea traficului de fiinţe umane 5.1. Elaborarea Conceptului sistemului Ministerul Protecţi- Autorităţile administraţiei 2009 În limitele Bugetul de stat, alte Concept elaborat informaţional de colectare a datelor ei Sociale, Familiei şi publice locale, Organiza- alocaţiilor surse Copilului, Ministerul ţia Internaţională pentru bugetare Administraţiei Publice Migraţie, Fondul Naţiu- 56,0 Organizaţia Inter- Locale, Consiliul Naţional nilor Unite pentru Copii, naţională pentru pentru Protecţia Dreptu- Centrul Internaţional “La Migraţie 5.2. Elaborarea Regulamentului de admi- rilor Copilului, Ministerul Strada”, Centrul pentru 2009-2010 Regulament elaborat nistrare a sistemului informaţional Afacerilor Interne, Minis- Prevenirea Traficului de 5.3. Elaborarea Acordului-cadru cu privi- terul Sănătăţii, Ministerul Femei, Fundaţia elveţia- 2009-2011 Aprobarea Acordului-ca- re la regimul de colectare, prelucrare Educaţiei şi Tineretului nă “Terre des Hommes”, dru cu privire la regimul şi schimb de informaţii privind Centrul Naţional pentru de colectare, prelucrare cazurile de trafic de fiinţe umane Prevenirea Abuzului faţă şi schimb de informaţii de Copii privind cazurile de trafic de Traficul de fiinţe umane şi egalitatea genurilor în Moldova
fiinţe umane V. Comunicare şi informare 6. Sensibilizarea populaţiei asupra prevenirii şi combaterii traficului de fiinţe umane 6.1. Elaborarea Strategiei de comunicare Ministerul Protecţi- Autorităţile administraţiei 2009 Surse extrabugetare Strategie elaborată în cadrul SNR ei Sociale, Familiei şi publice locale, Organiza- 6.2. Elaborarea materialelor informaţio- Copilului, Ministerul ţia Internaţională pentru 2009-2011 Surse extrabugetare Materiale elaborate, dise- nale privind traficul de fiinţe umane Administraţiei Publice Migraţie, Fondul Naţiu- minate 6.3. Promovarea în mass-media a activi- Locale, Consiliul Naţional nilor Unite pentru Copii, 2009-2011 Surse extrabugetare Activităţi realizate tăţilor cu referire la traficul de fiinţe pentru Protecţia Dreptu- Centrul Internaţional “La umane rilor Copilului, Ministerul Strada”, Centrul pentru 6.4. Implementarea campaniilor de Afacerilor Interne, Minis- Prevenirea Traficului de 2009-2011 Surse extrabugetare Campanii implementate comunicare în domeniul prevenirii terul Sănătăţii, Ministerul Femei, Fundaţia elveţia- traficului de fiinţe umane Educaţiei şi Tineretului nă “Terre des Hommes”, Centrul Naţional pentru Prevenirea Abuzului faţă de Copii VI. Finanţare 7. Promovarea mecanismului de finanţare şi cofinanţare a măsurilor de protecţie şi asistenţă a victimelor şi potenţialelor victime ale traficului de fiinţe umane din bugetul de stat, din bugetele unităţilor administrativ-teritoriale şi din alte surse 7.1. Elaborarea mecanismului de Ministerul Protecţiei So- Autorităţile administraţiei 2009-2011 În limitele Bugetul de stat, alte Mecanism elaborat şi imple- finanţare a serviciilor de protecţie şi ciale, Familiei şi Copilu- publice locale, Organiza- alocaţiilor surse mentat asistenţă a victimelor şi potenţialelor lui, Ministerul Finanţelor, ţia Internaţională pentru bugetare victime ale traficului de fiinţe umane Ministerul Administraţiei Migraţie, Fondul Naţiu- Publice Locale, Consiliul nilor Unite pentru Copii, Naţional pentru Protecţia Centrul Internaţional “La Drepturilor Copilului, Strada”, Centrul pentru Ministerul Afacerilor Prevenirea Traficului de Interne, Ministerul Sănă- Femei, Fundaţia elveţia- tăţii, Ministerul Educaţiei nă “Terre des Hommes”, şi Tineretului Centrul Naţional pentru Prevenirea Abuzului faţă de Copii * Inclus în Cadrul de cheltuieli pe termen mediu (2009-2011).
Hotărîrile Parlamentului 257/05.12.2008 Hotărîre privind aprobarea Strategiei Sistemului naţional de referire pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane şi a Planului de acţiuni privind implementarea Strategiei Sistemului naţional de referire pentru protecţia şi asistenţa victimelor şi potenţialelor victime ale traficului de fiinţe umane pe anii 2009-2011 //Monitorul Oficial 27-29/66, 10.02.2009
259 Acte normative actualizate Traficul de fiinţe umane şi egalitatea genurilor în Moldova
24. HOTĂRÎRE Nr. 1344 din 01.12.2008 cu privire la aprobarea Planului Naţional de acţiuni în domeniul prevenirii şi combaterii violenţei împotriva copilului pentru perioada 2009-2011*
În scopul armonizării cadrului normativ naţional la prevederile Cartei Sociale Europene revizuite, ratificate parţial prin Legea nr. 484-XV din 28 septembrie 2001 (Monitorul Oficial al Republicii Moldova, 2001, nr. 130, art. 959), cu modificările ulterioare, precum şi promovării politicii în domeniul protecţiei drepturilor copiilor
Guvernul HOTĂRĂŞTE: 1. Se aprobă Planul naţional de acţiuni în domeniul prevenirii şi combaterii violenţei împotriva copilului pentru perioada 2009-2011 (se anexează). 2. Ministerul Protecţiei Sociale, Familiei şi Copilului, Ministerul Educaţiei şi Tineretului, Ministerul Sănătă- ţii, alte ministere, la elaborarea planurilor strategice de cheltuieli pe termen mediu, vor ţine cont de prevederile Planului naţional de acţiuni în domeniul prevenirii şi combaterii violenţei împotriva copilului pentru perioada 2009-2011. 3. Monitorizarea şi coordonarea activităţilor de realizare a acţiunilor incluse în Planul sus-menţionat se pun în sarcina Ministerului Protecţiei Sociale, Familiei şi Copilului şi Ministerului Educaţiei şi Tineretului. 4. Ministerele, alte autorităţi administrative centrale şi autorităţile administraţiei publice locale vor asigura, în limitele competenţelor atribuite, realizarea prezentei Hotărîri şi a acţiunilor incluse în Plan, raportînd anual Ministerului Protecţiei Sociale, Familiei şi Copilului, care va generaliza informaţiile şi va prezenta Guvernului, pînă la 31 martie, raportul integral privind mersul realizării Hotărîrii în cauză.
PRIM-MINISTRU Zinaida GRECEANÎI Contrasemnează: Viceprim-ministru Victor Stepaniuc Ministrul protecţiei sociale, familiei şi copilului Galina Balmoş Ministrul sănătăţii Larisa Catrinici Ministrul afacerilor interne Gheorghe Papuc Ministrul finanţelor Mariana Durleşteanu Ministrul educaţiei şi tineretului Larisa Şavga
Nr. 1344. Chişinău, 1 decembrie 2008. Aprobat prin Hotărîrea Guvernului nr. 1344 din 1 decembrie 2008
* Publicat : 09.12.2008 în Monitorul Oficial Nr. 218-220 art Nr : 1362
260 Aprobat prin Hotărîrea Guvernului nr.1344 din 1 decembrie 2008 Planul naţional de acţiuni în domeniul prevenirii şi combaterii violenţei împotriva copilului pentru perioada 2009-2011 Costul estimativ (mi) lei) total Inclusiv pe surse de Terme finanţare Nr. Indicatorii de nele de bugetul Denumirea activităţii Structurile responsabile Parteneri Note d/o monitorizare/ evaluare realiza de stat surse externe re (compo (donaţii, nent de granturi) bază) 1 2 3 4 5 6 7 8 9 10 I. DEZVOLTAREA CADRULUI LEGAL Obiectivul general: Perfecţionarea legislaţiei naţionale privind prevenirea şi combaterea violenţei împotriva copiilor Obiectivul 1. Armonizarea legislaţiei naţionale cu standardele internaţionale şi regionale tn domeniul prevenirii şi combaterii violenţei împotriva copilului I. Aducerea legislaţiei în vigoare Modificări şi completări Ministerul Protecţiei Ministerul Educaţiei şi 2009- X In limita alocaţiilor în corespundere cu Legea cu aprobate Sociale, Familiei şi Tineretului, Ministerul 2010 aprobate în bugetele privire la prevenirea şi comba- Copilului Afacerilor Interne, Mi- autorităţilor publice terea violenţei în familie nisterul Economiei şi centrale şi locale. Comerţului, Ministerul Justiţiei, autorităţile administraţiei publice locale, Ministerul Administraţiei Publice Locale 2. Modificarea şi completarea Codul penal şi Codul Ministerul Justiţiei, Procuratura Generală, 2009- X În limita alocaţiilor Codului cu privire la con- cu privire la contra- Ministerul Afacerilor autorităţile administra- 2010 aprobate în bugetele travenţiile administrative şi venţiile administrative Interne, Ministerul ţiei publice locale autorităţilor publice a Codului penal cu norme modificate; stabilirea Educaţiei şi Tineretu- centrale şi locale. pentru combaterea pedep- unor penalizări efective lui, Ministerul Protec- sei corporale în familie şi în şi proporţionale pentru ţiei Sociale, Familiei şi instituţii toate formele de violentă Copilului împotriva copilului 3. Revizuirea cadrului legal pri- Legi de modificare şi Ministerul Protecţiei Procuratura Generală, 2009- În limita alocaţiilor vind: decăderea din drepturile completare a legislaţiei Sociale, Familiei şi Ministerul Educaţiei şi 2010 aprobate în bugetele părinteşti a părinţilor pentru adoptate Copilului, Ministerul Tineretului, autorităţile autorităţilor publice abuz şi violentă faţă de copil; Administraţiei Publice administraţiei publice centrale şi locale. scoaterea copiilor din familia Locale, Ministerul locale abuzivă fără decăderea părinţi- Justiţiei, Ministerul
261 Acte normative actualizate
lor din drepturile părinteşti Afacerilor Interne X 4. Completarea legislaţiei cu Legi de modificare şi Ministerul Afacerilor Ministerul Educaţiei şi 2009- În limita alocaţiilor
262 măsuri de protecţie a speci- completare a legislaţiei Interne Tineretului, Ministe- 2010 aprobate în bugetele aliştilor şi a persoanelor care adoptate rul Protecţiei Sociale, autorităţilor publice raportează cazuri de violentă Familiei şi Copilului, X centrale şi locale. împotriva copiilor Ministerul Justiţiei, Procuratura Generali, autorităţile administra- ţiei publice locale 5. Revederea cadrului legal cu Legi de modificare şi Agenţia de stat pentru Consiliul Naţional 2009- În limita alocaţiilor referire la moralitate în vede- completare a legislaţiei protecţia moralităţii al Audiovizualului, 2010 aprobate în bugetele rea limitării fluxului de mesaje adoptate; mecanism Ministerul Culturii şi autorităţilor publice care promovează violenta eficient de punere în Turismului, Ministerul X centrale şi locale. în presa scrisă, audiovizual, aplicare a Legii audiovi- Justiţiei Internet etc. zualului elaborat 6. Completarea legislaţiei cu pre- Modificările / comple- Ministerul Justiţiei Ministerul Afacerilor 2009- În limita alocaţiilor vederi referitor la asistenţa tările la Interne, Procuratura 2010 X aprobate în bugetele juridică gratuită obligatorie a legislaţie adoptate Generală autorităţilor publice Traficul de fiinţe umane şi egalitatea genurilor în Moldova
copilului centrale şi locale. Obiectivul 2. Elaborarea şi promovarea cadrului normativ de reglementare a prevenirii şi intervenţiei în cazurile de violenţă împotriva copilului 7. Elaborarea procedurilor Proceduri standard Ministerul Protecţiei Procuratura Generală, 2009- În limita alocaţiilor legale standard de identificare, elaborate Sociale, Familiei şi Ministerul Afacerilor 2010 aprobate în bugetele evaluare, referire, asistenţă Copilului, Ministerul Interne, autorităţile autorităţilor publice şi reintegrare în cazurile de Educaţiei şi Tineretu- administraţiei publice centrale şi locale. violenţă împotriva copiilor lui, Ministerul Sănătăţii locale X 8. Elaborarea Regulamentului- Regulament elaborat Ministerul Protecţiei Ministerul Finanţelor, 2010 10,0 X 10,0 Mijloacele provenite cadru de funcţionare a centru- Sociale, Familiei si Co- Ministerul Afacerilor din donaţii, granturi lui de reabilitare a victimelor pilului, Ministerul Edu- Interne, Ministerul şi alte surse conform violenţei în familie caţiei şi Tineretului, Justiţiei, Procuratura legislaţiei, precum şi Ministerul Administra- Generală autorităţile alocaţiile aprobate în ţiei Publice Locale administraţiei publice bugetele autorităţilor locale publice centrale şi locale. 9. Elaborarea Standardelor Standarde elaborate Ministerul Protecţiei Ministerul Finanţelor, 2011 20,0 X 20,0 Mijloacele provenite minime de calitate pentru ser- Sociale, Familiei şi Procuratura Generală, din donaţii, granturi viciile de asistentă a victimelor Copilului, Ministerul autorităţile administra- şi alte surse conform violenţei în familie Educaţiei şi Tineretu- ţiei publice locale legislaţiei, precum şi lui, Ministerul Afaceri- alocaţiile aprobate în lor Interne, Ministerul bugetele autorităţilor Administraţiei Publice publice centrale şi Locale locale. 10. Elaborarea cadrului norma- Cadru normativ elaborat Ministerul Protecţiei Ministerul Finanţelor 2009- X În limita alocaţiilor tiv privind reglementarea Sociale, Familiei şi 2010 aprobate în bugetele activităţii asistentului social Copilului, Ministerul autorităţilor publice în instituţiile de învăţâmînt Educaţiei şi Tineretu- centrale şi locale. preuniversitar, în instituţiile lui, Ministerul Sănătăţii medicale şi alte instituţii cu ac- tivitate în domeniul protecţiei copilului II. CADRUL, INSTITUŢIONAL Obiectivul general: Dezvoltarea cadrului instituţional pentru prevenirea şi combaterea violentei împotriva copiilor Obiectivul 1. Consolidarea structurilor instituţionale pentru prevenirea şi combaterea violenţei împotriva copilului 11. Organizarea şi dotarea în Săli organizate şi dotate Consiliul Suprem al Ministerul Finanţelor 2009- X Cheltuielile pentru re- cadrul judecătoriilor a sălilor Magistraturii, Ministe- 2011 alizarea acestei măsuri speciale pentru audierea rul Justiţiei urmează a fi efectuate copiilor în limita bugetelor aprobate ale instituţii- lor respective. Obiectivul 2. Dezvoltarea capacităţilor resurselor umane din sistemul de protecţie a copilului în domeniul prevenirii şi Combaterii violenţei împotriva copilului 12. Elaborarea modulelor de Programe de formare Ministerul Educaţiei şi Ministerul Economiei 2009 50,0 X 50,0 Mijloacele provenite formare profesională continuă profesională continuă Tineretului, Ministe- şi Comerţului, universi- din donaţii, granturi a resurselor umane privind elaborate pentru psiho- rul Protecţiei Sociale, tăţile, instituţiile de per- şi alte surse conform violenta împotriva copilului logi, pedagogi, asistenţi Familiei şi Copilului, fecţionare şi recalificare legislaţiei, precum şi pentru psihologi, pedagogi, sociali, medici, poliţişti, Ministerul Sănătăţii, a cadrelor alocaţiile aprobate în asistenţi sociali, medici, poli- jurişti Ministerul Afacerilor bugetele autorităţilor ţişti, jurişti Interne, Ministerul publice centrale şi Justiţiei locale. 13. Implementarea modulelor de Numărul specialiştilor Ministerul Educaţiei şi Ministerul Economiei anual Costul va putea fi formare profesională continuă instruiţi Tineretului, Ministe- şi Comerţului, universi- estimat de către fiecare a resurselor umane privind rul Protecţiei Sociale, tăţile, instituţiile de per- minister după elabo- violenta împotriva copilului Familiei şi Copilului, fecţionare şi recalificare rarea modulelor şi sta- pentru psihologi, asistenţi Ministerul Sănătăţii, a cadrelor bilirea numărului de sociali, poliţişti, medici, jurişti, Ministerul Afacerilor persoane ce urmează a pedagogi Interne, Ministerul fi cuprins în progra- Justiţiei mele respective. 14. Elaborarea ghidurilor practice Ghiduri practice elabo- Ministerul Protecţiei Ministerul Econo- 2009 70,0 X 70,0 Mijloacele provenite pentru prevenirea, identifica- rate pentru psihologi, Sociale, Familiei şi Co- miei şi Comerţului, din donaţii, granturi rea şi intervenţia în cazurile de pedagogi, asistenţi soci- pilului, Ministerul Edu- Procuratura Generală, şi alte surse conform violenţă împotriva copilului ali, medici, specialişti în caţiei şi Tineretului, universităţile, instituţi- legislaţiei, precum şi pentru psihologi, pedagogi, drept (poliţişti, judecă- Ministerul Sănătăţii, ile de perfecţionare şi alocaţiile aprobate în asistenţi sociali, medici, tori, procurori, avocaţi) Ministerul Afacerilor recalificare a cadrelor bugetele autorităţilor specialişti în drept (polifişti, Interne, Ministerul publice centrale şi
263 Acte normative actualizate
judecători, procurori, avocaţi) Justiţiei locale. 15. Editarea ghidurilor practice Ghiduri practice editate Ministerul Protecţiei Ministerul Econo- 2009 94,0 X 94,0 Mijloacele provenite
264 pentru psihologi, pedagogi, pentru psihologi, peda- Sociale, Familiei şi Co- miei şi Comerţului, 50,0 50,0 din donaţii, granturi asistenţi sociali, medici, gogi, pilului, Ministerul Edu- Procuratura Generală, 70,0 70,0 şi alte surse conform specialişti în drept (poliţişti, asistenţi sociali, medici, caţiei şi Tineretului, universităţile, instituţi- 85,0 85,0 legislaţiei, precum şi judecători, procurori, avocaţi) specialişti în drept Ministerul Sănătăţii, ile de perfecţionare şi alocaţiile aprobate în (poliţişti, judecători, Ministerul Afacerilor recalificare a cadrelor bugetele autorităţilor procurori, avocaţi) Interne, Ministerul publice centrale şi Justiţiei locale. 16. Elaborarea materialelor infor- Materiale informaţiona- Ministerul Protecţiei Universităţile 2009 365,0 X 365,0 Mijloacele provenite maţionale/didactice privind le/ didactice elaborate Sociale, Familiei şi Co- din donaţii, granturi prevenirea şi combaterea pilului, Ministerul Edu- şi alte surse conform violenţei împotriva copilului caţiei şi Tineretului, legislaţiei, precum şi Ministerul Afacerilor alocaţiile aprobate în Interne bugetele autorităţilor publice centrale şi locale. 17. Organizarea cursurilor de Cursuri de formare; Ministerul Protecţiei Ministerul Educaţiei şi 2009- X În limita alocaţiilor Traficul de fiinţe umane şi egalitatea genurilor în Moldova
formare profesională iniţială stagieri Sociale, Familiei şi Tineretului, Ministerul 2011 aprobate în bugetele şi continuă a specialiştilor cu Copilului, Ministerul Administraţiei Publice autorităţilor publice competenţe în domeniul pro- Afacerilor Interne Locale, autorităţile centrale şi locale. tecţiei drepturilor copilului administraţiei publice locale III. PREVENIREA VIOLENTEI ÎMPOTRIVA COPIILOR Obiectivul general: Dezvoltarea capacităfilor de prevenire a violenţei împotriva copiilor Obiectivul 1. Dezvoltarea capacităţilor parentale de îngrijire şi educare nonviolentă a copilului si de raportare a cazurilor de abuz 18. Elaborarea/editarea/difuzarea Recomandări metodo- Ministerul Educaţiei şi Ministerul Protecţiei 2009 X În limita alocaţiilor în instituţiile de învăţămînt a logice elaborate/editate/ Tineretului Sociale, Familiei şi Co- aprobate în bugetele Recomandărilor metodice pri- difuzate pilului, universităţile autorităţilor publice vind colaborarea instituţiilor centrale şi locale. educaţionale cu părinţii 19. Desfăşurarea activităţilor Programe elaborate pen- Ministerul Sănătăţii Ministerul Protecţiei 2010 15,0 X Mijloacele provenite educative prin intermediul tru educaţia gravidelor Sociale, Familiei şi din donaţii, granturi ungheraşelor de educaţie Copilului, Ministerul şi alte surse conform antenatală a familiei în cadrul Educaţiei şi Tineretului, legislaţiei, precum şi Cabinetelor copilului sănătos instituţii medicale şi de alocaţiile aprobate în din Centrele medicilor de cercetări ştiinţifice 15,0 bugetele autorităţilor familie şi cabinetelor educative publice centrale şi în maternitate locale. 20. Elaborarea unui minicurs/mo- Minicurs/modul ela- Ministerul Educaţiei şi 2009 X In limita alocaţiilor dul de “Comunicare eficientă” borat Tineretului, Institutul aprobate în bugetele şi “Consiliere pedagogică a de Ştiinţe ale Educaţiei, autorităţilor publice elevilor şi părinţilor” universităţile pedago- centrale şi locale. gice, Ministerul Protec- ţiei Sociale, Familiei şi Copilului, Ministerul Sănătăţii Obiectivul 2. Dezvoltarea capacităţilor de comunicare interpersonală nonviolentă a copiilor 21. Elaborarea şi promovarea Programe de prevenire Ministerul Educaţiei şi 2009- X În limita alocaţiilor programelor educative pentru pentru copii, diversifi- Tineretului, Ministerul 2010 aprobate în bugetele copii în domeniul prevenirii cate şi aplicate la nivel Afacerilor Interne, autorităţilor publice violenţei împotriva acestora naţional; Ministerul Protecţiei centrale şi locale. copii informaţi despre Sociale, Familiei şi procedurile de depunere Copilului a plîngerilor în legătu- ră cu violenţa/ abuzul comis împotriva lor 22. Dezvoltarea capacităţilor Programe de instruire Ministerul Educaţiei şi Ministerul Protecţiei Perma- X În limita alocaţiilor reţelei naţionale de educatori elaborate şi implemen- Tineretului Sociale, Familiei şi nent aprobate în bugetele de la egal la egal în domeniul tate Copilului, Ministerul autorităţilor publice prevenirii violentei împotriva Afacerilor Interne, centrale şi locale. copilului autorităţile adminis- traţiei publice locale, universităţile, instituţi- ile de perfecţionare şi recalificare a cadrelor 23. Elaborarea materialelor infor- Materiale informaţiona- Ministerul Protecţiei Ministerul Afacerilor 2009 1140,0 X 1140,0 Mijloacele provenite maţionale/didactice pentru co- le/ didactice elaborate şi Sociale, Familiei şi Interne, autorităţile din donaţii, granturi pii privind prevenirea violenţei distribuite Copilului, Ministerul administraţiei publice şi alte surse conform împotriva acestora Educaţiei şi Tineretului locale legislaţiei, precum şi alocaţiile aprobate în bugetele autorităţilor publice centrale şi locale. 24. Îmbunătăţirea bazei tehnico- Dotarea instituţiilor de Ministerul Culturii şi Ministerul Adminis- 2009 1100,0 1100,0 În limita alocaţiilor materiale a instituţiilor de învăţămînt cu Turismului, Ministerul traţiei Publice Locale, 2010 1100,0 1100,0 X aprobate în bugetele învăţămînt artistic extraşcolar instrumente muzicale Finanţelor autorităţile administra- 2011 1100,0 1100,0 autorităţilor publice ţiei publice locale centrale şi locale.
265 Acte normative actualizate IV. ASISTENTA ŞI PROTECŢIA VICTIMELOR ŞI A MARTORILOR VIOLENTEI ÎMPOTRIVA COPILULUI
266 Obiectivul general: Asigurarea asistenţei şi protecţiei copiilor victime ale violenţei Obiectivul 1. Elaborarea instrumentelor de identificare, raportare şi intervenţie în cazurile de violenţă împotriva copilului 25. Elaborarea criteriilor de iden- Criterii elaborate şi Ministerul Protecţiei Ministerul Educaţiei şi 2009 5,0 X 5,0 Mijloacele provenite tificare a situaţiilor de abuz, aprobate Sociale, Familiei şi Tineretului, Ministerul din donaţii, granturi exploatare a muncii copiilor, Copilului Afacerilor Interne, au- şi alte surse conform neglijare şi violentă împotriva torităţile administraţiei legislaţiei, precum şi copilului publice locale alocaţiile aprobate în bugetele autorităţilor publice centrale şi locale. 26. Elaborarea instrumentelor Instrumente elaborate şi Ministerul Protecţiei Autorităţile administra- 2009 20,0 X 20,0 Mijloacele provenite pentru aplicarea procedurilor aprobate (fişe de eviden- Sociale, Familiei şi ţiei publice locale din donaţii, granturi standard de identificare, refe- tă, note informative etc.) Copilului, Ministerul şi alte surse conform rire, asistenţă şi reintegrare în Sănătăţii, Ministerul legislaţiei, precum şi cazurile de violenţă împotriva Educaţiei şi Tineretu- alocaţiile aprobate în copiilor lui, Ministerul Afaceri- bugetele autorităţilor Traficul de fiinţe umane şi egalitatea genurilor în Moldova
lor Interne publice centrale şi locale. 27. Crearea şi asigurarea funcţi- Serviciul telefonic creat; Ministerul Afacerilor Ministerul Adminis- 2009 X În limita alocaţiilor onării serviciului telefonic de Interne, Ministerul traţiei Publice Locale, aprobate în bugetele urgenţă cu număr unic de apel numărul de cazuri de Economiei şi Comer- Ministerul Protecţiei autorităţilor publice (naţional/local) abuz, exploatare a mun- ţului, Sociale, Familiei şi centrale şi locale. cii copiilor şi violenţă Copilului, autorităţile raportate administraţiei publice locale Obiectivul 2. Dezvoltarea serviciilor de asistenţă şi reintegrare în cazurile de violenţă împotriva copiilor 28. Crearea, în comun cu autori- Servicii specializate Ministerul Protecţiei Autorităţile adminis- 2009 1626,3 1626,3 X In limita alocaţiilor tăţile administraţiei publice de asistentă pentru Sociale, Familiei şi traţiei publice locale, 2010 2269,2 2269,2 aprobate în bugetele locale de nivelul al doilea, victimele violentei (Bălti, Copilului, Ministerul Ministerul Afacerilor 2011 2513 2513 autorităţilor publice a serviciilor specializate de Hînceşti) Administraţiei Publice Interne, Ministerul centrale şi locale. asistenţa pentru victimele Locale Educaţiei şi Tineretului, violenţei în familie Procuratura Generală 29. Acordarea asistentei metodo- Asistenta metodologică Ministerul Protecţiei Ministerul Educaţiei şi Perma X în limita alocaţiilor logice autorităţilor administra- acordată Sociale, Familiei şi Tineretului, Ministerul nent aprobate in bugetele ţiei publice locale în dezvolta- Copilului, Ministerul Afacerilor Interne, autorităţilor publice rea serviciilor specializate de Sănătăţii Ministerul Finanţelor, centrale şi locale. asistenţă pentru copiii victime Ministerul Justiţiei, ale violenţei Procuratura Generală, autorităţile administra- ţiei publice locale V. SENSIBILIZAREA OPINIEI PUBLICE Obiectivul general: Creşterea sensibilizării societăţii privind problema violentei împotriva copilului Obiectivul 1. Creşterea gradului de cunoaştere de către populaţie a dimensiunilor fenomenului violentei împotriva copilului 30. Elaborarea conceptului şi Concept elaborat, emisi- Ministerul Protecţiei Ministerul Afacerilor 2009 524,0 X 524,0 Mijloacele provenite difuzarea unei emisiuni TV uni difuzate Sociale, Familiei şi Interne, Procuratura din donaţii, granturi pentru părinţi Copilului, Ministerul Generală şi alte surse conform Educaţiei şi Tineretu- legislaţiei, precum şi lui, Ministerul Sănătăţii alocaţiile aprobate în bugetele autorităţilor publice centrale şi locale. 31. Plasarea şi actualizarea Rubrici create pe pagini- Ministerul Educaţiei şi Ministerul Justiţiei Perma- X In limita alocaţiilor permanentă a paginilor web le web ale ministerelor Tineretului, Ministe- Procuratura Generală nent aprobate în bugetele ale ministerelor de resort cu rul Protecţiei Sociale, autorităţilor publice informaţii despre măsurile Familiei şi Copilului, centrale şi locale. întreprinse în domeniul pre- Ministerul Afacerilor venirii şi combaterii violenţei Interne împotriva copilului Obiectivul 2. Schimbarea atitudinilor sociale faţă de fenomenul violenţei împotriva copilului 32. Desfăşurarea campaniei de Conceptul campaniei Ministerul Protecţiei Confederaţia Naţională 2009 720,0 X 720,6 1080,0 Mijloacele provenite din informare privind exclude- elaborat; Sociale, Familiei şi Co- a Sindicatelor, Institu- 2010 1080,0 donaţii, granturi şi alte rea exploatării copilului prin existenţa parteneriatelor pilului, Ministerul Eco- ţia publică naţională surse conform legislaţiei, muncă cu actorii sociali; nomiei şi Comerţului, a audiovizualului precum şi alocaţiile campanie desfăşurată Ministerul Educaţiei şi Compania “Teleradio- aprobate în bugetele Tineretului Moldova” autorităţilor publice cen- trale şi locale. 33. Desfăşurarea campaniei de in- Conceptul campaniei Ministerul Educaţiei şi Ministerul Protecţiei 2009 720,0 X 720,0 1080,0 Mijloacele provenite formare privind combaterea şi elaborat; Tineretului Sociale, Familiei şi 2010 1080,0 din donaţii, granturi prevenirea violenţei în şcoală existenţa parteneriatelor Copilului, Ministerul şi alte surse conform cu actorii sociali; Afacerilor Interne, legislaţiei, precum şi campanie desfăşurată Ministerul Culturii şi alocaţiile aprobate în Turismului, Autorităţile bugetele autorităţilor administraţiei publice publice centrale şi locale, Instituţia publică locale. naţională a audiovi- zualului Compania “Teleradio-Moldova” 34. Desfăşurarea campaniei de Conceptul campaniei Agenţia de stat pentru Consiliul Naţional 2010 144,0 X 144,0 216,0 Mijloacele provenite reducere a mesajelor violente elaborat; existenţa parte- protecţia moralităţii al Audiovizualului, 2011 216,0 din donaţii, granturi prin intermediul mass-mediei, neriatelor cu actorii soci- Ministerul Culturii şi şi alte surse conform Internet ali; campanie desfăşurată Turismului legislaţiei, precum şi
267 Acte normative actualizate alocaţiile aprobate în
268 bugetele autorităţilor publice centrale şi locale. VI. ANALIZĂ ŞI MONITORIZARE Obiectivul general: Colectarea şi sistematizarea datelor relevante referitor la cazurile de violenţă împotriva copiilor Obiectivul 1. Introducerea subiectului de prevenire şi combatere a violenţei împotriva copiilor în sistemul educaţional 35. Monitorizarea realizării Raportul elaborat şi Ministerul Ministerul Afacerilor 2009 50,0 X 50,0 Mijloacele provenite obiectivelor curriculare din publicat; Educaţiei şi Interne, autorităţile din donaţii, granturi perspectiva combaterii recomandări pentru Tineretului administraţiei publice şi alte surse conform violenţei în şcoală intervenţii formulate locale legislaţiei, precum şi alocaţiile aprobate în bugetele autorităţilor publice centrale şi locale. Obiectivul 2. Documentarea cazurilor identificate de violentă împotriva copilului şi a intervenţiilor realizate Traficul de fiinţe umane şi egalitatea genurilor în Moldova
36. Elaborarea pachetului- Pachetul-standard Ministerul Protecţiei Procuratura Generală 2010 20,0 X 20,0 Mijloacele provenite standard de documentare a elaborat şi testat; Sociale, Familiei şi din donaţii, granturi cazurilor de violenţă împotriva Copilului, Ministerul şi alte surse conform copilului Fişa-standard de Afacerilor Interne, legislaţiei, precum şi raportare statistică Ministerul Educaţiei şi alocaţiile aprobate în elaborată şi aplicată Tineretului, Ministerul bugetele autorităţilor Sănătăţii publice centrale şi locale. 37. Elaborarea rapoartelor anuale Rapoarte anuale editate Ministerul Protecţiei Procuratura Generală, 2010- X In limita alocaţiilor privind monitorizarea Sociale, Familiei şi autorităţile administra- 2011 aprobate în bugetele cazurilor de violenţă împotriva Copilului, Ministerul ţiei publice locale autorităţilor publice copilului Educaţiei şi Tineretu- centrale şi locale. lui, Ministerul Afaceri- lor Interne, Ministerul Sănătăţii, Ministerul Administraţiei Publice Locale, Ministerul Eco- nomiei şi Comerţului, Ministerul Culturii şi Turismului
mii lei TOTAL 2009 12726,3 3963,0 2010 13369,2 2349,0 2011 13613,0 236,0 Acte normative actualizate
25. HOTĂRÎRE pentru aprobarea Programului naţional privind crearea sistemului integrat de servicii sociale pe anii 2008-2012 Nr. 1512 din 31.12.2008*
În conformitate cu Legea nr. 295-XVI din 21 decembrie 2007 pentru aprobarea Strategiei naţionale de dez- voltare pe anii 2008-2011 (Monitorul Oficial al Republicii Moldova, 2008, nr.18-20, art.57), Hotărîrea Guver- nului nr. 191 din 25 februarie 2008 „Pentru aprobarea Planului de acţiuni privind implementarea Strategiei naţionale de dezvoltare pe anii 2008-2011” (Monitorul Oficial al Republicii Moldova, 2008, nr.42-44, art.257) şi Hotărîrea Guvernului nr. 1360 din 7 decembrie 2007 „Cu privire la aprobarea Programului de eficientizare a sistemului de asistenţă socială pe anii 2008-2010” (Monitorul Oficial al Republicii Moldova, 2007, nr.194-197, art.1412), precum şi în scopul asigurării calităţii şi eficienţei sistemului de servicii sociale, Guvernul Hotărăşte: 1. Se aprobă: Programul naţional privind crearea sistemului integrat de servicii sociale pe anii 2008-2012, conform anexei nr.1; Planul de acţiuni pentru implementarea Programului naţional privind crearea sistemului integrat de servicii sociale pe anii 2008-2012, conform anexei nr.2. 2. Ministerele, alte autorităţi administrative centrale şi autorităţile administraţiei publice locale vor asigura implementarea prevederilor Programului naţional privind crearea sistemului integrat de servicii sociale pe anii 2008-2012 şi Planului de acţiuni pentru implementarea Programului naţional privind crearea sistemului inte- grat de servicii sociale pe anii 2008-2012. 3. Monitorizarea şi coordonarea procesului de realizare a Programului naţional privind crearea sistemului integrat de servicii sociale pe anii 2008-2012 şi a Planului de acţiuni pentru implementarea Programului naţio- nal privind crearea sistemului integrat de servicii sociale pe anii 2008-2012 se pun în sarcina Ministerului Pro- tecţiei Sociale, Familiei şi Copilului şi Ministerului Administraţiei Publice Locale, care vor raporta Guvernului despre realizarea Programului naţional şi Planului de acţiuni pentru implementarea Programului naţional, o dată pe an (către 1 februarie). 4. Controlul asupra executării prezentei hotărîri se pune în sarcina Ministerului Protecţiei Sociale, Familiei şi Copilului. PRIM-MINISTRU Zinaida GRECEANÎI Contrasemnează: Ministrul protecţiei sociale, familiei şi copilului Galina Balmoş Ministrul finanţelor Mariana Durleşteanu Ministrul administraţiei publice locale Valentin Guznac Nr. 1512. Chişinău, 31 decembrie 2008.
* Publicat: 20.01.2009 În Monitorul Oficial Nr. 7-9 art Nr : 25
269 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Anexa nr. 1 la Hotărîrea Guvernului nr.1512 din 31 decembrie 2008
PROGRAMUL NAŢIONAL privind crearea sistemului integrat de servicii sociale pe anii 2008-2012
I. Introducere
1. Programul naţional privind crearea sistemului integrat de servicii sociale pe anii 2008-2012 (în continu- are – Program) prevede o politică comprehensivă privind susţinerea persoanelor în dificultate prin prestarea serviciilor sociale eficiente şi de calitate înaltă. Aceste servicii au drept scop de a oferi sprijin persoanelor pe termen scurt sau lung, pentru a satisface nevoile lor sociale, a reduce excluziunea socială şi a îmbunătăţi cali- tatea vieţii 2. Necesitatea elaborării prezentului Program este determinată de deficienţele vizibile ale sistemului actual de asistenţă socială: insuficienţa serviciilor sociale la nivel comunitar; fragmentarea la diferite niveluri a servici- ilor sociale, programelor, măsurilor pentru persoane şi grupuri în dificultate; caracterul excesiv al instituţiona- lizării; lipsa coordonării şi conlucrării necesare pentru implementarea unor politici sociale integrate şi coerente 3. Sistemul integrat de servicii sociale are următoarele caracteristici: a) identificarea şi prioritizarea necesităţilor individuale ale persoanelor în dificultate; b) soluţionarea problemelor la nivel comunitar, precum şi prestarea serviciilor sociale specializate benefici- arilor conform necesităţilor; c) integrarea serviciilor sociale, evitînd dublarea, suprapunerea sau lacunele în prestarea acestora; d) coordonarea procesului de utilizare eficientă şi formare profesională a resurselor umane angajate în sis- temul de asistenţă socială; e) gestionarea asigurării calităţii şi eficienţei serviciilor sociale conform standardelor de calitate şi mecanis- melor unice. 4. Dezvoltarea sistemului integrat de servicii sociale va crea oportunităţi mai bune pentru incluziunea socia- lă a persoanelor în dificultate, asigurînd respectarea drepturilor fundamentale ale acestora. Combinînd măsuri- le de prevenire, reabilitare, precum şi soluţionînd cazurile la nivel comunitar înainte ca ele să se agraveze (iar so- luţionarea lor să devină mai costisitoare), sistemul va deveni mai eficient din punctul de vedere al costurilor, va acoperi pe toţi cei care au nevoie de sprijin social şi va avea un impact pozitiv asupra calităţii vieţii cetăţenilor. 5. Crearea sistemului integrat de servicii sociale va contribui la realizarea de către Republica Moldova a angajamentelor asumate în contextul opţiunilor strategice în domeniul protecţiei sociale. Acestea includ Stra- tegia naţională de dezvoltare pe anii 2008-2011, Strategia naţională privind reformarea sistemului de îngrijire rezidenţială a copilului 2007–2012, Planul Naţional de Acţiuni privind Drepturile Omului şi Planul Naţional de acţiuni “Educaţie pentru toţi” 2004-2015, Obiectivele de Dezvoltare ale Mileniului, Planul de acţiuni Republica Moldova – Uniunea Europeană, precum şi Convenţia Naţiunilor Unite privind Drepturile Omului şi Convenţia Naţiunilor Unite privind Drepturile Copilului.
II. Situaţia actuală Factorii ce influenţează cererea serviciilor sociale
6. În Republica Moldova există un şir de factori social-economici care contribuie la sporirea cererii de ser- vicii sociale. Aceştia includ rate înalte de sărăcie şi migraţie, schimbări demografice şi de atitudini culturale. 7. Deşi situaţia economică din ţară a înregistrat o creştere pe parcursul ultimilor ani, progresul realizat în reformarea sistemului de asistenţă socială rămîne a fi modest. Sporirea cheltuielilor publice pentru asistenţă socială (în 2007 acestea constituiau circa 12,4 % din PIB) a avut un efect limitat şi mijloacele nu au fost orien- tate spre cele mai nevoiaşe familii şi grupuri sociale. Partea preponderentă a sistemului de asistenţă socială o constituie prestaţiile sociale, care nu întotdeauna contribuie la atenuarea situaţiei beneficiarilor. În unele cazuri intervenţia este mai eficientă, dacă pe lîngă prestaţiile sociale persoana poate beneficia şi de servicii sociale. În acelaşi timp, serviciile sociale existente nu acoperă cererea pentru acestea.
270 Acte normative actualizate
8. Începînd cu anii 1990, numărul total al populaţiei este în descreştere. Pînă în anul 1990, acest lucru se datora mai mult procesului sporit al migraţiei, ulterior rata decesului a depăşit rata naşterii, ceea ce a agravat declinul. Se prognozează că între anii 2009 şi 2020 numărul total al populaţiei va scădea cu 121000 din cauza micşorării numărului de copii şi adulţi în vîrstă de pînă la 60 de ani, precum şi creşterii semnificative a număru- lui de persoane vîrstnice. Conform estimărilor, rata vîrstnicilor în populaţie va creşte de la 13% la 18%. Această creştere considerabilă a populaţiei vîrstnice semnifică că numărul total al celor care au nevoie de servicii sociale va creşte pînă în anul 2020, chiar dacă numărul total al populaţiei este în declin. 9. Tradiţional, în multe comunităţi s-a acordat atenţie necesităţii de a susţine persoanele şi familiile în dificul- tate temporară sau permanentă, însă tradiţiile culturale din ultimele decenii au favorizat în multe cazuri institu- ţionalizarea copiilor şi adulţilor ca răspuns la nevoile sociale. Potrivit celor mai recente date, rata copiilor plasaţi în îngrijire rezidenţială în Republica Moldova continuă să fie una din cele mai înalte în fostele republici sovietice. 10. Se estimează că în anul 2009, aproximativ 12% din populaţie vor avea nevoie de servicii sociale cel puţin o dată pe parcursul unui an. Suportul necesar include sprijin comunitar, precum şi îngrijire specializată în for- mă de servicii sociale sau ajutor financiar pentru situaţii de urgenţă (separate de sistemul obişnuit de prestaţii băneşti), pentru a-i ajuta să depăşească o anumită criză specifică pe termen scurt.
Prestarea serviciilor sociale la momentul actual
11. Tipurile de servicii sociale de care beneficiază populaţia pot fi clasificate în servicii sociale primare (comunitare), servicii sociale specializate şi servicii sociale cu specializare înaltă. La baza acestei clasificări stă nivelul de specializare a serviciilor sociale. Mulţi din beneficiarii serviciilor sociale cu specializare înaltă, în special cele rezidenţiale, nu au nevoie de un astfel de nivel intensiv de asistenţă, folosind aceste servicii din lipsa alternativelor. De menţionat că aceste trei niveluri de servicii nu corespund exact nivelurilor administrative din Republica Moldova. Primăria administrează unele servicii sociale comunitare, autorităţile centrale admi- nistrează majoritatea serviciilor sociale cu specializare înaltă, iar restul serviciilor sociale sînt administrate de raion, ceea ce constituie o parte din serviciile comunitare, majoritatea serviciilor specializate şi unele servicii cu specializare înaltă.
Servicii sociale primare (comunitare)
12. Serviciile sociale primare ar trebui să fie primul punct de contact pentru beneficiarii sistemului de asis- tenţă socială. La nivel comunitar există un număr limitat de servicii sociale: îngrijirea la domiciliu, cantinele de ajutor social, sprijin din partea asistenţilor sociali comunitari existenţi, sprijin financiar din fondul de susţinere socială a populaţiei şi serviciile centrelor comunitare. 13. Serviciul de îngrijire la domiciliu este adresat persoanelor vîrstnice şi persoanelor cu disabilităţi prestat de către lucrători sociali. În anul 2007, 25566 persoane au beneficiat de acest suport, care a fost acordat de către 2428 lucrători sociali. Еўinînd cont de înregistrarea solicitărilor de la mai mult de 8505 de oameni, care, în pre- zent, nu beneficiază de îngrijire la domiciliu şi, deoarece prestarea serviciului este limitată la vîrstnicii solitari şi la cei ce nu pot lucra, este necesar de a dezvolta acest tip de serviciu. 14. Serviciul de alimentare în cadrul cantinelor de ajutor social oferă hrană pentru persoanele vulnerabile pe o perioadă ce nu depăşeşte 30 de zile trimestrial. Acest serviciu este finanţat, în mare parte, din bugetele locale şi din subvenţiile de la Fondul republican de susţinere socială a populaţiei din donaţii private, precum şi de la organizaţii neguvernamentale. Numărul cantinelor de ajutor social a crescut semnificativ în ultimii ani: în 2007 existau 99 cantine – de nouă ori mai mult decît în 2001 – deservind peste 5000 de persoane. Limitarea serviciu- lui la un număr fix de zile pe persoană, indiferent de circumstanţele individuale, reduce capacitatea serviciului de a satisface necesităţile existente. 15. În ultimii cinci ani au început să se dezvolte serviciile sociale comunitare, aflate în responsabilitatea asis- tentului social comunitar. Aceste servicii includ: consilierea, informarea, managementul de caz. Ele se bazează pe evaluarea iniţială şi complexă a beneficiarului şi nevoilor lui individuale. Acţiunile se axează pe mobilizarea eforturilor persoanei şi sporirea sprijinului din partea familiei şi comunităţii în vederea depăşirii situaţiei di- ficile, precum şi asigurarea integrării sociale eficiente. Dacă în anul 2006, la nivel de ţară existau numai 48 de asistenţi sociali comunitari, care îndeplineau aceste activităţi, la moment reţeaua de asistenţi sociali a crescut considerabil constituind 996 de unităţi aprobate.
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16. Un serviciu comunitar solicitat este acordarea ajutorului material de la Fondul republican şi fondurile locale de susţinere socială a populaţiei. Acest ajutor se acordă, de regulă, o singură dată în an şi nu întotdeauna este orientat spre satisfacerea necesităţilor celor mai nevoiaşe persoane. 17. Unele din centrele comunitare existente prestează servicii sociale primare, precum şi activităţi extracur- riculare şi în grupuri de suport pentru diferiţi beneficiari.
Servicii sociale specializate
18. Aceste servicii deservesc un număr redus de persoane ale căror nevoi nu pot fi soluţionate la nivel de co- munitate. Se presupune că numărul persoanelor care au nevoie de servicii sociale specializate este mult mai mic decît numărul celor care beneficiază de servicii sociale primare. Acestea includ servicii specializate de îngrijire de zi, centre de plasament temporar, suport pentru familiile substitutive, suport pentru reintegrarea copiilor în familii din îngrijirea rezidenţială. 19. Centrele specializate de zi au început să se dezvolte, mai ales, în ultimii cinci ani. Serviciile sociale spe- cializate prestate în cadrul lor pot include asistenţă medicală şi psihologică. La moment există 25 de centre de îngrijire de zi pentru adulţi şi persoane cu disabilităţi, 25 de centre pentru familii cu copii cu disabilităţi şi 30 de centre de zi pentru familii cu copii în situaţii de risc. Adesea aceste centre combină îngrijirea specializată cu activităţi de îngrijire primară. 20. Centrele de plasament temporar sînt create, de regulă, de societatea civilă şi cu suportul organizaţiilor inter- naţionale. Acestea numără 14 centre pentru adulţi, inclusiv cu disabilităţi, şi 16 centre pentru copii cu disabilităţi, precum şi un adăpost pentru persoanele fără domiciliu în municipiul Chişinău. 21. Protecţia specializată pentru copiii în dificultate este asigurată, în mare parte, prin intermediul servicii- lor de substituire a familiei. La finele anului 2007 mai mult de 5965 de copii se aflau sub tutelă; au fost înregis- trate 353 de adopţii naţionale şi 95 de adopţii internaţionale; existau 53 case de copii de tip familie cu 241 copii în îngrijire; 42 de asistenţi parentali profesionişti cu 41 de copii în îngrijire. În unele regiuni ale republicii a fost instituit sistemul de prevenire a instituţionalizării copiilor, care urmăreşte reducerea numărului de copii plasaţi în instituţii rezidenţiale.
Servicii sociale cu specializare înaltă
22. Serviciile de îngrijire rezidenţială continuă a fi cele mai solicitate, datorită accesului limitat la alte tipuri de servicii sociale. Îngrijirea rezidenţială (24/24 ore) ar trebui să fie prestată numai unui număr foarte restrîns de persoa- ne, care se confruntă cu probleme extrem de grave. Serviciile rezidenţiale implică costuri mari, nu reflectă şi nici nu satisfac pe deplin nevoile beneficiarilor. Aceştia ar putea beneficia de servicii sociale în familie şi în comunitatea lor. 23. Instituţiile rezidenţiale sînt gestionate de autorităţile centrale sau de autorităţile administraţiei publice locale de nivelul al doilea (raion). Instituţiile rezidenţiale gestionate de autorităţile centrale includ 2 case pentru copii, 65 şcoli de tip internat; 2 case internat pentru copiii cu disabilităţi mintale, 1 instituţie pentru copiii în conflict cu legea, 2 instituţii sociale pentru persoane vîrstnice şi cu disabilităţi şi 4 internate psihoneurologice pentru adulţi. Autorităţile raionale gestionează circa 170 instituţii sociale. 24. În ultimii cinci ani, numărul persoanelor aflate în îngrijirea rezidenţială a crescut. În anul 2007, mai mult de 11000 copii trăiau în instituţii rezidenţiale. Acest număr este aproape de două ori mai mare decît numărul copiilor ce locuiesc în familii substitutive. Aproape 1700 vîrstnici şi persoane cu disabilităţi erau plasaţi în îngrijire rezidenţială; aproape 645 vîrstnici erau plasaţi în aziluri gestionate de administraţiile raionale şi 600 persoane – în instituţii de nivel naţional. În anul 2007, numărul cererilor de plasare a adulţilor în instituţii rezi- denţiale a depăşit capacităţile de cazare şi întreţinere stipulate pentru aceste instituţii. 25. În cadrul serviciilor de îngrijire rezidenţială se identifică un şir de probleme: a) îngrijirea instituţională nu asigură o abordare individualizată faţă de beneficiari; b) angajaţii instituţiilor rezidenţiale nu sînt instruiţi suficient pentru a acorda asistenţă adecvată nevoilor beneficiarilor şi, adesea, nu sînt incluşi în programe de formare profesională continuă; c) sistemul nu prevede o revizuire a situaţiei beneficiarului pentru a evalua posibilitatea reintegrării lui în familie şi comunitate. Aceasta poate conduce la deteriorarea relaţiilor familiale, izolare socială şi dependenţă cronică de sistemul rezidenţial;
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d) plasamentul de lungă durată şi nedeterminat impune necesitatea alocării mijloacelor financiare pentru acelaşi contingent de beneficiari pe perioade lungi de timp; e) sistemul de îngrijire rezidenţială este costisitor în toate cazurile. Cel mai mare cost al serviciilor reziden- ţiale este în instituţiile pentru copiii cu disabilităţi. După dezvoltarea şi implementarea standardelor minime de calitate, costul serviciilor rezidenţiale va spori semnificativ; f) îngrijirea instituţională, prin natura sa, necesită acţiuni suplimentare pentru protecţia drepturilor bene- ficiarului. Folosirea acestui tip de îngrijire nu numai ca o opţiune excepţională va constitui o dificultate foarte mare pentru Republica Moldova în onorarea angajamentelor asumate în cadrul convenţiilor internaţionale. 26. În Republica Moldova sînt dezvoltate cîteva servicii sociale cu specializare înaltă, orientate spre nevoile unui grup restrîns de beneficiari. Acestea includ: Centrul de plasament temporar pentru minori (copiii străzii), Centrul pentru reabilitarea victimelor traficului de fiinţe umane. Cu toate acestea, este evidentă insuficienţa serviciilor sociale cu specializare înaltă pentru persoanele ce se confruntă cu multe probleme sociale grave, precum violenţa în familie şi dependenţa de alcool şi droguri. Unele servicii de acest gen au fost dezvoltate doar în regiuni-pilot, în special de ONG-uri. Nu există analize privind acoperirea nevoilor reale ale populaţiei în astfel de servicii. 27. Serviciile protetico-ortopedice se prestează în cadrul Centrului Experimental Protezare, Ortopedie şi Reabilitare, aflat în subordinea Ministerului Protecţiei Sociale, Familiei şi Copilului. Serviciile Centrului sînt prestate persoanelor cu disabilităţi locomotorii: asigurarea cu încălţăminte ortopedică, mijloace de locomoţie nemecanizate şi servicii de recuperare. Centrul are la evidenţă 87727 persoane. Serviciile se prestează atît în cadrul Centrului, cît şi la locul de trai, prin intermediul echipelor medicale-tehnice şi al felcerului pentru pro- tezare din subordinea structurilor teritoriale de asistenţă socială. 28. Serviciile de reabilitare balneo-sanatorială oferă îngrijire intensivă pe termen scurt în centrele republi- cane pentru reabilitarea persoanelor cu disabilităţi şi persoanelor vîrstnice „Speranţa” din oraşul Vadul lui Vodă şi „Victoria” din oraşul Sergheevca, regiunea Odesa, Ucraina. Aceste servicii sînt acordate sub formă de facilităţi pentru persoanele sus-menţionate, în funcţie de categorie, cu reducere la 100% sau 70% din costul biletului de reabilitare. Numărul de beneficiari de reabilitare balneo-sanatorială deserviţi anual de către ambele centre este de 8790 de persoane, fiecare centru avînd o capacitate de 260 paturi.
Legislaţia
29. Sistemul de asistenţă socială este reglementat de numeroase legi şi regulamente. Cu toate acestea, nu toate tipurile de servicii sociale sînt acoperite de cadrul legal. O parte din legislaţia existentă este formală şi declarativă şi nu dispune de mecanisme adecvate pentru implementarea şi monitorizarea prevederilor sale. În special, adesea nu există acoperire financiară deplină pentru realizarea obiectivelor stabilite, iar stimularea parteneriatului între stat şi societatea civilă este insuficientă. Sub unele aspecte, legislaţia în domeniu este in- coerentă şi chiar contradictorie. Cadrul legal revizuit ce acoperă un spectru mai larg de servicii sociale este în proces de completare şi trebuie să fie îmbunătăţit.
Cadrul instituţional
30. Autorităţile administraţiei publice locale de nivelul întîi sînt reprezentate de consiliile locale şi orăşeneşti şi au drept sarcini identificarea problemelor sociale, administrarea şi gestionarea fondurilor locale pentru asis- tenţă socială, dezvoltarea şi susţinerea financiară a serviciilor sociale comunitare, precum şi crearea parteneri- atelor cu ONG-uri pentru dezvoltarea serviciilor sociale. 31. Autorităţile administraţiei publice locale de nivelul al doilea sînt reprezentate de secţiile/direcţiile de asistenţă socială şi protecţie a familiei raionale, ale municipiilor Chişinău şi Bălţi, Direcţia pentru Protecţia Drepturilor Copiilor din municipiul Chişinău şi unitatea teritorială autonomă Găgăuzia, care implementează politicile sociale, creează şi dezvoltă servicii sociale la nivel de raion. Consiliile raionale şi fondurile de susţine- rea socială a populaţiei constituie resurse instituţionale strategice ce pot avea o influenţă pozitivă asupra creării şi dezvoltării serviciilor sociale şi un impact pozitiv asupra vieţii oamenilor. 32. Autorităţile publice centrale implicate în prestarea serviciilor sociale (în special, îngrijirea rezidenţială) includ Ministerul Protecţiei Sociale, Familiei şi Copilului (MPSFC), Ministerul Educaţiei şi Tineretului (MET)
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şi Ministerul Sănătăţii (MS). MPSFC este organul central specializat al administraţiei publice responsabil pen- tru elaborarea, promovarea şi implementarea politicii şi programelor naţionale în domeniul asistenţei sociale. Aceasta include direcţionarea şi gestionarea mecanismelor de supervizare a întregului sistem de servicii sociale; coordonarea metodologică a activităţii structurilor teritoriale de asistenţă socială, a asistenţilor sociali, lucrătorilor sociali şi prestatorilor de servicii sociale, precum şi supervizarea colectării şi distribuirii mijloacelor Fondului republican de susţinere socială a populaţiei. MPSFC este împuternicit să conducă grupul sectorial de lucru pentru elaborarea cadrului de cheltuieli pe termen mediu în domeniul protecţiei sociale, coordonarea activităţilor în acest domeniu între ministere, între diferite niveluri ale autorităţilor publice de ordin naţional şi locale şi cu partenerii internaţionali de dezvoltare. De asemenea, conduce şi Grupul de Coordonare a Protecţiei Sociale, care este unul din forurile principale pentru discuţii cu partenerii internaţionali de dezvoltare. 33. Resurse importante pentru dezvoltarea serviciilor sociale se conţin în structurile societăţii civile ce func- ţionează în domeniul social (circa 400 ONG-uri). Aceste organizaţii au implementat un şir de servicii sociale – modele de bune practici, unele fiind replicate la nivel naţional, fapt care oferă posibilitatea de a le considera ca fiind importante în procesul de planificare şi prestare de servicii sociale. Donatorii internaţionali, de aseme- nea, oferă suport tehnic şi financiar în dezvoltarea serviciilor sociale, prezentînd modele internaţionale pentru consolidarea capacităţilor.
Cadrul operaţional
34. Cadrul instituţional existent nu dispune de suficiente resurse şi capacităţi pentru a îndeplini unele funcţii operaţionale de bază, precum monitorizarea (inclusiv evidenţa completă a serviciilor sociale şi a numărului de beneficiari), evaluarea impactului, inspecţia, acreditarea şi formarea continuă a personalului angajat în sistemul de asistenţă socială. Au fost elaborate şi aprobate standarde de calitate doar pentru unele tipuri de servicii soci- ale. Activitatea MPSFC este afectată de fluxul impunător de adresări care nu-şi găsesc soluţionare la nivel local.
Resursele umane
35. La nivel comunitar, activitatea de asistenţă socială este realizată de către lucrătorii sociali şi asistenţii sociali angajaţi de autorităţile administraţiei publice locale de nivelul al doilea, iar în unitatea teritorială auto- nomă Găgăuzia de autorităţile administraţiei publice locale de nivelul întîi. În 2007 au fost angajaţi sa activeze la nivel comunitar aproximativ 600 de asistenţi sociali, iar în 2008 s-a preconizat angajarea a încă 396 unităţi de asistenţi sociali comunitari. Numărul acestora continuă să fie insuficient comparativ cu diversitatea nevoilor populaţiei vulnerabile şi necesitatea acestora de asistenţă socială. Doar circa 10 % din asistenţii sociali angajaţi dispun de calificarea necesară. Salariile mici conduc la fluctuaţia sporită a cadrelor. La nivel raional în structu- rile de asistenţă socială sînt angajaţi specialişti în problemele familiilor cu copii în situaţie de risc, specialişti în problemele persoanelor în vîrstă şi cu disabilităţi, specialişti pentru evidenţa şi distribuirea ajutorului material din fondul local de susţinere socială a populaţiei. Cu toate acestea, cea mai mare proporţie de personal ce pre- stează servicii sociale este angajată în serviciile rezidenţiale. Cele mai recente cifre indică că 5400 de angajaţi lucrează în instituţiile rezidenţiale pentru copii, iar aproape 1500 пЂ în instituţiile subordonate Ministerului Protecţiei Sociale, Familiei şi Copilului pentru persoanele vîrstnice şi persoanele cu disabilităţi. Acest număr reprezintă o rată de un angajat pentru două persoane aflate în îngrijirea rezidenţială, ceea ce nu reprezintă ne- apărat nevoile multor persoane şi care majorează costurile în contextul resurselor limitate.
Finanţe
36. Resursele pentru finanţarea serviciilor sociale sînt diverse. Bugetul de stat oferă mijloace financiare pentru instituţiile rezidenţiale specializate şi pentru programele naţionale de protecţie socială; bugetele unităţilor adminis- trativ-teritoriale oferă resurse financiare pentru serviciile sociale dezvoltate pe teritoriul din subordine şi pentru be- neficiarii locali; iar mijloacele financiare ale Fondului republican şi fondurilor locale de susţinere socială a populaţiei sînt folosite pentru acordarea ajutorului material unic persoanelor în dificultate. Mijloacele din donaţii, sponsori- zări şi alte contribuţii din partea persoanelor fizice sau agenţilor economici din ţară şi de peste hotare sînt sporadice. 37. Pe parcursul anului 2007 din bugetul public naţional au fost cheltuiţi circa 6596,9 milioane lei pentru
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protecţie socială, din care 2157,2 milioane lei prin domeniul asistenţei sociale şi 4439,7 milioane lei prin siste- mul de asigurări sociale. Mijloacele Fondului republican şi fondurilor locale de susţinere socială a populaţiei au constitut 112,4 milioane lei, care a avut ca beneficiari aproximativ 329,7 mii beneficiari. Pentru serviciile sociale au fost cheltuite circa 248,9 milioane lei, ceea ce constituie 11,5 la sută din cheltuielile pentru asistenţă socială. Din acestea, cheltuielile pentru serviciile comunitare constituie 28,4 la sută sau circa 70,6 milioane lei, pentru servicii sociale specializate 18,0 la sută sau 44,7 milioane lei şi pentru servicii sociale cu specializare înaltă (preponderent serviciile rezidenţiale) 53,6 la sută sau 133,5 milioane lei. Dacă comparăm mijloacele financiare cu numărul beneficiarilor, atunci putem constata că în prezent cele mai ieftine sînt serviciile prestate la nivel de comunitate şi constituie în medie 1506,3 lei pentru un beneficiar, cele mai costisitoare fiind serviciile sociale cu specializare înaltă, care constituie 10728,9 lei pe un beneficiar.
III. Definirea problemelor care determină necesitatea Programului
38. Serviciile sociale existente nu satisfac nevoile persoanelor în termeni cantitativi sau / şi calitativi. 39. Referitor la cantitatea serviciilor sociale solicitate şi prestate, există probleme de două tipuri: pe de o parte, multe persoane nu beneficiază de servicii sociale chiar dacă au nevoie de ele (adică, există erori de ex- cludere), iar pe de altă parte, unele persoane beneficiază de servicii sociale de care nu au nevoie (adică, erori de includere). Motivele sînt: a) serviciile sociale existente sînt amplasate preponderent în localităţile urbane, iar în localităţile rurale acestea sînt insuficiente sau chiar inexistente ceea ce limitează accesul la ele a multor persoane în dificultate; b) lipsa informaţiei cu privire la serviciile sociale nu asigură pe deplin realizarea dreptului la asistenţă soci- ală, mai ales în rîndul populaţiei rurale; c) cerinţele pentru confirmarea eligibilităţii pentru serviciile sociale se consideră complicate, ceea ce gene- rează refuzul solicitantului; d) atitudinile neadecvate faţă de beneficiari, intenţionate sau neintenţionate, pot împiedica persoanele să solicite serviciile sociale de care au nevoie; e) unele servicii sociale sînt limitate la anumite grupuri de persoane, ceea ce înseamnă că alţii care ar putea beneficia de ele nu au această posibilitate; f) nu există un sistem de revizuire a cazurilor pentru a asigura servicii adecvate nevoilor beneficiarilor şi necesitatea identificării momentului de ieşire din sistemul de asistenţă socială în cazul în care circumstanţele lor se îmbunătăţesc. 40. Referitor la calitatea serviciilor sociale se constată unele deficienţe: a) serviciile sociale nu sînt prestate în baza evaluării nevoilor individuale şi comunitare; b) sistemul actual se bazează mai mult pe servicii de intervenţie decît pe servicii de prevenire. Această si- tuaţie permite agravarea cazurilor, iar soluţionarea lor devine imposibilă la nivel comunitar, şi sînt referite la servicii de asistenţă specializată, care sînt şi mai costisitoare. Intervenţia întîrziată provoacă efecte negative atît asupra beneficiarului şi familiei lui, cît şi asupra comunităţii; c) reabilitarea şi reintegrarea beneficiarilor nu sînt întotdeauna atribuţii ale serviciilor sociale primare; d) nu există un cadru operaţional comprehensiv pentru prestarea serviciilor sociale; e) distribuirea resurselor financiare şi umane este ineficientă. În anul 2007 serviciile sociale cu specializare înaltă au acoperit 3% din cazurile de servicii sociale şi au constituit 53,6% din cheltuielile bugetului executat, pe cînd cele 28,4% din cheltuielile pentru serviciile sociale acoperă la rîndul său 11,3% din beneficiarii de servicii sociale comunitare. Totodată, serviciile sociale cu specializare înaltă utilizează un număr disproporţional de angajaţi. 41. Unele măsuri noi de asistenţă socială orientate spre soluţionarea problemelor identificate au fost deja pilotate. Prezentul Program are drept scop consolidarea acestor eforturi pentru a oferi asistenţă socială celor ce au nevoie de ea, racordînd-o la nevoile beneficiarilor.
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IV. Scopul Programului
42. Scopul prezentului Program este de a îmbunătăţi calitatea vieţii persoanelor în dificultate. 43. Sistemul integrat de servicii sociale este o componentă a sistemului de protecţie socială prin care statul, auto- rităţile administraţiei publice locale şi societatea civilă asigură prevenirea, limitarea şi eliminarea efectelor temporare sau permanente ale situaţiilor generate de sărăcie şi vulnerabilitate sporită. 44. Integrarea sistemului de servicii sociale presupune mai multe abordări integrative: integrare la nivel de politici, integrarea serviciilor sociale pentru toate grupurile de beneficiari într-un sistem unic, racordarea serviciilor sociale cu prestaţiile sociale, integrarea la nivelul abordării comprehensive a familiei, unificarea me- todologiei de lucru a sistemului, integrarea de ordin multidisciplinar la nivelul grupului. Integrarea sistemului de servicii sociale va fi realizată, de asemenea, şi prin intermediul programelor intersectoriale, bazate pe pro- movarea unor politici strategice care vizează serviciile sociale pentru toate grupurile de beneficiari, de exemplu, dezinstituţionalizare, combaterea traficului de fiinţe umane, oportunităţi egale, abordare gender etc. 45. În afară de principiul integrării sistemice, prezentul Program este ghidat de următoarele principii: a) principiul asistenţei sociale orientate – prevede direcţionarea prioritară a serviciilor sociale spre cei mai săraci şi vulnerabili, identificaţi în baza evaluării nevoilor individuale; b) principiul centrării pe beneficiar – prevede ajustarea serviciilor sociale la nevoile beneficiarilor, într-un proces de schimbare continuă, în baza evaluării sistematice a impactului acestora asupra situaţiei beneficia- rului. Aceasta include consolidarea capacităţilor şi motivarea beneficiarului de a depăşi situaţia de dificultate, acolo unde este posibil, precum şi încurajarea implicării active a beneficiarului în identificarea nevoilor, plani- ficarea, implementarea şi monitorizarea serviciilor sociale; c) principiul prestării serviciilor sociale în comunitate – prevede suportul prioritar al beneficiarului în fa- milie şi în comunitate; d) principiul accesibilităţii – prevede asigurarea accesului persoanelor în dificultate la toate serviciile: in- formarea populaţiei despre serviciile sociale existente, dezvoltarea serviciilor sociale noi şi amplasarea lor în proximitatea beneficiarilor, precum şi adaptarea mediilor la necesităţile beneficiarilor; e) principiul oportunităţilor egale – prevede asigurarea drepturilor la serviciile sociale tuturor persoanelor în dificultate, fără discriminare de gen, vîrstă, religie, cultură şi limbă.
V. Obiective şi domenii de intervenţie
46. Pentru a realiza obiectivele prezentului Program, este necesar de a examina rezultatele scontate, precum şi contribuţiile necesare (inclusiv resurse umane şi financiare) pentru atingerea acestor rezultate.
OBIECTIVUL I Asigurarea calităţii şi eficienţei sistemului integrat de servicii sociale
47. Calitatea şi eficienţa sînt îmbunătăţite prin funcţionarea eficientă a celor cinci componente ale cadrului de gestionare a sistemului integrat de servicii sociale: a) cadrul normativ; b) cadrul instituţional (inclusiv delimitarea funcţiilor şi responsabilităţilor pe niveluri administrative); c) cadrul operaţional (dezvoltarea şi standardizarea procedurilor de lucru); d) resurse umane; e) finanţe. 48. Funcţionarea coerentă şi eficientă a sistemului integrat de servicii sociale se realizează prin proceduri de monitorizare a calităţii şi eficienţei sistemului, crearea mecanismului de acreditare a prestatorilor de servicii sociale în baza indicatorilor stabiliţi în standardele de calitate elaborate pentru fiecare tip de serviciu social. Totodată, calitatea serviciilor sociale prestate depinde şi de asigurarea nivelului de competenţă profesională a personalului angajat în sistemul de asistenţă socială.
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Dezvoltarea, ajustarea şi promovarea cadrului normativ
49. Cadrul normativ va fi revizuit şi ajustat în conformitate cu prezentul Program. În acest proces vor fi luate în considerare progresele şi lacunele cadrului normativ naţional, prevederile tratatelor internaţionale la care Republica Moldova este parte, experienţa naţională şi internaţională în prestarea serviciilor sociale, precum şi recomandările din rapoartele internaţionale cu privire la respectarea drepturilor beneficiarilor. 50. Va fi modificată şi completată Legea asistenţei sociale nr. 547-XV din 25 decembrie 2003 şi vor fi ela- borate: Legea privind serviciile sociale, Legea cu privire la protecţia copilului, Legea cu privire la acreditare şi inspecţie în domeniul asistenţei sociale.
Dezvoltarea şi consolidarea cadrului instituţional
51. La nivel central, MPSFC, care dirijează procesul de elaborare şi implementare a politicii statului în do- meniul asistenţei sociale, îşi va concentra eforturile asupra elaborării şi revederii abordărilor strategice, precum şi asupra asigurării funcţionării mecanismelor de monitorizare a întregului sistem de servicii sociale la toate nivelurile administraţiei publice. Acestea includ revizuirea cadrului normativ şi financiar, formarea profesiona- lă continuă, elaborarea standardelor de calitate, mecanismelor de procurare a serviciilor sociale, procedurilor de acreditare şi inspecţie, mecanismelor de monitorizare şi evaluare a calităţii serviciilor sociale, procedurilor de raportare. Deoarece problemele cu care se confruntă populaţia sînt multiaspectuale, iar prevenirea şi soluţionarea acestora necesită indispensabil implicarea societăţii în ansamblu, managementul strategic eficient presupune elaborarea unei politici globale şi coerente privind sistemul protecţiei sociale, cu stabilirea ulterioară a domeni- ilor de competenţă interministerială. În acest context, este necesar de a stabili, la nivel guvernamental, o comisie interministerială pentru probleme sociale privind coordonarea politicilor intersectoriale. Grupul sectorial de lucru pentru cadrul de cheltuieli pe termen mediu în protecţia socială este un for important pentru realizarea acestei coordonări. 52.Competenţele organizaţionale şi manageriale ale MPSFC vor fi revizuite şi perfecţionate. 53. Ţinînd cont de concentrarea competenţei de bază asupra elaborării şi managementului politicilor soci- ale, MPSFC va coopera cu autorităţile administraţiei publice locale de nivelul întîi şi nivelul al doilea, în condi- ţiile legii, în dezvoltarea serviciilor sociale şi asigurarea calităţii lor. 54. Autorităţile administraţiei publice locale de nivelul al doilea sînt responsabile de implementarea politicilor sociale şi gestionarea politicilor naţionale la nivel teritorial, inclusiv dezvoltarea, monitoriza- rea şi evaluarea serviciilor sociale specializate cu aplicarea procedurilor de planificare strategică locală. Ele vor fi responsabile pentru angajarea şi supervizarea profesională a asistenţilor sociali şi lucrătorilor sociali. 55. În vederea consolidării capacităţilor structurilor teritoriale de asistenţă socială, se recomandă autorităţilor administraţiei publice locale de nivelul întîi şi nivelul al doilea, să creeze Serviciul asistenţă socială comunitară. 56. Responsabilitatea cu privire la protecţia drepturilor copilului se recomandă a fi transferată din compe- tenţa direcţiilor generale învăţămînt, tineret şi sport în competenţa structurilor teritoriale de asistenţă socială. 57. Comisiile pentru protecţia copilului aflat în dificultate vor fi instituite în acele regiuni unde acestea încă nu au fost create conform legislaţiei. Aceste comisii sînt esenţiale pentru asigurarea îngrijirii optime pentru fiecare copil în dificultate, prioritatea fiind acordată serviciilor familiale, iar plasamentul în instituţiile reziden- ţiale fiind folosit în ultimă instanţă. În plus, MPSFC va explora posibilitatea extinderii abordării de prevenire a instituţionalizării asupra altor grupuri de beneficiari. 58. Autoritatea administraţiei publice locale va stabili parteneriate cu societatea civilă, care reprezintă o sursă semnificativă în calitate de prestator actual sau potenţial de servicii sociale şi furnizor de modele de bune practici. Pentru aceasta autoritatea administraţiei publice locale va aplica un mecanism de procurare a servici- ilor sociale, conform nevoilor comunităţii. 59. Autorităţile administraţiei publice locale de nivelul întîi vor fi susţinute în consolidarea capacităţilor pentru realizarea responsabilităţilor cu privire la crearea serviciilor sociale comunitare, în conformitate cu pre- vederile legislaţiei. Finanţatorii (inclusiv donatorii internaţionali) oricăror servicii sociale comunitare vor con- lucra cu autorităţile administraţiei publice locale pentru dezvoltarea serviciilor sociale.
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Dezvoltarea cadrului operaţional
60. Va fi dezvoltat un cadru operaţional unic care va include: mecanismul de referire a beneficiarilor de la un nivel de servicii sociale la altul, metodologia de evaluare a nevoilor individuale şi comunitare, standardele de calitate pentru toate serviciile sociale, sistemul de acreditare a prestatorilor de servicii sociale, inspecţie şi rezolvare a plîngerilor pentru asigurarea respectării standardelor de calitate, procedurile de procurare a servi- ciilor sociale de la prestatorii acreditaţi. 61. Mecanismul de referire specifică itinerarul beneficiarului în sistemul de asistenţă socială în baza proble- mei individuale. Atunci cînd este identificat un caz, persoana va fi înregistrată la nivel comunitar şi va beneficia de suport de urgenţă dacă există o criză, sau va fi supusă unei evaluări iniţiale efectuate de către asistentul social comunitar. Dacă persoana va avea nevoie de mai multă asistenţă, ea va trece printr-o evaluare complexă efectu- ată de către asistentul social, conform căreia va fi elaborat un plan individualizat de asistenţă socială. Intenţia va fi întotdeauna de a soluţiona cazul la nivel comunitar. Numai dacă problema nu poate fi rezolvată la acest nivel, persoana va fi referită spre servicii sociale specializate sau cu specializare înaltă. 62. Evaluarea nevoilor individuale este fundamentală în determinarea celei mai optimale forme de interven- ţie pentru un beneficiar de servicii sociale şi formează baza unui plan individualizat de asistenţă. Evaluarea va fi efectuată în baza unui formular – standard care va identifica persoana, problema şi soluţia propusă, inclusiv ceea ce poate fi făcut, de către cine, cînd şi unde vor avea loc intervenţiile. 63. Calitatea serviciilor sociale va fi realizată prin stabilirea standardelor de calitate. Aceste standarde vor sta la baza mecanismelor de acreditare a prestatorilor de servicii sociale, procedurilor de inspecţie a serviciilor sociale, precum şi pentru înregistrarea şi rezolvarea plîngerilor. Este necesar ca aceste mecanisme să nu fie prea complexe şi să protejeze beneficiarii. Standardele de calitate şi mecanismele vor fi elaborate de către MPSFC şi vor include: a) standardele de calitate. Beneficiarii de servicii sociale vor fi implicaţi în elaborarea acestor standarde pentru a asigura faptul că sînt luate în considerare aşteptările şi aspiraţiile beneficiarilor; b) acreditarea presupune evaluarea potenţialului prestatorilor de a oferi servicii sociale la calitatea solicitată, cerîndu-le să-şi asume responsabilitatea să respecte standardele de calitate şi să fie inspectaţi ca parte a proce- sului de înregistrare în calitate de prestatori; c) inspecţia care are drept scop verificarea calităţii serviciilor sociale, conform standardelor de calitate, şi oferirea recomandărilor pentru îmbunătăţirea lor. Inspecţia nu reprezintă un scop prin sine însăşi, ci este meni- tă să ridice standardul de prestare a serviciului şi să contribuie la calitatea vieţii beneficiarilor; d) procedura de depunere a plîngerilor va fi efectuată în două etape: internă şi externă. Prima etapă (cea internă) include adresarea plîngerii către persoana care a lucrat nemijlocit cu beneficiarul (asistentul social, angajatul centrului de zi etc., sau managerul de caz), pentru ca această persoană să poată răspunde direct. În cazul în care aceasta nu rezolvă plîngerea, ea va ajunge la a doua etapă (cea externă), la un serviciu formal de depunere a plîngerilor; e) procedurile de recrutare şi selectare a personalului pentru sistemul de asistenţă socială, precum şi progra- mele de formare profesională continuă vor susţine menţinerea calităţii serviciilor sociale prestate. 64. Mecanismul de procurare a serviciilor sociale va fi elaborat şi utilizat în cazul în care nevoile comunitare identificate nu vor fi acoperite de serviciile sociale existente. Aceasta va contribui la stabilirea diferitelor parte- neriate între autorităţile publice locale şi societatea civilă şi sectorul privat, orientate spre dezvoltarea serviciilor sociale noi.
Consolidarea resurselor umane angajate în sistemul de asistenţă socială
65. Ţinînd cont de numărul mare de potenţiali beneficiari ai serviciilor sociale, este necesar de a mări aco- perirea nevoilor lor prin extinderea şi perfecţionarea activităţii profesionale a personalului angajat la nivel comunitar, precum şi stimularea potenţialului comunităţii în rezolvarea problemelor sociale. 66. Resursele umane responsabile de prestarea serviciilor sociale comunitare sînt reprezentate de asistentul social comunitar şi lucrătorul social care sînt susţinuţi direct prin proceduri de supervizare din partea specialiş- tilor din cadrul structurilor teritoriale de asistenţă socială. Este necesar de consolidat reţeaua de asistenţi sociali comunitari prin recrutare pentru completarea locurilor vacante, pînă la minimumul planificat şi prin acordarea instruirii şi suportului pentru menţinerea persoanelor deja angajate.
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67. Nivelul competenţelor profesionale a personalului angajat în serviciile sociale determină direct calitatea serviciilor prestate. În scopul îmbunătăţirii competenţelor, angajaţii vor beneficia de supervizare profesională şi de un program ajustat de formare profesională continuă, precum şi de posibilitatea de promovare în baza competenţelor profesionale. 68. Supervizarea profesională permite asistenţilor sociali comunitari şi lucrătorilor sociali să discute cele mai dificile cazuri din practica lor cu un specialist experimentat. De asemenea, ea îi ajută să-şi înţeleagă propri- ile gînduri şi emoţii şi să reducă riscul stresului profesional, astfel menţinînd şi susţinînd angajaţii în paralel cu sporirea competenţelor profesionale. Supervizarea profesională va avea loc în comunitate şi la raion, la intervale regulate de timp. 69. Programul şi strategia de formare profesională continuă va include următoarele componente: a) dezvoltarea abilităţilor profesionale de bază cu diferenţiere pe subniveluri: iniţial şi avansat. Instruirea va fi organizată în cadrul centrelor de instruire continuă care funcţionează pe lîngă universităţile ce pregătesc asistenţi sociali. Universităţile pentru desfăşurarea instruirilor vor fi selectate conform metodologiei aprobate de MPSFC; b) formarea abilităţilor specializate se va realiza cu folosirea potenţialului serviciilor sociale existente. Prin proceduri de concurs, MPSFC va selecta serviciile ce demonstrează practici bune şi abilităţi avansate şi le va atribui statutul de centre metodice, în cadrul cărora va fi promovată instruirea; c) MPSFC va evalua necesităţile de instruire ale angajaţilor în sistemul de asistenţă socială, va ţine evidenţa instruirilor anterioare şi va planifica procesul de formare profesională continuă pe niveluri de competenţă, în baza curriculumului aprobat de MPSFC. Acest proces va contribui la dezvoltarea competenţelor profesionale teoretice şi practice şi la învăţarea metodelor şi tehnicilor noi de lucru cu diferite grupuri de beneficiari; d) va fi elaborat mecanismul de atestare a competenţelor profesionale a angajaţilor în sistemul de asistenţă socială. 70. Reducerea numărului beneficiarilor de servicii rezidenţiale ce implică intervenţii intensive 24/24 ore şi, va condiţiona reducerea numărului total de angajaţi în serviciile rezidenţiale. Aceştia vor avea oportunitatea să se recalifice pentru prestarea altor tipuri de servicii, precum serviciul de asistenţă parentală profesionistă.
Finanţe
71. Legea asistenţei sociale nr. 547-XV din 25 decembrie 2003 stabileşte contribuţia fiecărei părţi la cheltu- ielile de organizare şi funcţionare a instituţiilor publice specializate de asistenţă socială, precum şi la prestarea serviciilor sociale. În contextul prevederilor pentru crearea sistemului integrat de servicii sociale vor fi alocate resurse finan- ciare, conform legislaţiei: a) din bugetul de stat; b) din bugetele unităţilor administrativ-teritoriale; c) din alte surse. 72. Schimbarea abordării de la îngrijire predominant rezidenţială spre îngrijire comunitară implică redirec- ţionarea resurselor financiare existente spre serviciile sociale comunitare.
OBIECTIVUL II Dezvoltarea, consolidarea şi integrarea serviciilor sociale orientate spre grupurile de per- soane în dificultate
73. Acest obiectiv prevede asigurarea populaţiei cu servicii sociale bazate pe evaluarea nevoilor, prin diver- sificarea şi îmbunătăţirea calităţii serviciilor sociale comunitare la nivelul fiecărei unităţi teritorial-administra- tive, integrarea tuturor serviciilor sociale într-un sistem coerent şi echilibrat. 74. Programul intenţionează să extindă rapid serviciile sociale comunitare şi specializate şi să îmbunătăţeas- că considerabil eficienţa şi eficacitatea serviciilor sociale cu specializare înaltă. Această schimbare va modifica proporţia dintre serviciile rezidenţiale şi cele comunitare, în favoarea celor din urmă, necesitînd redirecţionarea resurselor financiare.
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Crearea şi dezvoltarea serviciilor sociale primare
75. Prezentul Program prevede extinderea serviciilor sociale la nivel comunitar, care reprezentă o sursă majoră pentru implementarea eficientă a politicilor sociale. Comunitatea intervine cu acordarea sprijinului sistematic cu caracter profesional, completat cu sprijinul comunitar şi interpersonal. Serviciile sociale primare sînt orientate spre prevenirea sau limitarea situaţiei de dificultate, soluţionarea problemei la etapa incipientă, cu menţinerea beneficiarului în familie şi comunitate. În acest context, descentralizarea serviciilor sociale repre- zintă un cadru favorabil pentru activizarea comunităţii, mobilizarea resurselor şi eforturilor umane în rezolva- rea a circa 80% din solicitările de asistenţă socială. 76. Serviciile sociale primare sînt prestate tuturor grupurilor de beneficiari la nivelul fiecărei comunităţi. În acelaşi timp, primăriile vor lua decizii privind dezvoltarea serviciilor sociale specializate, în baza evaluării nevoilor şi potenţialului comunităţii. Serviciile sociale primare sînt universal relevante şi au un cost redus pe beneficiar. 77. Asistenţii sociali comunitari sînt responsabili de identificarea şi evaluarea potenţialilor beneficiari, care pot include copii, vîrstnici, persoane cu disabilităţi, persoane dependente de consumul de alcool, droguri sau alte substanţe toxice, persoane infectate sau bolnave HIV/SIDA, persoane neglijate, abuzate, victime ale violen- ţei în familie sau ale traficului de fiinţe umane. Asistenţii sociali elaborează planuri individualizate de asistenţă, prestează servicii sociale primare (inclusiv servicii de consiliere, suport acordat familiilor şi monitorizarea pro- gresului copiilor plasaţi în familiile substitutive), şi efectuează referirea cazurilor spre servicii sociale specia- lizate. În afară de aceasta, ei oferă informaţii de ordin general, efectuează evaluarea nevoilor comunitare şi fac recomandări pentru dezvoltarea unor servicii sociale noi. Asistentul social, de asemenea, mobilizează potenţia- lul comunităţii pentru sprijinul persoanelor în dificultate prin implicarea voluntarilor şi crearea grupurilor de suport. Din acest motiv este de importanţă primară extinderea reţelei de asistenţi sociali şi acordarea instruirii profesionale continue. 78. Lucrătorii sociali prestează servicii practice de îngrijire la domiciliu, în special, persoanelor vîrstnice şi celor cu disabilităţi. Aceasta include asistarea persoanelor la igiena personală, alimentare, cumpărături, curăţarea casei şi crearea legăturilor cu alte servicii publice locale. Întrucît lucrătorii sociali dezvoltă relaţii personale bune cu mem- brii comunităţii, ei vor putea mobiliza voluntari pentru activităţi comunitare. Pînă în prezent, numărul lucrătorilor sociali a depins de o normă a unui lucrător social la aproximativ 10 beneficiari. Pe măsură ce sistemul va impune evaluarea nevoilor individuale şi elaborarea planurilor individualizate de asistenţă, se presupune ca numărul be- neficiarilor susţinuţi de un singur lucrător social să varieze, în funcţie de nevoile identificate. 79. Crearea centrelor comunitare multifuncţionale în cadrul cărora pot fi prestate servicii sociale primare pentru toate grupurile de beneficiari, care ar asigura integrarea socială a persoanelor cu vîrste şi probleme di- ferite. Centrele pot fi amplasate în orice clădiri ce există în comunitate şi sînt adaptate activităţilor serviciului (şcoala, grădiniţa pentru copii, primăria, spitalul etc.). Ele pot servi ca bază pentru echipa asistentului social şi a lucrătorilor sociali care activează în comunitate. De asemenea, în cadrul centrului pot fi oferite servicii cu acces nelimitat, precum cercurile extraşcolare, grupurile de suport pentru vîrstnici, cuplul mamă-copil, cu scop de prevenire a excluziunii sociale.
Crearea şi dezvoltarea serviciilor sociale specializate 80. Serviciile sociale specializate sînt adresate unui număr limitat de beneficiari de circa 20%, adesea referiţi de la comunitate, care au nevoie de reabilitare sau asistenţă intensă în timp din partea specialiştilor cu un nivel adecvat de calificare. Еўinînd cont de faptul că serviciile sociale specializate sînt adesea orientate spre recupe- rare, ele sînt mai costisitoare decît serviciile sociale primare. Decizia privind crearea acestora trebuie să fie luată în baza evaluării nevoilor şi posibilităţilor comunităţii. 81. Tipurile de servicii sociale specializate ce urmează a fi prestate conform prezentului Program sînt simi- lare cu cele prestate în prezent: consiliere specializată, servicii specializate de îngrijire de zi (inclusiv cele ce ţin de domeniul medical şi social, precum terapia ocupaţională, psihoterapia şi logopedia), centre de plasament temporar (inclusiv cazare pentru tinerii care părăsesc sistemul rezidenţial de protecţie sau cazare pentru o perioadă determinată pentru persoanele fără domiciliu), suport familiilor substitutive, ajutor material pentru reintegrarea copiilor în familii din îngrijirea rezidenţială, susţinere la protezare, acordarea ajutoarelor de mobi- litate şi adaptări mici la mediu. 82. Serviciile sociale specializate vor fi prestate la toate nivelurile administrative (comunitar, raional, na- ţional) în baza nevoilor populaţiei stabilite şi potenţialului existent. Administraţia publică locală trebuie să
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dezvolte măsuri de protecţie prin crearea serviciilor sociale specializate sau prin procurarea serviciilor sau elementelor din cadrul serviciilor sociale dezvoltate de societatea civilă.
Crearea şi dezvoltarea serviciilor sociale cu specializare înaltă
83. Totodată, numărul serviciilor sociale primare şi specializate se va extinde pentru a acoperi nevoile per- soanelor care părăsesc instituţiile rezidenţiale, în special, copiii care sînt reintegraţi în familiile substitutive în cadrul programului de dezinstituţionalizare. În consecinţă, treptat, unele instituţii rezidenţiale nu vor mai fi necesare şi vor fi închise sau transformate în alte servicii. Acest proces de dezinstituţionalizare a fost deja apro- bat de Guvern. 84. Pentru un grup foarte restrîns de beneficiari cu probleme specifice, circa 2%, care necesită un regim de îngrijire continuă 24/24 ore, vor fi păstrate unele servicii de nivel naţional (reabilitare balneo-sanatorială, servicii de protezare şi ortopedie) şi vor fi create noi servicii sociale cu specializare înaltă: servicii în cadrul centrelor spe- cializate (centre pentru reabilitarea victimelor abuzului, centre pentru reabilitarea victimelor traficului de fiinţe umane, centre pentru reabilitarea post-penitenciară etc.), instituţii rezidenţiale (internate psihoneurologice) sau la domiciliu. Dezvoltarea serviciilor sociale cu specializare înaltă noi trebuie să se bazeze pe o analiză detaliată a efectelor plasării acestei categorii de servicii, precum şi a durabilităţii economice şi sociale a acestora. Serviciile respective pot fi coordonate de autoritatea publică locală prin acorduri încheiate cu prestatorii de servicii. 85. Costul pe unitate al serviciilor sociale cu specializare înaltă este, de obicei, foarte mare. Costurile mari şi numărul limitat de beneficiari impun necesitatea unei evaluări periodice ale nevoilor solicitanţilor pentru o utilizare rezonabilă a resurselor, cu reorientarea flexibilă a serviciilor în cauză la nevoile curente ale populaţiei. Deciziile privind dezvoltarea serviciilor noi trebuie să fie argumentate în baza evidenţei şi cartografierii persoa- nelor excluse, prezenţei angajamentelor şi a resurselor financiare şi umane.
Estimarea impactului şi a costurilor
86. Obiectivele prezentului Program, precum şi angajamentul Guvernului de a reduce în ju- mătate numărul copiilor din instituţiile rezidenţiale către anul 2012, pot fi realizate numai în ca- zul în care va fi acordată finanţarea necesară pentru serviciile sociale comunitare, serviciile speci- alizate (acolo unde este necesar) şi pentru crearea mecanismului de prevenire a instituţionalizării. Consolidarea serviciilor la nivel comunitar va asigura economii de mijloace financiare pentru serviciile so- ciale specializate şi cu specializare înaltă, deoarece persoanele vor fi susţinute în cadrul serviciului adec- vat nevoii. Costul fiecărui caz va fi mai mic, ceea ce va oferi posibilitate de a deservi mai mulţi beneficiari. 87. Costurile estimate ale prezentului Program se pot încadra în bugetul existent, constituit din resursele bu- getului public naţional prevăzute pentru sectorul de protecţie socială în Cadrul de Cheltuieli pe Termen Mediu (CCTM) 2008-2010, Planul Naţional de Dezvoltare 2008-2011 şi resursele financiare ale donatorilor. Totodată, vor fi necesare realocări şi o direcţionare mai bună a resurselor financiare. Resursele eliberate în urma proce- sului de dezinstituţionalizare (reducerea numărului de copii şi de personal în sistemul rezidenţial) trebuie să fie realocate spre serviciile sociale comunitare. Pentru realizarea obiectivelor prezentului Program MPSFC va include măsuri în CCTM şi va întreprinde acţiuni pentru a direcţiona activitatea donatorilor spre domeniile neacoperite financiar din bugetul public naţional.
VII. Riscuri şi ameninţări în implementarea Programului
88. În contextul procesului de descentralizare administrativă, poate apărea riscul că nu toate autorităţile ad- ministraţiei publice locale vor asigura un nivel de servicii sociale adecvat nevoilor populaţiei. Aceste divergenţe ţin de gradul de angajare şi competenţă al autorităţilor administraţiei publice locale în identificarea, prioritiza- rea şi alocarea mijloacelor financiare pentru dezvoltarea serviciilor şi soluţionarea problemelor sociale. 89. MPSFC trebuie să asigure dezvoltarea durabilă a sistemului integrat de servicii sociale chiar şi atunci cînd serviciile sociale sînt descentralizate, iar autoritatea administraţiei publice locale trebuie să beneficieze de suport suficient pentru a-şi lărgi competenţele şi capacităţile în dezvoltarea şi diversificarea serviciilor sociale, în funcţie de nevoile comunităţii.
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VIII. Rezultate scontate şi indicatorii de progres
90. Activităţile realizate ca parte a prezentului Program vor fi monitorizate pentru a măsura rezultatele şi a evalua impactul Programului asupra dezvoltării unui sistem integrat de servicii sociale eficient şi efectiv. Aceas- ta va demonstra nivelul progresului spre scopul final de îmbunătăţire a calităţii vieţii grupurilor de populaţie în dificultate şi a celor în situaţie de risc. Indicatorii relevanţi vor fi identificaţi într-un cadru logic şi folosiţi ca instrument pentru evaluarea şi monitorizarea procesului de implementare a Programului. Monitorizarea şi evaluarea vor fi realizate la diferite niveluri (central, nivelul întîi şi nivelul al doilea), pre- cum şi la nivelul serviciilor sociale. Asistentul social comunitar va colecta date despre beneficiarii din sistemul de asistenţă socială, ca parte a evidenţei cazurilor, iar informaţia agregată va contribui la planificarea serviciilor sociale, analiza tendinţelor naţionale şi elaborarea planurilor pe termen lung în politica serviciilor sociale. 91. Rezultatele procesului de monitorizare şi evaluare vor fi folosite şi pentru identificarea, minimizarea şi evitarea unor riscuri noi.
IX. Etapele de implementare a Programului
92. Prezentul Program stabileşte o viziune pe termen lung pentru crearea sistemului integrat de servicii soci- ale, care va necesita perfecţionare şi ajustare permanentă la contextul social. Prezentul Program oferă un cadru realist pentru implementare, condiţionat de dezvoltarea capacităţilor instituţionale şi operaţionale ale statului, sectorului neguvernamental şi privat, de disponibilitatea resurselor financiare din bugetul naţional, precum şi de angajamentul donatorilor internaţionali pentru eficientizarea sistemului de asistenţă socială. 93. Implementarea coerentă a prezentului Program se va realiza în conformitate cu procesele de planificare ale autorităţilor publice centrale în trei etape: pe termen scurt, mediu şi lung. 94. Programul este însoţit de un plan de acţiuni, care descrie ordinea activităţilor de implementare. Acest plan va fi revizuit anual ca parte a procesului de monitorizare şi va fi coordonat cu resursele financiare dispo- nibile.
Acţiuni pe termen scurt (pînă la sfîrşitul anului bugetar 2009)
95. Perioada respectivă include trei priorităţi: a) continuarea procesului de dezvoltare a serviciilor sociale comunitare şi specializate, proces coordonat de MPSFC, prin conlucrare cu ministerele de resort, şi realizat de către autorităţile administraţiei publice locale de nivelul întîi şi nivelul al doilea, organizaţiile societăţii civile; b) asigurarea calităţii şi eficienţei sistemului integrat de servicii sociale; c) elaborarea şi demararea implementării planului de comunicare în contextul creării sistemului integrat de servicii sociale. 96. Dezvoltarea serviciilor sociale comunitare şi a serviciilor sociale specializate. Mecanismul de prevenire a instituţionalizării pentru reducerea fluxului de copii plasaţi în instituţii şi serviciile de plasament familial vor fi extinse, în special, în raioanele în care instituţiile rezidenţiale vor fi închise în următorii trei ani. În scopul dez- voltării serviciilor sociale pentru toate grupurile de beneficiari, MPSFC va încuraja autorităţile administraţiei publice locale să evalueze necesitatea dezvoltării serviciilor sociale, elaborarea strategiilor locale de dezvoltare şi diversificare a serviciilor sociale în baza evaluărilor efectuate. MPSFC va orienta suport regiunilor cu cele mai mari necesităţi sau cu cea mai mare posibilitate de atingere a unui impact pozitiv imediat. 97. Asigurarea calităţii şi eficienţei sistemului integrat de servicii sociale. Activităţile includ: (i) dezvoltarea, ajustarea şi aplicarea cadrului normativ; (ii) dezvoltarea şi consolidarea cadrului instituţional, cu delimitarea funcţiilor şi responsabilităţilor de bază pentru fiecare nivel administrativ; (iii) crearea unui sistem de formare profesională continuă pentru personalul angajat în sistemul de asistenţa socială, inclusiv un sistem de superviza- re; şi (iv) elaborarea standardelor de calitate şi crearea unui sistem de acreditare şi inspecţie a serviciilor sociale. 98. Planul de comunicare. Pentru implementarea prezentului Program este important să existe o conştientiza- re şi înţelegere publică a motivelor pentru schimbare şi a avantajelor sistemului integrat de servicii sociale. O campanie activă de comunicare şi sensibilizare ar putea influenţa atitudinea populaţiei faţă de serviciile sociale şi ar mări gradul de încredere în serviciile sociale prestate la nivel local.
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Acţiuni pe termen mediu (pînă la sfîrşitul anului 2011)
99. Perioada pînă la sfîrşitul anului 2011 este corelată cu procesele de planificare pe termen mediu în Strate- gia Naţională de Dezvoltare pentru 2008–2011, Cadrul de Cheltuieli pe Termen Mediu (CCTM) 2009–2011 şi Planul de Dezvoltare Instituţională al MPSFC pe 2009–2011. 100. Priorităţile pentru această perioadă sînt: a) susţinerea autorităţilor administraţiei publice locale de nivelul întîi şi nivelul al doilea în procesul de dezvoltare a serviciilor sociale; b) elaborarea şi implementarea mecanismelor şi procedurilor unificate şi standardizate pentru prestarea serviciilor sociale adresate tuturor grupurilor de beneficiari; c) elaborarea mecanismelor de acreditare, inspecţie în domeniul asistenţei sociale şi de procurare a servici- ilor sociale; d) elaborarea şi implementarea mecanismului de monitorizare şi evaluare a calităţii serviciilor sociale pre- state la nivel local.
Acţiuni pe termen lung (după anul 2011)
101. Activităţile pentru această perioadă vor lua în considerare contextul existent şi progresul realizat în perioadele precedente. Accentul va fi pus pe consolidarea şi diversificarea serviciilor sociale prestate tuturor grupurilor de beneficiari la toate nivelurile de administrare publică, consolidarea cadrului instituţional, opera- ţional şi financiar, precum şi dezvoltarea potenţialului resurselor umane pentru asigurarea calităţii serviciilor sociale prestate.
X. Monitorizarea şi evaluarea implementării Programului
102. În scopul evaluării impactului prezentului Program asupra creării şi dezvoltării unui sistem integrat de servicii sociale eficient, toate activităţile realizate trebuie să fie monitorizate şi evaluate prin intermediul unui sistem de management. 103. Monitorizarea şi evaluarea implementării prezentului Program se va efectua pe niveluri administrative, la nivelul fiecărei instituţii publice responsabile, folosind un sistem unic bazat pe indicatori calitativi şi canti- tativi. Implementarea unui sistem riguros de monitorizare şi evaluare va contribui la maximizarea impactului sistemului integrat de servicii sociale în scopul respectării principiilor sistemului şi nevoilor beneficiarilor, totodată, evitînd formarea dependenţei permanente de sistem. 104. Calitatea, corectitudinea şi eficacitatea măsurilor aplicate vor reflecta modul de aplicare în practică a obiectivelor propuse prin prezentul Program. Indicatorii relevanţi vor fi identificaţi în cadrul logic şi vor fi folosiţi ca instrument de evaluare şi monitorizare a implementării Programului. 105. Rezultatele procesului de monitorizare şi evaluare vor constitui o sursă importantă de informaţii pen- tru evaluarea politicilor sociale şi elaborarea strategiilor noi în domeniul asistenţei sociale, precum şi pentru evitarea unor riscuri noi. 106. Evaluarea continuă a politicilor sociale va permite elaborarea unei politici coerente, coordonarea stra- tegiilor bazate pe cunoaşterea adecvată a realităţii.
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26. HOTĂRÎRE pentru aprobarea Regulilor de eliberare a certificatului de luare în evidenţă a copilului care rămîne în ţară, al cărui părinte/tutore (curator), cetăţean al Republicii Moldova, se angajează provizoriu în muncă în străinătate Nr. 290 din 15.04.2009*
În scopul executării prevederilor art. 16 lit. d) şi art. 22 alin.(3) lit. d) ale Legii nr. 180-XVI din 10 iulie 2008 cu privire la migraţia de muncă (Monitorul Oficial al Republicii Moldova, 2008, nr. 162-164, art. 598)
Guvernul HOTĂRĂŞTE: 1. Se aprobă Regulile de eliberare a certificatului de luare în evidenţă a copilului care rămîne în ţară, al cărui părinte/tutore (curator), cetăţean al Republicii Moldova, se angajează provizoriu în muncă în străinătate (se anexează). 2. Controlul asupra executării prezentei hotărîri se pune în sarcina Ministerului Protecţiei Sociale, Familiei şi Copilului.
PRIM-MINISTRU Zinaida GRECEANÎI Contrasemnează: Prim-viceprim-ministru, ministrul economiei şi comerţului Igor Dodon Ministrul protecţiei sociale, familiei şi copilului Galina Balmoş Nr. 290. Chişinău, 15 aprilie 2009.
Aprobate prin Hotărîrea Guvernului nr. 290 din 15 aprilie 2009
Regulile de eliberare a certificatului de luare în evidenţă a copilului care rămîne în ţară, al cărui părinte/ tutore (curator), cetăţean al Republicii Moldova, se angajează provizoriu în muncă în străinătate
1. Certificatul de luare în evidenţă a copilului care rămîne în ţară, al cărui părinte/ tutore (curator), cetăţean al Republicii Moldova, se angajează provizoriu în muncă în străinătate (în continuare – certificat) se eliberează de secţiile/direcţiile asistenţă socială şi protecţie a familiei, Direcţia pentru ocrotirea şi protecţia minorilor din municipiul Chişinău, care exercită funcţiile de autoritate tutelară, la solicitarea părintelui/ tutorelui (curatoru- lui), cetăţean al Republicii Moldova, care se angajează provizoriu în muncă în străinătate (în continuare – so- licitant). 2. La cererea pentru eliberarea certificatului: a) părintele copilului anexează următoarele acte: buletinul de identitate (în copie); buletinul de identitate al soţului/soţiei (în copie); certificatul de căsătorie/divorţ/deces al unuia dintre părinţii copilului (în copie); certificatul de naştere al copilului (în copie); adeverinţa despre componenţa familiei, eliberată de organul admi- nistraţiei publice locale, serviciul de exploatare a fondului de locuinţe sau de alte instituţii în gestiunea cărora se află fondul de locuinţe; b) tutorele (curatorul) anexează următoarele acte: buletinul de identitate (în copie); certificatul de naştere al copilului (în copie). 3. În cazul în care copilul rămîne în îngrijirea unuia dintre părinţi, solicitantul anexează la cerere adeverinţa prin care se confirmă capacitatea părintelui, în îngrijirea căruia va rămîne copilul, de a-şi exercita drepturile şi
* Publicat: 24.04.2009 în Monitorul Oficial Nr. 80-81 art Nr : 341
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obligaţiile părinteşti, în conformitate cu prevederile Codului familiei, eliberată la locul de trai al acestuia de au- toritatea tutelară din unitatea administrativ-teritorială de nivelul întîi, iar în municipiul Chişinău – de direcţiile sectoriale pentru ocrotirea şi protecţia minorilor. 4. În cazul în care, urmare a angajării provizorii în muncă în străinătate a părintelui/tutorelui (curatorului), copilul rămîne în ţară fără reprezentant legal, autoritatea tutelară specifică în certificat forma de protecţie apli- cată copilului conform articolului 115 alineatul (2) al Codului Familiei. 5. Pentru situaţiile specificate în punctul 3, secţiile/direcţiile asistenţă socială şi protecţie a familiei, Direcţia pentru ocrotirea şi protecţia minorilor din municipiul Chişinău eliberează certificatul de modelul ECPAMS-1, iar pentru situaţiile specificate în punctul 4 – certificat de modelul ECPAMS-2 în conformitate cu anexele nr. 1 şi nr.2 la prezentele Reguli. 6. Pentru fiecare copil aflat în îngrijirea solicitantului se eliberează cîte un certificat separat. 7. Termenul de valabilitate al certificatului este de 3 luni din data eliberării.
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27. HOTĂRÎRE cu privire la aprobarea Regulamentului-cadru de organizare şi funcţionare a centrelor de reabilitare a victimelor violenţei în familie nr. 129 din 22.02.2010 Monitorul Oficial nr.30-31/176 din 26.02.2010
*** În scopul executării prevederilor Legii nr.45-XVI din 1martie 2007 cu privire la prevenirea şi combaterea violenţei în familie (Monitorul Oficial al Republicii Moldova, 2008, nr.55-56, art.178), Guvernul
HOTĂRĂŞTE:
1. Se aprobă Regulamentul-cadru de organizare şi funcţionare a centrelor de reabilitare a victimelor violen- ţei în familie (se anexează). 2. Centrele care vor presta servicii de asistenţă şi protecţie victimelor violenţei în familie vor aproba propri- ile regulamente de organizare şi funcţionare în baza Regulamentului-cadru nominalizat. 3. Ministerul Muncii, Protecţiei Sociale şi Familiei va coordona deschiderea de astfel de centre pe teritoriul ţării şi va monitoriza activitatea lor.
PRIM-MINISTRU Vladimir FILAT
Contrasemnează: Ministrul muncii, protecţiei sociale şi familiei Valentina Buliga Ministrul afacerilor interne Victor Catan Ministrul finanţelor Veaceslav Negruţa
Chişinău, 22 februarie 2010. Nr.129.
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Aprobat prin Hotărîrea Guvernului nr.129 din 22 februarie 2010
REGULAMENT-CADRU de organizare şi funcţionare a centrelor de reabilitare a victimelor violenţei în familie
I. DISPOZIŢII GENERALE
1. Centrul de reabilitare a victimelor violenţei în familie (în continuare – Centru), este o instituţie speciali- zată care oferă plasament temporar şi asistenţă victimelor violenţei în familie. 2. Centrul îşi desfăşoară activitatea în conformitate cu legislaţia în vigoare, cu standardele minime de cali- tate în domeniu şi cu prezentul Regulament. 3. Activitatea Centrului este monitorizată şi evaluată de către fondatori şi de către organul teritorial de asis- tenţă socială la un anumit termen, sau la solicitarea acestuia, prin prezentarea rapoartelor de activitate. 4. Centrul este persoană juridică, dispune de ştampilă şi de cont bancar. 5. Centrul îşi organizează activitatea în baza următoarelor principii: 1) respectarea şi promovarea drepturilor, intereselor şi demnităţii persoanelor asistate; 2) respectarea interesului superior al copilului şi a drepturilor lui; 3) nediscriminarea; 4) asigurarea confidenţialităţii şi eticii profesionale; 5) respectarea opiniei persoanei asistate (adult sau copil); 6) interdisciplinaritate şi multidisciplinaritate; 7) asigurarea accesului la servicii de calitate; 8) deschidere către comunitate. 6. Scopul Centrului este de a oferi plasament temporar, asistenţă victimelor violenţei în familie, socializare şi reintegrare în familie şi/sau comunitate.
II. ORGANIZAREA ŞI FUNCŢIONAREA CENTRULUI
7. Centrul poate fi creat: 1) de Guvern, la propunerea Ministerului Muncii, Protecţiei Sociale şi Familiei; 2) de autorităţile administraţiei publice locale, la propunerea comisiei pentru probleme sociale; 3) de organizaţiile internaţionale şi organizaţiile neguvernamentale, cu informarea Ministerului Muncii, Protecţiei Sociale şi Familiei; 4) de autorităţile administraţiei publice locale şi organizaţiile neguvernamentale sau private, în baza unui acord de activitate comună. 8. Centrul are ca obiect de activitate acordarea, în mod gratuit de servicii sociale specializate, în conformita- te cu standardele minime de calitate şi răspunde nevoilor specifice şi reale ale fiecărei persoane asistate: 1) asigură primire, protecţie şi plasament temporar victimelor violenţei în familie; 2) asigură servicii de igienă personală; 3) oferă asistenţă juridică, socială, psihologică şi medicală de urgenţă; 4) acordă suport informaţional pentru găsirea unei locuinţe, a unei instituţii preşcolare sau preuniversitare; 5) acordă educaţie nonformală în vederea asimilării cunoştinţelor şi deprinderilor necesare integrării sociale; 6) promovează socializarea şi dezvoltarea relaţiilor cu comunitatea şi/sau familia; 7) facilitează accesul şi informează beneficiarul despre sistemul de protecţie socială; 8) elaborarea, în comun cu beneficiarul, a planului individual de protecţie împotriva oricărei forme de inti- midare, discriminare, abuz şi exploatare;
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9) sprijină cuplul părinte-copil/copii în vederea dezvoltării autonomiei care ar favoriza reintegrarea acestuia în familie şi/sau comunitate; 10) monitorizează situaţia postintegratoare a beneficiarilor în familie şi în comunitate. 9. Aflarea beneficiarilor în Centru nu va depăşi 3 luni, perioadă în care autorităţile şi personalul Centrului, în comun cu beneficiarul vor găsi o soluţie durabilă. 10. Capacitatea maximă a Centrului este de pînă la 30 de persoane. 11. Centrul este amenajat conform standardelor de calitate, în corespundere cu particularităţile individuale şi de vîrstă ale beneficiarilor. 12. Asistenţa fiecărui beneficiar se realizează în baza planului individual de intervenţie, elaborat de către asistentul social coordonator de caz din cadrul Centrului. Referirea beneficiarului către alte servicii specializate din comunitate şi reintegrarea în familie şi/sau în comunitate este coordonată cu echipa multidisciplinară. 13. Centrul: oferă, în limitele competenţei sale şi în funcţie de necesităţile beneficiarilor, asistenţă medicală. Asistenţa medicală primară şi specializată sînt asigurate de unităţile medicale teritoriale, conform legislaţiei; asigură servicii de reintegrare a victimei în familie şi/sau comunitate prin: 1) lucrul cu familia beneficiarului; 2) referirea la servicii de orientare profesională; 3) facilitarea angajării în cîmpul muncii; 4) monitorizarea şi evaluarea situaţiei pentru o perioadă de un an din momentul reintegrării în familie şi/ sau comunitate; 5) asigurarea accesului copiilor la serviciile educaţionale comunitare (şcoală, grădiniţă etc.). 14. Serviciile educaţionale sînt oferite de către instituţiile de învăţămînt din comunitate. Angajaţii Centrului asigură asistenţa educaţională copiilor la pregătirea temelor pentru acasă. 15. Nu pot beneficia de serviciile oferite de Centru persoanele violente (verbal şi/sau fizic), cele aflate sub influenţa alcoolului, drogurilor, persoanele cu afecţiuni contagioase, persoanele care la moment se află în stare de afect. 16. Calitatea serviciilor prestate de Centru urmează a fi evaluată periodic de către organul de acreditare a serviciilor sociale. 17. Pentru asigurarea securităţii beneficiarilor, Centrul beneficiază de securitatea şi paza, conform legislaţiei. 18. Autorităţile administraţiei publice locale, în caz de necesitate, pot să acorde edificii pentru activitatea centrelor.
III. PLASAMENTUL BENEFICIARILOR ÎN CENTRU
19. Grupul de beneficiari ai serviciilor oferite de Centru este reprezentat de persoane victime ale violenţei în familie, constituit din femei, bărbaţi şi cuplul mamă-copil/copii, tată-copil/copii. Copiii pot fi plasaţi în Centru numai fiind însoţiţi de către părinte sau reprezentantul lor legal. Plasarea individuală a copiilor nu este admisă. Centrele urmează a fi specializate după criteriul de sex al beneficiarilor (centre de reabilitare a femeilor victime ale violenţei în familie şi centre de reabilitare a bărbaţilor victime ale violenţei în familie, după caz). 20. Plasarea beneficiarului adult în Centru are loc în modul stabilit de prezentul Regulament, la solicitarea directă a beneficiarului sau cu prezentarea dosarului personal al beneficiarului de către organul teritorial de asistenţă socială, organul afacerilor interne, referirea acestuia de către alte autorităţi ale administraţiei publice locale, alte instituţii abilitate. 21. Plasarea beneficiarilor are loc în cazul în care se atestă un pericol iminent pentru viaţa sau sănătatea beneficiarului sau/şi al copilului/lor săi. 22. Plasarea beneficiarului în Centru este benevolă, are un caracter temporar şi include întocmirea dosaru- lui beneficiarului, evaluarea complexă şi stabilirea planului individual de intervenţie. 23. Dosarul personal al beneficiarului este completat de specialiştii Centrului. 24. Evaluarea complexă a beneficiarului se realizează de către managerul de caz, în comun cu asistentul social comunitar. Planul individual de servicii se revizuieşte lunar, sau ori de cîte ori este necesar pentru a fi readaptat la nevoile sociale nou apărute.
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25. Serviciile menţionate la pct.8 al prezentului Regulament vor fi asigurate de către personalul de speci- alitate angajat în Centru, de partenerii Centrului, voluntari din partea ONG-lor cu care colaborează Centrul. 26. Pentru fiecare beneficiar al Centrului se va întocmi un dosar individual care să cuprindă date personale, date despre familie, profesionalizare, fişă medicală, alte acte necesare şi utile pentru fiecare caz în parte, o anche- tă socială care să evidenţieze cauzele situaţiei de risc social şi planul personalizat de intervenţie. 27. Pregătirea ieşirii beneficiarului din Centru se efectuează de către managerul de caz sub supravegherea managerului Centrului şi în colaborare cu organul teritorial de asistenţă socială şi protecţie a familiei şi echipa multidisciplinară. 28. După ieşirea beneficiarului din Centru, serviciile de consiliere, acompaniere şi suport emoţional rămîn la dispoziţia beneficiarului pînă la integrarea sa deplină în familie şi/sau comunitate.
IV. MANAGEMENTUL ŞI PERSONALUL CENTRULUI
29. Centrul este condus de o persoană cu studii superioare în unul din următoarele domenii: pedagogie, psihologie, psihopedagogie, asistenţă socială, juridică, medicină. Funcţia de manager al Centrului poate fi cu- mulată cu altă funcţie. 30. Managerul este angajat şi eliberat din funcţie de către fondatorul Centrului, conform legislaţiei în vigoa- re. În cazul în care există mai mulţi fondatori, managerul este angajat şi eliberat din funcţie de către Adunarea fondatorilor. 31. În activitatea sa managerul Centrului se conduce de actele normative şi legislative relevante, dispoziţiile autorităţilor publice centrale şi locale şi de prezentul Regulament. 32. Managerul Centrului este administratorul tuturor resurselor, are dreptul de a angaja şi concedia per- sonalul în conformitate cu legislaţia, este responsabil pentru activitatea juridică şi administrativă a Centrului. 33. Managerul Centrului este responsabil de organizarea activităţii Centrului şi de calitatea serviciilor acor- date. Managerul garantează beneficiarilor accesul la serviciile de asistenţă. 34. Managerul Centrului asigură: 1) funcţionarea Centrului conform standardelor minime de calitate; 2) gestionarea resurselor financiare şi materiale ale Centrului, conform standardelor naţionale de contabi- litate; 3) organizarea şi evaluarea activităţii personalului Centrului, conform fişelor postului; 4) completarea şi prezentarea formularelor şi a rapoartelor privind activitatea Centrului către fondatori, autoritatea publică centrală şi/sau locală; 5) evidenţa cazurilor de violenţă în familie şi raportarea către organul teritorial de asistenţă socială, în baza formularelor aprobate; 6) studierea şi generalizarea cauzelor şi condiţiile comiterii actelor de violenţă în familie; 7) confidenţialitatea programului şi registrelor beneficiarilor; 8) reprezentarea Centrului în relaţiile cu alte instituţii publice sau private; 9) accesul şi supravegherea instruirii continue a personalului. 35. Managerul Centrului convoacă şedinţe de planificare a activităţii Centrului, săptămînal, sau ori de cîte ori este nevoie. 36. Managerul Centrului încheie acorduri de prestare a serviciilor specializate cu alte organizaţii/instituţii de profil, după caz. De asemenea, încheie acorduri de colaborare cu organele de drept teritoriale în scopul asi- gurării protecţiei fizice a beneficiarilor şi a securităţii instituţiei. 37. În cazul incapacităţii temporare de exercitare a atribuţiilor de manager, responsabilitatea pentru buna funcţionare a Centrului îi revine managerului adjunct. 38. Personalul Centrului este format din specialişti care vor corespunde necesităţilor de funcţionare a aces- tuia, conform legislaţiei în vigoare. 39. Personalul Centrului este angajat prin concurs, în conformitate cu legislaţia. 40. Comisia de concurs este alcătuită din manager, reprezentanţi ai fondatorului Centrului, ai organului teritorial de asistenţă socială.
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41. Angajarea personalului se efectuează în baza contractului individual de muncă, încheiat în conformitate cu legislaţia în domeniu. 42. La momentul angajării, iar ulterior la fiecare 6 luni, personalul angajat este obligat să treacă examenul medical, conform legislaţiei. 43. Personalul angajat al Centrului este obligat să păstreze confidenţialitatea informaţiilor despre viaţa inti- mă a beneficiarilor, pe care le obţin în timpul exercitării atribuţiilor de serviciu, să nu pretindă şi să nu primeas- că foloase necuvenite pentru munca prestată. 44. Cu acordul victimei informate prealabil, personalul angajat al Centrului anunţă organele de resort des- pre săvîrşirea actelor de violenţă în familie, în termenele stabilite, ţinînd cont de legislaţia în domeniu. 45. Structura şi statele de funcţii ale Centrului sînt stabilite şi aprobate de fondatori, în conformitate cu Stan- dardele minime de calitate, cu scopul şi obiectivele Centrului şi prevederile legislaţiei în vigoare în domeniul muncii. 46. Centrul activează conform unui program special (24/24 ore), pornind de la necesităţile de plasament, asistenţă, reabilitare şi reintegrare a victimelor violenţei în familie. 47. Personalul îşi desfăşoară activitatea conform fişelor postului, în localul destinat Centrului, în conformi- tate cu orarul de lucru stabilit şi programele individuale de asistenţă a victimelor violenţei în familie. 48. Structura şi pregătirea personalului trebuie să corespundă obiectivelor Centrului. 49. Salarizarea personalului Centrului se efectuează în conformitate cu legislaţia.
V. FINANŢAREA CENTRULUI
50. Cheltuielile aferente activităţii Centrului se suportă din bugetul comun al fondatorilor. 51. Centrul poate fi finanţat din bugetul de stat, bugetul unităţilor administrativ-teritoriale, donaţii, gran- turi, alte surse, conform legislaţiei. 52. Centrul are în folosinţă fonduri fixe din patrimoniul unităţii administrativ-teritoriale publice sau orica- re altele, provenite din donaţii, sponsorizări ş.a., în condiţiile legii. 53. Organizarea şi funcţionarea Centrului poate fi susţinută material şi financiar de agenţii economici şi întreprinzători în condiţiile Legii nr.1420-XV din 31 octombrie 2002 cu privire la filantropie şi sponsorizare.
VI. DISPOZIŢII FINALE
54. Activitatea Centrului încetează în baza deciziei fondatorilor, cu informarea Ministerului Muncii, Pro- tecţiei Sociale şi Familiei, în corespundere cu Codul civil al Republicii Moldova nr.1107-XV din 6 iunie 2002. 55. După încetarea activităţii Centrului, patrimoniul va fi transmis membrilor fondatori, în raport cu con- tribuţia fiecăruia.
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28. HOTĂRÎRE cu privire la instituirea Consiliului naţional de coordonare a programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei nr. 825 din 03.08.2005 Monitorul Oficial al R.Moldova nr.107-109/893 din 12.08.2005
*** Guvernul HOTĂRĂŞTE: 1. Se instituie Consiliul naţional de coordonare a programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei. 2. Se aprobă: Componenţa nominală a Consiliului naţional de coordonare a programelor naţionale de profilaxie şi con- trol al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei, conform anexei nr.1; Regulamentul cu privire la Consiliul naţional de coordonare a programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei, conform anexei nr.2. 3. Se stabileşte că, în caz de eliberare din funcţiile deţinute de membrii Consiliului, funcţiile lor le vor exer- cita persoanele nou-desemnate în posturile respective, fără emiterea unei noi hotărîri de Guvern. 4. Se abrogă unele hotărîri ale Guvernului, conform anexei nr.3.
PRIM-MINISTRU Vasile TARLEV
Contrasemnează: Ministrul sănătăţii şi protecţiei sociale Valerian Revenco Ministrul educaţiei, tineretului şi sportului Victor Ţvircun
Chişinău, 3 august 2005. Nr.825.
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Anexa nr.1 la Hotărîrea Guvernului nr.825 din 3 august 2005
COMPONENŢA NOMINALĂ a Consiliului naţional de coordonare a programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei
Vladimir HOTINEANU ministru al sănătăţii, preşedinte al Consiliului Iurii BUCINSCHI şef al Direcţiei dezvoltare socială, Cancelaria de Stat, vicepreşedinte al Consiliului Tatiana POTÎNG viceministru al educaţiei, vicepreşedinte al Consiliului Igor CHILCEVSCHI preşedinte al Ligii persoanelor care trăiesc cu HIV/SIDA, vicepreşedinte al Consiliului Raisa FLOCEA consultant principal, Cancelaria de Stat, secretar al Consiliului Victor BARBĂNEAGRĂ viceministru al finanţelor Sergiu SAINCIUC viceministru al muncii, protecţiei sociale şi familiei Oleg EFRIM viceministru al justiţiei Mihai MAGDEI viceministru al sănătăţii Dumitru URSACHI viceministru al afacerilor interne Oleg TULEA viceministru al tineretului şi sportului Victor VOLOVEI director executiv, UCIMP Ştefan GHEORGHIŢA vicedirector al Centrului Naţional Ştiinţifico-Practic de Medicină Preventivă Leonid CERESCU preşedinte al Confederaţiei Naţionale a Patronatelor Gabriela IONAŞCU coordonator, UNAIDS Pavel URSU director al Oficiului OMS în Moldova Boris GÎLCĂ coordonator, UNFPA Melanie MARLETT director al Oficiului Băncii Mondiale în Republica Moldova Alexandra YUSTER coordonator, UNICEF Kaarina IMMONEN coordonator rezident, PNUD Diana CAZACU coordonator de program, USAID Viorel SOLTAN director executiv al Centrului PAS Antoniţa FONARI preşedinte, Reţeaua SIDA Victor URSU director executiv al Fundaţiei “Soros-Moldova” Ala IAŢCO director al Uniunii organizaţiilor nonguvernamentale active în reducerea noxelor Lilia BULAT director executiv, ONG “Ajutorul Creştin din Moldova” Petru DERMENJÎ coordonator TB, Bender Alexandru GONCEAR coordonator HIV, Tiraspol Alexandru CURAŞOV reprezentant al Ligii persoanelor care trăiesc cu HIV/SIDA Boris BALANEŢCHI director executiv, AO “Gender-DocM” Larisa BÎRCĂ preşedinte al Societăţii Crucea Roşie din Moldova Ion VIERU şef al Direcţiei generale sănătate şi protecţie socială din unitatea teritorial autonomă Găgăuzia
[Anexa nr.1 în redacţia Hot.Guv. nr.375 din 06.05.2010, în vigoare 11.05.2010] [Anexa nr.1 modificată prin Hot.Guv. nr.462 din 24.03.2008, în vigoare 01.04.2008]
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Anexa nr.2 la Hotărîrea Guvernului nr.825 din 3 august 2005
REGULAMENT cu privire la Consiliul naţional de coordonare a programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei
I. Dispoziţii generale 1. Consiliul naţional de coordonare a programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei (în continuare - Consiliul naţional de coordona- re) este o structură intersectorială de nivel naţional, ce reflectă priorităţile şi angajamentul Republicii Moldova în combaterea tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală. Scopul Consiliului naţional de coordonare este de a contribui la implementarea eficientă a activităţilor din cadrul programelor naţionale de profilaxie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei, prin atragerea, coordonarea, monitorizarea şi disbursarea finanţelor, oferite de or- ganizaţiile internaţionale, ca răspuns la necesităţile ţării în atingerea Obiectivelor de Dezvoltare ale Mileniului. 2. Activitatea Consiliului naţional de coordonare se bazează pe principiile democratice europene şi legislaţia Republicii Moldova. La elaborarea prezentului Regulament au fost luate în considerare şi recomandările Fon- dului Global de combatere a SIDA, Tuberculozei şi Malariei. 3. Consiliul naţional de coordonare îşi desfăşoară activitatea în baza unui parteneriat, creat între instituţiile de stat, internaţionale şi neguvernamentale, pe principiul transparenţei şi colaborării reciproce. 4. Activitatea Consiliului naţional de coordonare este intersectorială şi interministerială, pentru a asigura o participare mai largă a părţilor interesate în procesul de monitorizare a activităţilor de prevenire şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei, precum şi pentru a stabili o legătură durabilă între toţi factorii-cheie de decizie, implicaţi în elaborarea, promovarea şi implementarea poli- ticilor naţionale în domeniul tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală. 5. Consiliul naţional de coordonare este condus de preşedinte şi asistat de vicepreşedinte.
II. Obiectivele Consiliului naţional de coordonare
6. Obiectivele Consiliului naţional de coordonare decurg din obiectivele generale ale programelor naţionale de profilaxie şi control al tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală şi prevăd ame- liorarea situaţiei epidemice şi sănătăţii populaţiei prin: eficientizarea politicii Guvernului în domeniul controlului tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală; fortificarea parteneriatului intersectorial între instituţiile de stat, internaţionale şi neguvernamentale pentru un mai bun control al tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală; asigurarea unui dialog reciproc eficient între organizaţiile guvernamentale şi neguvernamentale din Mol- dova şi de peste hotare. 7. Pentru atingerea obiectivelor sale Consiliul naţional de coordonare: analizează cauzele şi condiţiile ce favorizează răspîndirea tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală; contribuie la definitivarea strategiilor naţionale pentru supravegherea, controlul şi prevenirea tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală, monitorizînd punerea în aplicare ale acestora; determină şi propune Guvernului să prevadă în bugetul de stat fonduri necesare pentru aplicarea strategii- lor naţionale în domeniul de rigoare; informează, periodic, Guvernul şi autorităţile competente despre activităţile efectuate, precum şi despre rezultatele obţinute;
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propune măsuri pentru supravegherea, controlul, prevenirea şi reducerea impactului social al cazurilor de tuberculoză, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală; formulează propuneri privind modificarea şi completarea actelor legislative, precum şi elaborarea de noi acte normative pentru supravegherea, controlul, prevenirea şi reducerea impactului social al cazurilor de infec- ţie HIV/SIDA. Propunerile sînt înaintate instituţiilor competente, conform prevederilor legislaţiei în vigoare; monitorizează respectarea convenţiilor, tratatelor şi altor acte internaţionale, la care Republica Moldova este parte, în ceea ce priveşte respectarea drepturilor persoanelor infectate cu tuberculoză, cu HIV/SIDA şi infecţii cu transmitere sexuală; promovează parteneriatul intersectorial în vederea dezvoltării şi implementării programelor naţionale şi asigură transparenţa în procesul luării deciziilor; aprobă componenţa nominală a grupurilor tehnice de lucru şi şefii responsabili pentru domeniile specifice; aprobă planul anual de lucru al Secretariatului Consiliului naţional de coordonare, precum şi planurile de executare a programelor naţionale de profilaxie şi control al tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală, elaborate de grupurile tehnice de lucru; îndeplineşte orice alte atribuţii în vederea realizării scopului şi sarcinilor pentru care a fost constituit, în conformitate cu legislaţia în vigoare.
III. Structura Consiliului naţional de coordonare
8. Consiliul naţional de coordonare include trei niveluri: nivelul decizional - membrii Consiliului naţional de coordonare; nivelul coordonator - Secretariatul Consiliului naţional de coordonare; nivelul operaţional - grupurile tehnice de lucru. 9. Nivelul decizional al Consiliului naţional de coordonare este organul suprem de conducere al Consiliului şi întruneşte reprezentanţi ai ministerelor, agenţiilor şi organizaţiilor internaţionale, organizaţiilor neguverna- mentale, persoane infectate/afectate de infecţia HIV/SIDA, care, prin activitatea lor, contribuie la dezvoltarea şi promovarea politicilor de sănătate în domeniul tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală. 10. Membru al Consiliului naţional de coordonare poate deveni orice persoană, care recunoaşte şi acceptă principiul de constituire a Consiliului naţional de coordonare, îşi aduce aportul la consolidarea capacităţii Con- siliului şi, implicit, la realizarea programelor naţionale de profilaxie şi control a tuberculozei, infecţiei HIV/ SIDA şi infecţiilor cu transmitere sexuală. Organizaţiile guvernamentale şi agenţiile internaţionale sînt reprezentate în Consiliu de către persoanele delegate, iar organizaţiile neguvernamentale, de caritate, private, beneficiarii de servicii, persoanele infectate sau afectate de infecţia HIV/SIDA îşi desemnează candidaturile lor printr-un proces transparent de alegeri. Cererea, scrisoarea de motivare şi procesul-verbal privind procedura de alegere se prezintă Secretariatului Con- siliului naţional de coordonare. Retragerea din componenţa Consiliului naţional de coordonare se face în baza unei cereri oficiale pe nume- le preşedintelui Consiliului. Excluderea membrilor din componenţa Consiliului naţional de coordonare are loc cu cel puţin 2/3 din voturi. 11. Consiliul naţional de coordonare funcţionează ca un grup naţional bazat pe consens. Membrii Con- siliului sînt parteneri egali, cu drepturi depline de participare şi implicare în procesul de luare a deciziilor, la aprobarea rezoluţiilor fiind necesare 2/3 din voturile membrilor prezenţi. Membrii Consiliului au dreptul de a delega votul său reprezentanţilor autorizaţi de ei. 12. Membrii Consiliului naţional de coordonare se întrunesc în şedinţe nu mai rar de 4 ori pe an. Şedinţele sînt organizate la iniţiativa preşedintelui Consiliului, sau la iniţiativa Secretariatului Consiliului, sau la solicita- rea a 1/3 din membrii acestuia, cu informarea Secretariatului cu o lună înainte despre această intenţie. Şedinţele sînt prezidate de preşedintele Consiliului, în cazul absenţei acestuia - de vicepreşedinte. La şedinţele Consiliului naţional de coordonare pot participa persoane invitate, în calitate de raportori sau observatori, fără drept de vot. 13. Nivelul coordonator al Consiliului este asigurat de Secretariatul acestuia, care: elaborează planul anual de activitate a Secretariatului, stabilind datele aproximative ale şedinţelor Consiliului, precum şi activităţile dintre şedinţe. Secretariatul oferă suport logistic în organizarea şedinţelor;
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cu două săptămîni înainte de şedinţă, Secretariatul întocmeşte agenda preliminară, pe care o propune mem- brilor Consiliului pentru completări şi modificări. După şedinţe, membrilor Consiliului li se expediază proce- sele-verbale şi alte materiale solicitate, prin intermediul poştei electronice; formulează rezoluţiile şi le propune spre aprobare în cadrul şedinţelor Consiliului; facilitează schimbul de informaţie ce vizează implementarea programelor naţionale sus-menţionate între dife- riţi parteneri, prin intermediul buletinului electronic şi buletinului informativ (tipărit); monitorizează şi asigură activitatea grupurilor tehnice de lucru, păstrînd procesele-verbale ale şedinţelor acestora; raportează anual membrilor Consiliului despre activităţile efectuate şi informează în permanenţă preşedintele despre noutăţile din cadrul Consiliului. 14. Nivelul operaţional al Consiliului naţional de coordonare este reprezentat de grupurile tehnice de lucru, care întrunesc specialişti în domeniul tuberculozei (5 persoane) şi infecţiei HIV/SIDA (7 persoane) din secto- rul de stat, neguvernamental şi internaţional. În controlul tuberculozei activează următoarele grupuri: a) grupul tehnic de lucru în diagnosticul tuberculozei; b) grupul tehnic de lucru în managementul tuberculozei clasice, tuberculozei multirezistente şi a coinfecţiei TB/SIDA; c) grupul tehnic de lucru în controlul infecţiei tuberculoase; d) grupul tehnic de lucru în comunicare şi prevenire. În controlul infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală activează următoarele grupuri: a) grupul tehnic de lucru în supravegherea epidemiologică şi de santinelă în infecţia HIV/SIDA şi infecţiile cu transmitere sexuală; b) grupul tehnic de lucru în servicii sociale: educaţie şi asistenţă socială; c) grupul tehnic de lucru în reducerea noxelor; d) grupul tehnic de lucru în tratamentul şi îngrijirea persoanelor care trăiesc cu infecţia HIV/SIDA şi infecţiile cu transmitere sexuală; e) grupul tehnic de lucru în comunicare şi prevenire; f) consiliere şi testare voluntară în HIV/SIDA/hepatite; g) asistenţă şi protecţie socială pentru persoanele afectate de TB/HIV. În cadrul grupurilor tehnice de lucru există şi un grup mixt: monitorizarea şi evaluarea tuberculozei, infec- ţiei HIV/SIDA şi infecţiilor cu transmitere sexuală. [Pct.14 completat prin Hot.Guv. nr.375 din 06.05.2010, în vigoare 11.05.2010] 15. Membrii grupurilor tehnice de lucru se întrunesc în şedinţe ordinare şi, în caz de necesitate, dar nu mai rar de patru ori pe an. În activitatea lor se conduc de un plan de lucru, pe care îl elaborează de sine stătător, în cadrul fiecărui grup. Planul întrunirilor ordinare este prezentat Secretariatului Consiliului naţional de coor- donare pentru a-i familiariza şi pe membrii Consiliului cu tematica activităţilor desfăşurate. Şeful şi secretarul grupului tehnic de lucru sînt responsabili de întocmirea proceselor-verbale ale şedinţelor, pe care ulterior le prezintă Secretariatului Consiliului. Sarcinile grupurilor tehnice de lucru constau în: oferirea suportului tehnic la elaborarea proiectelor şi strategiilor programelor naţionale de profilaxie şi con- trol a tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală; oferirea suportului tehnic în elaborarea propunerilor de finanţare faţă de donatorii externi sau agenţiile donatoare; monitorizarea şi evaluarea situaţiei din domeniul tuberculozei, infecţiei HIV/SIDA şi infecţiilor cu trans- mitere sexuală, identificarea problemelor de sănătate din domeniu şi participarea la elaborarea politicilor na- ţionale.
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Anexa nr.3 la Hotărîrea Guvernului nr.825 din 3 august 2005
LISTA hotărîrilor Guvernului ce se abrogă
1. Hotărîrea Guvernului nr.346 din 19 martie 2002 "Cu privire la constituirea Consiliului naţional de coor- donare a realizării Proiectului "Suportul Programului naţional de profilaxie a infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală şi al Programului naţional de control al tuberculozei", susţinut de Fondul global de combatere a SIDA, tuberculozei şi malariei" (Monitorul Oficial al Republicii Moldova, 2002 nr.43-45, art.418). 2. Hotărîrea Guvernului nr.140 din 17 februarie 2004 "Cu privire la modificarea şi completarea Hotărîrii Guvernului nr.346 din 19 martie 2002.
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29. HOTĂRÎRE privind aprobarea Programului naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015 nr. 1143 din 16.12.2010 Monitorul Oficial nr.254-256/1286 din 24.12.2010
*** În temeiul prevederilor art.6, 7, 9 şi 72 din Legea nr.10-XVI din 3 februarie 2009 privind supravegherea de stat a sănătăţii publice (Monitorul Oficial al Republicii Moldova, 2009, nr.67, art.183), art.4 din Legea nr.23-XVI din 16 februarie 2007 cu privire la profilaxia infecţiei HIV/SIDA (Monitorul Oficial al Republicii Moldova, 2007, nr.54-56, art.250), Guvernul
HOTĂRĂŞTE:
1. Se aprobă Programul naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015 (se anexează). 2. Se recomandă consiliilor municipale Chişinău şi Bălţi, administraţiei unităţii teritoriale autonome Găgă- uzia (Gagauz-Yeri) şi consiliilor raionale: să elaboreze, să aprobe şi să asigure realizarea programelor teritoriale de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015; să creeze comisii teritoriale pentru prevenirea şi controlul infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală, abilitate cu funcţii de organizare şi control asupra realizării programelor teritoriale de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală. 3. Autorităţile administraţiei publice centrale: vor elabora şi vor aproba planuri operaţionale pentru implementarea prevederilor Programului naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015; vor informa Ministerul Sănătăţii anual, pînă la 5 martie, despre realizarea Programului naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală. 4. Se stabileşte că finanţarea Programului naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015 se va efectua din contul şi în limitele mijloacelor bugetului public naţional, precum şi din contribuţiile organizaţiilor internaţionale, din donaţii şi granturi. 5. Controlul asupra executării prezentei hotărîri se pune în sarcina Ministerului Sănătăţii.
PRIM-MINISTRU Vladimir FILAT
Contrasemnează: Ministrul sănătăţii Vladimir Hotineanu Ministrul finanţelor Veaceslav Negruţa Ministrul muncii, protecţiei sociale şi familiei Valentina Buliga Ministrul justiţiei Alexandru Tănase Ministrul educaţiei Leonid Bujor Ministrul tineretului şi sportului Ion Cebanu
Chişinău, 16 decembrie 2010. Nr.1143.
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Aprobat prin Hotărîrea Guvernului nr.1143 din 16 decembrie 2010
PROGRAMUL NAŢIONAL de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015
Capitolul I INTRODUCERE
1. În conformitate cu clasificarea Organizaţiei Mondiale a Sănătăţii (în continuare – OMS), infecţia HIV/ SIDA în Republica Moldova se află în stadiul de epidemie concentrată, cu transmiterea preponderentă a infecţi- ei pe cale heterosexuală şi micşorarea cazurilor noi în rîndul utilizatorilor de droguri injectabile (în continuare – UDI). 2. În situaţia epidemică actuală se impune elaborarea strategiilor şi activităţilor de promovare a modului sănătos de viaţă, de modificare a comportamentelor riscante de infectare cu HIV prin elaborarea şi implemen- tarea măsurilor de prevenire şi asigurare a tratamentului, îngrijirilor şi suportului persoanelor care trăiesc cu HIV/SIDA (în continuare – PTH). 3. Guvernul, prin intermediul Programului naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţii- lor cu transmitere sexuală (în continuare – Programul) va asigura coordonarea măsurilor de răspuns la infecţia HIV şi infecţiile cu transmitere sexuală (în continuare – ITS) pentru perioada 2011-2015. 4. Activităţile prioritare din cadrul Programului vor fi transpuse în planurile operaţionale care vor ghida procesul de implementare. 5. Republica Moldova este parte a Angajamentelor Globale la Obiectivele de Dezvoltare a Mileniului, Obiec- tivul 6 “Stoparea răspîndirii HIV/SIDA şi TB pînă în 2015 şi redresarea tendinţei actuale”, la Declaraţia de An- gajament a Sesiunii Speciale a Asambleei Generale a Organizaţiei Naţiunilor Unite (în continuare – ONU) în HIV/SIDA din 2001, iniţiativei de acces universal şi cadrului strategic de rezultate. În acelaşi timp, Programul este elaborat pentru susţinerea obiectivelor Strategiei naţionale de dezvoltare şi Strategiei de dezvoltare a siste- mului de sănătate 2008-2017 şi Politicii Naţionale de Sănătate.
Capitolul II ANALIZA SITUAŢIEI ACTUALE 6. Infecţia HIV prezintă o prioritate majoră de sănătate publică. La 1 iunie 2010 au fost înregistrate cumu- lativ 5999 de persoane infectate cu virusul HIV, inclusiv 1891 – în teritoriile de est. În anul 2009 se atestă o scădere neesenţială a numărului de cazuri noi înregistrate – 704 (17,12 la 100000 populaţie) în comparaţie cu 795 în anul 2008 (19,27 respectiv). Răspîndirea infecţiei HIV are loc în toate unităţile administrative, cu o rată diferită a prevalenţei. Cea mai înaltă prevalenţă cumulativă la 100000 populaţie se înregistrează în municipiile: Bălţi – 804,86, Chişinău – 135,86; raioanele: Glodeni – 141,49, Basarabeasca – 122,03, Sîngerei – 109,69. În teri- toriile de est prevalenţa infecţiei HIV este de 2,73 ori mai înaltă comparativ cu teritoriile din dreapta Nistrului, constituind 453,59 în or.Tiraspol, 531,49 – în raionul Rîbniţa. 7. Infecţia HIV se înregistrează în rîndul persoanelor tinere, apte de muncă, sexual active, astfel 86,02% din numărul total de persoane depistate sînt cuprinse în grupul de vîrstă 15-39 ani, 23,77% – în rîndul segmentului de vîrstă 20-24 ani şi 24,99% – 25-29 de ani. 8. Se menţine la un nivel înalt transmiterea heterosexuală a infecţiei HIV (81,25%), creşterea ponderii cazu- rilor noi în populaţia rurală (34,9%), migranţilor (34%) şi reducerea ponderii cazurilor noi în rîndul UDI. Anual se înregistrează circa 80 de cazuri noi de infecţie HIV în rîndurile femeilor gravide. În perioada anilor 1989-2009 maladia SIDA a fost diagnosticată la 887 de persoane. În perioada 1987-2009, pe malul drept au decedat circa 500 de persoane cu HIV/SIDA. Pe malul stîng, în perioada 1989-2009, au decedat 490 de persoane cu HIV. Din mala- diile SIDA indicatoare se înregistrează mai frecvent infecţia tuberculoza – 482 de persoane (54,34% din numărul total de bolnavi de SIDA).
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9. Actualmente, povara infecţiei HIV se resfrînge atît asupra bărbaţilor, cît şi a femeilor. Situaţia s-a schimbat într-o anumită măsură după trecerea de la o epidemie transmisă pe calea injectării drogurilor în anii 1990-2001 (în majoritatea cazurilor referindu-se la bărbaţi) la o epidemie cu transmitere preponderentă pe cale sexuală. Din toate domeniile majore de intervenţie propuse, problemele de gender au fost considerate drept prioritare, incluse în toate activităţile şi, la fel, sînt determinate intervenţii adecvate rolurilor femeilor şi bărbaţilor. De asemenea, se iau în calcul responsabilităţile şi oportunităţile femeilor şi bărbaţilor din perspectivă socială, cul- turală şi politică. Sînt elaborate diverse instrumente de monitorizare, evaluare şi supraveghere pentru a furniza date dezagregate după criteriul de gender şi pentru a determina intervenţiile axate pe aspectul de gender, ad- miţîndu-se caracteristicile de gender. Este de menţionat faptul că în cadrul acţiunilor întreprinse anterior, pen- tru combaterea epidemiei nu s-a ţinut cont de aspectul de gender, activităţile au fost axate pe populaţia generală şi grupurile vulnerabile cu risc sporit de infectare. Avînd în vedere că, la începutul epidemiei, patru cincimi din toate cazurile noi de HIV se datorau UDI, care mai tîrziu s-au extins în populaţia generală cu transmitere sexu- ală, şi luînd în considerare rolul major pe care îl au femeile în sănătatea reproductivă şi de creştere a copiilor în cadrul familiei şi al societăţii, se pune accent pe asigurarea suportului psihologic, prevenirea sarcinilor nedorite a femeilor HIV pozitive, consiliere şi testare, planificarea familiei, îngrijire şi suport social după naştere (pache- te alimentare, haine, tabere de vară pentru mame şi copii). 10. Situaţia epidemică prin sifilis şi gonoree s-a stabilit la nivel constant, incidenţa la 100000 populaţie pen- tru sifilis este de 68,26 în 2006 şi 69,5 în 2009, iar pentru gonoree – 50,7 şi 42,7 respectiv. 11. Evaluarea rezultatelor Programului naţional de profilaxie şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pe anii 2006-2010, aprobat prin Hotărîrea Guvernului nr.948 din 5 septembrie 2005, a de- monstrat actualitatea acestei probleme, contribuind la fortificarea şi mobilizarea resurselor naţionale şi externe pentru realizarea şi extinderea strategiilor şi activităţilor de prevenire, supraveghere şi control, tratament, îngrijiri şi suport pentru persoanele cu HIV şi membrii familiilor lor. Activităţile şi prevederile Programului sînt susţi- nute tehnic şi financiar de organizaţii internaţionale, Fondul Global SIDA/Tuberculoza/Malaria şi alţi donatori. 12. Cadrul normativ privind interzicerea discriminării persoanelor infectate/afectate cu HIV sau vulnerabi- le la infecţie, elaborat şi ajustat în conformitate cu standardele internaţionale, se bazează pe principiul respectă- rii drepturilor omului şi demnităţii umane şi constituie baza pentru implementarea intervenţiilor comprehen- sive, multidisciplinare şi intersectoriale. 13. Monitorizarea şi supravegherea epidemiologică a infecţiei HIV se află permanent în atenţie a organelor de resort. Pentru sporirea accesului populaţiei la servicii de consiliere şi testare voluntară şi confidenţială, în cadrul sistemului de sănătate a fost creat serviciul de consiliere şi testare voluntară. Pe parcursul anului 2006 au fost testa- te la HIV 288783 persoane, în 2009 – respectiv 298314 persoane. Supravegherea epidemiologică, tratamentul an- tiretroviral (în continuare – ARV) şi a infecţiilor oportuniste, îngrijirile paliative, prevenirea transmiterii infecţiei materno-fetale se efectuează conform protocoalelor naţionale, elaborate în conformitate cu recomandările OMS. Este asigurat accesul universal al persoanelor cu HIV şi al bolnavilor cu SIDA la tratament ARV. 14. În colaborare cu societatea civilă se realizează 49 de programe şi proiecte bazate pe strategia de reducere a riscurilor, de prevenire, reabilitare şi asistenţă psihosocială, de terapie de substituţie cu metadonă, în rîndurile UDI, deţinuţilor, migranţilor şi altor grupuri cu risc sporit de infectare, conform standardelor OMS, UNAIDS, Oficiului Naţiunilor Unite pentru Droguri şi Criminalitate (în continuare – UNODC).
Capitolul III SCOPUL ŞI OBIECTIVELE PROGRAMULUI
15. Scopul Programului constă în promovarea modului sănătos de viaţă, formarea comportamentului sigur şi inofensiv, extinderea activităţilor de prevenire în rîndul populaţiei, inclusiv al populaţiei rurale, populaţiei mobile, extinderea accesului la servicii de sănătate (consiliere şi testare voluntară, depistare precoce, tratament, îngrijiri şi suport), precum şi menţinerea situaţiei epidemice a infecţiei HIV în stadiul epidemiei concentrate. 16. Obiectivele Programului: a) incidenţa infecţiei HIV către anul 2015 nu va depăşi 20,0 cazuri la 100000 populaţie în grupul de vîrstă 0-39 ani. Intenţia majoră a acestui obiectiv este reducerea incidenţei infecţiei HIV în rîndurile tinerilor de vîrstă reproductivă şi grupurilor vulnerabile. Sporirea accesului populaţiei la serviciile de prevenire va asigura reali- zarea acestui obiectiv. Principiul de bază, care va sta la baza realizării măsurilor de prevenire, este schimbarea
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comportamentală, mobilizarea comunitară, activităţi de la egal la egal în rîndul tinerilor şi activităţi de lucru în teren cu UDI, bărbaţii care întreţin relaţii sexuale cu alţi bărbaţi (în continuare – BSB), lucrătorii care practică sex comercial (în continuare – LSC), migranţii, şoferii de curse lungi etc. şi asigurarea consilierii şi testării vo- luntare a populaţiei; b) mortalitatea persoanelor cu HIV/SIDA din numărul total al persoanelor estimate către anul 2015 se va reduce cu 10%. Intenţia majoră a acestui obiectiv este îmbunătăţirea calităţii vieţii persoanelor cu HIV/SIDA prin asigura- rea: tratamentului ARV necesar, tratamentului infecţiilor oportuniste şi maladiilor SIDA asociate, îngrijirilor la domiciliu, protecţiei sociale, inclusiv a copiilor orfani. Crearea unui mediu abilitant ar permite o aderenţă mai sporită la tratamentul ARV şi asigurarea unui management de caz mai eficient
Capitolul IV PRINCIPIILE CARE GHIDEAZĂ RĂSPUNSUL NAŢIONAL ÎN INFECŢIA HIV/SIDA
17. La baza elaborării Programului au stat principiile aplicate la nivel internaţional şi naţional pentru pro- gramele de sănătate publică: a) principiul 1: elaborarea răspunsului naţional în cazul infecţiei HIV/SIDA în baza dovezilor; b) principiul 2: abordarea bazată pe drepturile omului; c) principiul 3: asigurarea respectării principiului de gender; d) principiul 4: asigurarea accesului universal la profilaxie, tratament şi îngrijiri; e) principiul 5: implicarea comunităţilor şi persoanelor care trăiesc cu HIV/SIDA în procesul de elaborare, implementare şi evaluare a Programului; f) principiul 6: monitorizare şi evaluare.
Capitolul V DOMENIILE PRIORITARE DE ACŢIUNE
18. Programul este conceput ca un cadru complex, intersectorial, care va ghida activităţile răspunsului na- ţional şi participanţilor acestuia. 19. Implementarea Programului se va axa pe următoarele domenii prioritare: a) fortificarea şi extinderea activităţilor de prevenire în rîndul populaţiei generale, inclusiv al populaţiei rurale, migranţilor şi altor grupuri cu risc sporit de infectare (UDI, BSB, LSC etc.); stabilirea şi asigurarea func- ţionării sistemului unic de comunicare pentru schimbarea comportamentală şi promovarea modului sănătos de viaţă, formarea comportamentului inofensiv la copiii şi tineretul din instituţiile de învăţămînt preuniversitar, mediu de specialitate şi universitar; dezvoltarea continuă a serviciilor de consiliere şi testare voluntară; b) dezvoltarea infrastructurii şi a capacităţilor pentru sporirea accesului universal la asistenţă medicală şi la îngrijiri paliative prin descentralizarea tratamentului ARV, consolidarea serviciilor medicale, sociale şi paliative; c) consolidarea şi extinderea capacităţilor instituţiilor guvernamentale şi ale societăţii civile de educaţie şi suport al copiilor rămaşi fără ocrotire părintească şi al copiilor din familii în situaţii de dificultate; d) dezvoltarea şi asigurarea funcţionalităţii unui sistem naţional interdepartamental, multisectorial de coor- donare, management şi monitoring al activităţilor ce ţin de controlul, prevenirea şi tratamentul infecţiei HIV/ SIDA şi ITS. Dezvoltarea capacităţilor Consiliului Naţional de Coordonare a Programelor Naţionale de profila- xie şi control al infecţiei HIV/SIDA, infecţiilor cu transmitere sexuală şi de control al tuberculozei (în continu- are – CNC) şi grupurilor tehnice de lucru a CNC; e) managementul Programului va fi efectuat prin cercetări operaţionale, implementarea sistemelor de su- praveghere epidemiologică, supravegherea circulaţiei şi rezistenţei virusului, implementarea tehnologiilor in- formaţionale, introducerea managementului de caz şi consolidarea capacităţilor diagnosticului de laborator; f) fortificarea capacităţilor resurselor umane prin educaţie formativă, traininguri în domeniul HIV/SIDA;
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g) crearea unui mediu de suport şi dezvoltare comunitară (pledorie şi comunicare; dezvoltare instituţională; drepturile omului; programe de gender); h) studii şi cercetări epidemiologice, clinice, sociale, comportamentale şi economice în infecţia HIV/SIDA.
Capitolul VI DEŢINĂTORII DE DREPTURI ŞI BENEFICIARII PROGRAMULUI
20. Deţinătorii de drepturi şi beneficiarii Programului au fost identificaţi în funcţie de riscul de infectare cu HIV şi în funcţie de vulnerabilitatea socială şi comportamentală şi au fost clasificaţi conform anexei nr.1 la prezentul Program. Pentru estimarea populaţiei beneficiare ale Programului s-a aplicat metodologia UNAIDS/ OMS care, în parteneriat cu autorităţile naţionale, utilizează o metodă ce implică şase paşi pentru a obţine esti- mări ale prevalenţei HIV pe perioada implementării programelor naţionale (5-10 ani). 21. În cazul Republicii Moldova, ţară cu epidemie concentrată, conform recomandărilor UNAIDS, estimă- rile derivă din următorul proces: a) pasul unu – datele de supraveghere epidemiologică se colectează pentru grupurile cu risc sporit: LSC, BSB şi UDI. Se fac estimări ale mărimii grupurilor respective, precum şi a grupurilor expuse unui risc considerabil (spre exemplu: partenerii LSC sau ai UDI etc.); b) pasul doi – datele colectate sînt introduse într-un soft specializat (intitulat Pachet de Estimări şi Progno- ze/ “Estimation and Projection Package”); c) pasul trei – se generează curba de evoluţie a ratelor de incidenţă HIV printre adulţi (grupa de vîrstă 15- 49) pe parcursul unei perioade de timp; d) pasul patru – curba incidenţei printre adulţi, împreună cu estimările demografice naţionale, obţinute de la UNFPA, şi datele privind acoperirea cu tratament ARV pentru adulţi şi copii sînt introduse în programul Spectrum; e) pasul cinci – aceste date sînt completate cu diferite estimări epidemiologice (ratele fertilităţii, proporţia femei/bărbaţi, supravieţuirea după infectarea cu HIV etc.); f) pasul şase – programul Spectrum oferă o prognoză a numărului de adulţi infectaţi, de cazuri noi de infec- ţie cu HIV şi decese cauzate de SIDA, de orfani şi a necesităţilor de tratament ARV.
Capitolul VII ACTIVITĂŢI PRIORITARE
22. Obiectivul specific I. Asigurarea accesului a cel puţin 10% din populaţia generală la servicii de pre- venire a infecţiei HIV şi ITS pînă în 2015: a) elaborarea şi implementarea unui cadru strategic de comunicare pentru schimbare comportamentală în HIV/SIDA şi ITS; b) implicarea şi mobilizarea comunităţilor (autorităţile administraţiei publice locale, inclusiv serviciile de sănătate, asistenţă socială, educaţie, comunităţile religioase, comunităţile persoanelor cu HIV, ONG-urile, membrii familiilor afectate de HIV/SIDA) pentru consolidarea prevenirii infecţiei HIV şi ITS; c) asigurarea populaţiei generale cu servicii de consiliere şi testare voluntară la HIV şi ITS; d) elaborarea şi implementarea programelor de prevenire HIV şi ITS pentru grupurile de populaţie expuse la risc, printre care: migranţi, populaţia mobilă, recruţi, deţinuţi, persoanele în uniformă (inclusiv în sistemul penitenciar), copii şi tineri în conflict cu legea, alte grupuri marginalizate; e) desfăşurarea activităţilor de prevenire a infecţiei HIV şi ITS în rîndurile tinerilor şi adolescenţilor în cadrul sistemului de învăţămînt; f) desfăşurarea activităţilor de prevenire a infecţiei HIV şi ITS în rîndurile tinerilor şi adolescenţilor neşco- larizaţi; g) desfăşurarea activităţilor de prevenire a infecţiei HIV şi ITS orientate spre PTH; h) prevenirea HIV în rîndul populaţiei angajate în cîmpul muncii prin intermediul programelor la locul de muncă.
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23. Obiectivul specific II. Asigurarea accesului a 60% din numărul estimat al persoanelor din grupurile de risc sporit (LSC, BSB, UDI) la servicii de prevenire pînă în 2015: a) asigurarea prevenirii răspîndirii HIV şi ITS, în funcţie de necesităţile specifice vîrstei şi de gen, în rîndul LSC şi al clienţilor lor; b) asigurarea prevenirii infecţiei HIV şi ITS, în funcţie de necesităţile specifice vîrstei şi de gen, în rîndul BSB; c) asigurarea accesului UDI, în funcţie de necesităţile specifice vîrstei şi de gen, la servicii comprehensive de prevenire HIV şi la tratament de substituţie, inclusiv în sectorul penitenciar. 24. Obiectivul specific III. Asigurarea a 10% din populaţie cu prezervative pînă în 2015: asigurarea marketingului social al prezervativelor. 25. Obiectivul specific IV. Asigurarea cu tratament ITS a 80% din pacienţii diagnosticaţi cu ITS pînă în 2015: asigurarea testării, diagnosticului şi tratamentului ITS pentru toate categoriile de populaţie, inclusiv pentru grupurile cu risc sporit de infectare. 26. Obiectivul specific V. Asigurarea accesului a cel puţin 95% din femeile cu HIV/SIDA însărcinate la servicii de profilaxie a transmiterii a infecţiei de la mamă la făt pînă în 2015: prevenirea răspîndirii HIV şi ITS prin transmitere de la mamă la făt şi asigurarea copiilor născuţi de mame seropozitive cu substituenţi nutritivi. 27. Obiectivul specific VI. Asigurarea securităţii a 100% de probe de sînge destinat transfuziei: asigurarea securităţii sîngelui donat. 28. Obiectivul specific VII. Asigurarea accesului la profilaxie postcontact al tuturor persoanelor în si- tuaţii de risc de infectare cu HIV în 100% din necesitate: asigurarea profilaxiei postcontact în cazuri de expunere profesională şi în cazuri de abuz sexual sau viol; asigurarea accesului la informaţii despre profilaxia postcontact. 29. Obiectivul specific VIII. Asigurarea cu tratament ARV a 80% din numărul estimat al persoanelor cu HIV şi al bolnavilor de SIDA care necesită tratament pînă în 2015: a) asigurarea accesului persoanelor cu HIV şi al bolnavilor de SIDA la tratament de ambulator; b) asigurarea populaţiei generale cu testare la HIV la iniţiativa lucrătorului medical şi diagnosticul de labo- rator; c) asigurarea profilaxiei, diagnosticului şi tratamentului infecţiilor oportuniste şi maladiilor asociate la pa- cienţii cu HIV în condiţii de ambulator; d) asigurarea accesului persoanelor cu HIV şi al bolnavilor de SIDA la tratament ARV; e) asigurarea accesului adulţilor cu HIV şi al bolnavilor de SIDA la tratament ARV; f) asigurarea accesului copiilor cu HIV şi al bolnavilor de SIDA la tratament ARV; g) asigurarea aderenţei la tratament ARV (inclusiv prin implementarea programelor nutriţionale); h) asigurarea monitorizării de laborator pentru ajustarea şi asigurarea eficienţei tratamentului; i) supravegherea rezistenţei virusului HIV la tratament la pacienţii cu HIV. 30. Obiectivul specific IX. Asigurarea cu îngrijiri şi suport a 10% din numărul estimat al persoanelor cu HIV şi bolnavilor de SIDA pînă în 2015: a) asigurarea managementului de caz al pacienţilor cu HIV de echipă multidisciplinară; b) asigurarea suportului psihosocial al persoanelor cu HIV şi al bolnavilor de SIDA; c) asigurarea pacienţilor în faza terminală cu îngrijiri paliative în condiţii de ambulator; d) asigurarea diagnosticului şi a tratamentului infecţiilor oportuniste şi maladiilor asociate la pacienţii cu HIV în condiţii de staţionar; e) asigurarea pacienţilor în faza terminală cu îngrijiri paliative medicale în staţionar; f) asigurarea accesului copiilor afectaţi şi infectaţi la servicii sociale. 31. Obiectivul specific X. Crearea unui sistem eficient de management al programului pînă în 2015: a) asigurarea procesului de planificare şi management prin intermediul grupurilor tehnice de lucru ale CNC;
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b) asigurarea managementului financiar al Programului şi proiectelor; c) asigurarea monitorizării şi evaluării Programului; d) asigurarea implementării, renovării şi deservirii sistemelor informaţionale din domeniul HIV/SIDA; e) asigurarea supravegherii medicale a pacienţilor prin operaţionalizarea SIME-HIV; f) asigurarea supravegherii prestării serviciilor sociale şi de prevenire în rîndul grupurilor vulnerabile prin operaţionalizarea sistemului de identificare unică; g) operaţionalizarea sistemelor de coordonare în cadrul sectorului nonguvernamental; h) consolidarea capacităţii personalului implicat în programe; i) asigurarea creşterii capacităţilor profesionale ale lucrătorilor implicaţi în prestarea serviciilor pentru pa- cienţii cu HIV/SIDA şi ITS, inclusiv pediatrice; j) asigurarea protecţiei sociale a persoanelor cu HIV şi a bolnavilor de SIDA; k) asigurarea activităţilor de pledoarie si apărare a intereselor PTH; l) asigurarea protecţiei drepturilor PTH; m) consolidarea capacităţii ONG-urilor ale PTH; n) efectuarea studiilor epidemiologice şi sociologice; o) realizarea cercetărilor operaţionale.
Capitolul VIII IMPLEMENTAREA PROGRAMULUI
32. Mecanismul de implementare a Programului se bazează pe activitatea CNC. 33. Responsabilitatea pentru participarea în cadrul CNC şi pentru implementarea activităţilor cu caracter sectorial revine ministerelor de resort. 34. CNC îşi desfăşoară activitatea pe baza unui parteneriat între instituţiile de stat, patronate, organizaţiile inter- naţionale şi neguvernamentale, respectînd principiile transparenţei şi colaborării reciproce.
Capitolul IX PRESTAREA ŞI IMPLEMENTAREA SERVICIILOR, PARTENERI ÎN IMPLEMENTARE
35. Prestatorii de servicii şi implementatorii vor coordona activitatea în probleme de implementare cu CNC. Transparenţa implementării activităţilor se va asigura prin funcţionalitatea site-ului web www.aids.md. 36. Partenerii în implementare sînt organizaţiile guvernamentale şi cele ale societăţii civile: a) servicii de sănătate publică şi privată pentru diagnosticarea de laborator, îngrijirea clinică, managementul pacienţilor, educaţia pentru sănătate etc.; b) ONG-uri pentru implementarea activităţilor în rîndul populaţiei din grupurile de risc sporit, acordarea suportului PTH etc.; c) companii din sectorul privat pentru implementarea politicilor la locul de muncă; d) prestatori de servicii sociale pentru transpunerea răspunsului la HIV în serviciile existente; e) grupuri de cercetare pentru organizarea studiilor. 37. Autorităţile administraţiei publice şi organizaţiile responsabile de consolidarea capacităţilor sînt: a) Ministerul Sănătăţii, Ministerul Muncii, Protecţiei Sociale şi Familiei, Ministerul Educaţiei, Departamen- tul Instituţiilor Penitenciare al Ministerului Justiţiei, Ministerul Tineretului şi Sportului şi instituţiile abilitate; b) agenţiile tehnice ale ONU (UNAIDS, OMS, UNFPA, UNICEF etc.), prin acordarea asistenţei tehnice şi informarea asupra standardelor internaţionale; c) ONG-urile naţionale şi internaţionale specializate în domeniul intervenţiilor preconizate pentru PTH, intervenţii la locul de muncă, UDI etc.; d) autorităţile administraţiei publice locale de nivelul întîi şi al doilea.
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Capitolul X MONITORIZAREA ŞI EVALUAREA 38. Monitorizarea şi evaluarea Programului se efectuează de către Ministerul Sănătăţii conform Planului de monitorizare a Programului (anexa nr.2 la prezentul Program). 39. Indicatorii Programului vor fi raportaţi anual. 40. Principiul de bază în crearea indicatorilor-cheie este concentrarea pe “măsurarea progresului” în realiza- rea obiectivelor, rezultatelor şi componentelor de Program. 41. Indicatorii elaboraţi reflectă, de asemenea, necesităţile naţionale pentru raportări, după cum au fost formulate în cadrul Declaraţiei Acces Universal, Declaraţiei de la Dublin (în continuare, UNGASS); Iniţiativei de Acces Universal şi Obiectivelor de Dezvoltare ale Mileniului axate pe HIV/SIDA. 42. Indicatorii au fost grupaţi în patru categorii: de produs, de proces, de rezultat şi de impact.
Capitolul XI ESTIMAREA GENERALĂ A COSTURILOR
43. Estimarea costurilor pentru realizarea Programului s-a efectuat în baza determinării costului per servi- ciu sau per capita, după caz (anexa nr.3 la prezentul Program).
Anexa nr.1 la Programul naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015
POPULAŢIILE-ŢINTĂ DE BENEFICIARI, DEFINIŢII ŞI DESCRIERI Identificarea populaţiilor-ţintă de beneficiari (în continuare – PB) are drept scop cuantificarea resurselor alocate unei populaţii specifice ca parte a procesului de prestare a serviciilor în cadrul intervenţiei programa- tice, care au fost identificaţi în baza Ghidului UNAIDS, 2009 “Evaluarea şi clasificarea populaţiei de beneficiari pentru răspunsul naţional la HIV/SIDA”. Acesta reprezintă un rezultat legat de resursele cheltuite, fără a se ţine cont de eficienţa sau acoperirea realizată. I. PB.01 PERSOANE CARE TRĂIESC CU HIV 1. PB.01.01 Adulţi şi tineri (în vîrstă de 15 ani şi mai mult) care trăiesc cu HIV a) PB.01.01.01 Adulţi şi tineri bărbaţi (în vîrstă de 15 ani şi mai mult) care trăiesc cu HIV b) PB.01.01.02 Adulţi şi tinere femei (în vîrstă de de 15 ani şi mai mult) care trăiesc cu HIV c) PB.01.01.98 Adulţi şi tineri (în vîrstă de de 15 ani şi mai mult) care trăiesc cu HIV şi nu sînt dezagregaţi după criteriul de gender 2. PB.01.02 Copii (în vîrstă de pînă la 15 ani) care trăiesc cu HIV a) PB.01.02.01 Băieţi (în vîrstă de pînă la 15 ani) care trăiesc cu HIV b) PB.01.02.02 Fete (în vîrstă de pînă la 15 ani) care trăiesc cu HIV c) PB.01.02.98 Copii (în vîrstă de pînă la 15 ani) care trăiesc cu HIV şi nu sînt dezagregaţi după criteriul de gender 3. PB.01.98 Persoane care trăiesc cu HIV şi nu sînt dezagregate după criteriul de vîrstă sau gender II. PB.02 POPULAŢIILE CU RISC SPORIT DE INFECTARE sînt identificate după tipul de comporta- ment pe care îl practică şi care îi predispune la un risc mai mare de a fi infectaţi cu HIV. Astfel, se identifică acele populaţii care trebuie să constituie prioritate în cadrul programelor naţionale şi subnaţionale. În special, aceste grupuri de populaţii cu risc sporit de infectare includ următoarele categorii: LSC şi clienţii acestora, UDI, BSB, inclusiv adolescenţi din grupurile respective. Aceste populaţii sînt estimate ca avînd rate înalte de schimb al partenerilor sexuali, de practicare a relaţiilor sexuale neprotejate cu parteneri multipli sau de utilizare a echi- pamentului nesteril de injectare a drogurilor, activităţi care îi pun în pericol de expunere la HIV.
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1. PB.02.01 Utilizatori de droguri injectabile (UDI) şi partenerii lor sexuali 2. PB.02.02 Lucrători ai sexului comercial (LSC) şi clienţii lor a) PB.02.02.01 Lucrătoare ale sexului comercial (LSC) şi clienţii lor b) B.02.02.02 Bărbaţi LSC transvestiţi (şi clienţii lor) c) PB.02.02.03 Bărbaţi LSC netransvestiţi (şi clienţii lor) d) PB.02.02.98 Lucrători ai sexului comercial (LSC) dezagregaţi după criteriul de gender e) PB.02.02.99 Lucrători ai sexului comercial (LSC) care nu au mai fost clasificaţi şi clienţii acestora 3. PB.02.03 Bărbaţi ce întreţin relaţii sexuale cu bărbaţi (BSB) 4. PB.02.98 Populaţii cu risc sporit de infectare dezagregaţi după tip şi vîrstă III. PB.03 ALTE POPULAŢII-CHEIE includ populaţii precum sînt copiii rămaşi fără ocrotire părintească şi copiii din familii în situaţie de dificultate, copiii născuţi sau care urmează a fi născuţi de mame HIV pozitive, refugiaţii, persoanele intern deplasate şi imigranţii, emigranţii şi migranţii în cadrul hotarelor ţării, considerate ca “populaţii-cheie” în termeni atît de dinamică a epidemiei, cît şi de răspuns. 1. PB.03.01 Copii rămaşi fără ocrotire părintească şi copii din familii în situaţie de dificultate (CFT) 2. PB.03.02 Copii născuţi sau care urmează a fi născuţi de mame care trăiesc cu HIV 3. PB.03.03 Refugiaţi (deplasaţi la nivel extern) 4. PB.03.04 Populaţii intern deplasate (în cazuri de urgenţă) 5. PB.03.05 Migranţi/populaţii mobile 6. PB.03.06 Grupuri minoritare etnice 7. PB.03.07 Deţinuţi şi alte persoane instituţionalizate 8. PB.03.08 Şoferi de curse lungi/angajaţi în domeniul transporturilor şi şoferii comerciali 9. PB.03.09 Copii şi tineri ai străzii 10. PB.03.10 Copii şi tineri în conflict cu legea 11. PB.03.11 Copii şi tineri în afara şcolii 12. PB.03.12 Copii şi tineri instituţionalizaţi 13. PB.03.13 Parteneri ai persoanelor care trăiesc cu HIV 14. PB.03.14 Recipienţi de sînge şi produse sangvine 15. PB.03.98 Alte populaţii-cheie nedezagregate după tip 16. PB.03.99 Alte populaţii-cheie neclasificate în altă parte IV. PB.04 POPULAŢII “ACCESIBILE” SPECIFICE includ copiii din şcoli, femeile ce frecventează clinicile de sănătate reproductivă, personalul militar şi angajaţii la locul de muncă. 1. PB.04.01 Persoane ce frecventează clinicile ITS 2. PB.04.02 Elevi din treapta primară şi gimnazială 3. PB.04.03 Elevi din treapta liceală, elevi din învăţămîntul profesional, mediu de specialitate 4. PB.04.04 Studenţi din învăţămîntul superior 5. PB.04.05 Lucrători medicali 6. PB.04.06 Marinari 7. PB.04.07 Militari 8. PB.04.08 Poliţia şi alte servicii în uniformă (altele decît militarii) 9. PB.04.09 Ex-combatanţi 10. PB.04.10 Angajaţi la locul de muncă 11. PB.04.98 Populaţii “accesibile” nedezagregate după tip 12. PB.04.99 Populaţii “accesibile” neclasificate în altă parte V. PB.05 POPULAŢIA GENERALĂ cuprinde 1. PB.05.01 Populaţia generală (adulţi în vîrstă de 24 ani şi mai mult) a) PB.05.01.01 Populaţia de bărbaţi adulţi b) PB.05.01.02 Populaţia de femei adulte
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c) PB.05.01.98 Populaţia generală (adulţi ce au depăşit vîrsta de 24 ani) nedezagregată după categoria de gender 2. PB.05.02 Copii (în vîrstă de pînă la 15 ani) a) PB.05.02.01 Băieţi b) PB.05.02.02 Fete c) PB.05.02.98 Copii (în vîrstă de pînă la 15 ani) nedezagregată după categoria de gender 3. PB.05.03 Tineri (cu vîrste cuprinse între 15 şi 24 ani) PB.05.03.01 Bărbaţi tineri PB.05.03.02 Femei tinere PB.05.03.98 Tineri (cu vîrste cuprinse între 15 şi 24 ani) nedezagregaţi după categoria de gender 4. PB.05.98 Populaţia generală nedezagregată după categoria de vîrstă sau gender VI. PB.99 POPULAŢII-ŢINTĂ SPECIFICE neclasificate în altă parte: populaţii-ţintă ce nu au fost incluse în clasificările de mai sus.
Anexa nr.2 la Programul naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015
PLANUL NAŢIONAL pentru monitorizarea şi evaluarea Programului naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015
Capitolul I DISPOZIŢII GENERALE
1. Planul naţional pentru monitorizarea şi evaluarea Programului naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015 (în continuare – Planul) este armonizat cu cadrul de politici existente în diverse sectoare şi a fost elaborat prin intermediul unui proces participativ, în baza evaluării sistemului de monitorizare şi evaluare, a Programului naţional de profilaxie şi control a infecţiei HIV/SIDA/ITS pentru anii 2006-2010 şi a analizei Răspunsului Naţional. 2. Planul conţine informaţia de referinţă care asigură colectarea, agregarea, analiza şi utilizarea datelor pri- vind implementarea Programului, oferind informaţia cu privire la indicatorii de bază, principalele surse de date, fluxul informaţional, produsele informaţionale şi responsabilităţile instituţionale.
Capitolul II CONTEXT
3. Conform recomandărilor Conferinţei de la Washington din 25 aprilie 2004, organizată de UNAIDS şi de principalii donatori, Republica Moldova a semnat Declaraţia de angajament şi s-a angajat în elaborarea şi fortificarea principiului tripartit, care prevede armonizarea eforturilor şi evitarea dublărilor, prin intermediul: a) unui singur cadru strategic; b) unui singur mecanism de coordonare pentru gestionarea răspunsului naţional la infecţia HIV/SIDA şi ITS; c) unui singur sistem naţional de monitorizare şi evaluare.
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Capitolul III OBIECTIVELE ŞI ELEMENTELE MONITORIZĂRII ŞI EVALUĂRII
4. Scopul monitorizării şi evaluării este ghidarea şi coordonarea eficientă a procesului de colectare, analiză, agregare şi utilizare a datelor, care va permite monitorizarea în dinamică a progresului realizat în domeniul răs- punsului naţional la HIV/SIDA şi ITS şi fortificarea procesului de luare a deciziilor. 5. Obiectivele monitorizării şi evaluării sînt următoarele: a) elaborarea procesului de monitorizare şi evaluare, care va permite colectarea, prelucrarea, analiza şi inter- pretarea sistematică a datelor; b) întocmirea listei indicatorilor de bază, care vor facilita monitorizarea progreselor realizate în combaterea infecţiei HIV/SIDA şi ITS şi identificarea necesităţilor pentru luarea deciziilor; c) descrierea principalelor surse utilizate pentru colectarea datelor de monitorizare şi evaluare necesare; d) stabilirea fluxului informaţional; e) descrierea funcţiilor responsabililor de monitorizare şi evaluare; f) asigurarea transparenţei produselor diseminate şi a mecanismelor pentru distribuirea datelor. 6. Prin implementarea Planului vor fi realizate următoarele: a) raportarea de calitate şi în termen; b) fortificarea sistemului de monitorizare şi evaluare; c) fluxul structurat şi coordonat al informaţiei de rutină; d) crearea depozitarului unic de date care ar integra sistemele de raportare preexistente; e) elaborarea strategiei de diseminare a datelor; f) întocmirea planului de creştere a competenţelor; g) stabilirea agendelor de studii şi evaluare. 7. Cadrul organizatoric, aprobat în 2008 de către Grupul Global de Referinţă pentru Monitorizare şi Evalu- are, include 12 componente ale sistemului de monitorizare şi evaluare: a) structurile organizaţionale cu funcţii de monitorizare şi evaluare; b) capacităţile umane pentru monitorizare şi evaluare; c) parteneriatele pentru planificarea, coordonarea şi gestionarea sistemului de monitorizare şi evaluare; d) planul naţional şi multisectorial de monitorizare şi evaluare; e) planul de lucru naţional anual de monitorizare şi evaluare; f) pledoarie, comunicare şi cultură; g) monitorizarea permanentă de rutină a Programului; h) studii şi supraveghere; i) baze de date naţionale şi subnaţionale; j) supravegherea de sprijin şi auditul datelor; k) studii ştiinţifice şi evaluare; l) distribuirea şi utilizarea datelor. 8. Sistemul naţional de monitorizare şi evaluare are funcţii importante la nivel central, teritorial şi de pre- statori ai serviciilor. Sistemul de monitorizare şi evaluare include raportarea din partea instituţiilor publice şi a societăţii civile din toate sectoarele implicate în implementarea Programului. 9. Fluxurile de prezentare a informaţiilor: a) verticale de raportare existente, sisteme automatizate (SIME-HIV, SIME-ITS, SI CTV, identificator unic); b) verticale de raportare existente, sisteme neautomatizate (raportarea în baza formularelor statistice); c) verticale în curs de instituţionalizare (raportarea din partea ONG); d) orizontale (raportarea intersectorială).
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Capitolul IV INDICATORII NAŢIONALI PENTRU INFECŢIA HIV
10. Indicatorii pentru monitorizarea şi evaluarea Programului, conform tabelului 1 din prezenta anexă, au fost selectaţi conform: a) obiectivelor Programului ; b) indicatorilor pentru infecţia HIV/SIDA ai Strategiei naţionale de dezvoltare şi ai Obiectivelor de Dezvol- tare ale Mileniului naţionalizate; c) indicatorilor internaţionali recomandaţi din UNGASS; d) indicatorilor iniţiativei “Acces Universal” la intervenţii în domeniul HIV/SIDA; e) indicatorilor relevanţi pentru infecţia HIV/SIDA şi ITS din alte politici şi planuri naţionale; f) ghidurilor internaţionale pentru monitorizarea şi evaluarea infecţiei HIV/SIDA; g) criteriilor de cuantificare realistă şi costului rezonabil. 11. Monitorizarea echităţii şi accesului la intervenţii eficiente de prevenire, îngrijiri, tratament şi atenuare a impactului este reflectată în definiţia şi modul de dezagregare a indicatorilor respectivi. Categoriile standard de indicatori sînt: vîrsta, sexul, locul de reşedinţă şi regiunea (malul drept/stîng al Nistrului).
Capitolul V SURSELE DE DATE PENTRU INDICATORII NAŢIONALI
12. Sursele de date pentru indicatorii de Program sînt următoarele: a) indicatorii de impact şi rezultat, care includ: studii biomedicale şi clinice; de supraveghere de santinelă în populaţii cu risc sporit de infectare; comportamentale şi sociologice; b) indicatorii de produs, care includ: statistica administrativă/monitorizarea de rutină; c) numitorii unor indicatori, care presupun: estimări ale incidenţei, prevalenţei, mărimii grupurilor de po- pulaţii cu risc sporit de infectare, necesitaţii în tratament ARV şi prognoze referitor la evoluţia acestor valori estimate. 13. Pentru complimentarea surselor de date existente şi îmbunătăţirea înţelegerii tendinţelor de evoluţie a problemelor specifice de sănătate publică, va fi efectuată sinteza pentru analiza datelor din surse multiple în baza observărilor empirice.
Capitolul VI BAZA NAŢIONALĂ DE DATE SIDATA
14. Baza naţională de date SIDATA constituie un instrument funcţional care asigură disponibilitatea datelor pentru utilizarea lor în procesul de planificare strategică şi concentrează datele agregate din: a) sistemele de raportare existente în cadrul instituţiilor publice şi implementatorii intersectoriali a Progra- mului; b) sectorul neguvernamental. 15. Baza naţională de date SIDATA integrează sistemele de raportare existente şi constituie o platformă uni- că de prezentare a datelor, care evită raportarea dublă, asigură transparenţa datelor, validarea la nivel naţional, accesul limitat de editare în scopul asigurării securităţii datelor. 16. Baza naţională de date SIDATA prevede acces web pentru vizualizarea datelor grupate după strategii/ categorii/arii de intervenţii. 17. Baza naţională de date SIDATA este amplasată în incinta Centrului Naţional SIDA. Introducerea datelor este efectuată de persoane desemnate/instruite din cadrul tuturor instituţiilor publice şi neguvernamentale abilitate, conform tabelului 2 din prezenta anexă.
308 Acte normative actualizate
Capitolul VII CALITATEA DATELOR
18. Criteriile de calitate pentru datele de monitorizare şi de evaluare includ: validitate; veridicitate; actuali- tate; precizie; integritate. 19. Grupul tehnic de lucru pentru monitorizare şi evaluare (în continuare – GTLME) va elabora Protocolul pentru asigurarea calităţii datelor, care va instituţionaliza un sistem pentru calitatea principalilor indicatori, fortificarea sistemelor de gestiune a datelor şi creşterea competenţelor personalului implicat în colectarea, agre- garea şi analiza lor. 20. Supravegherea de suport va include monitorizarea şi direcţionarea performanţei instituţiilor subordo- nate şi transferul cunoştinţelor, atitudinilor şi deprinderilor. Supravegherea de suport va fi efectuată eşalonat pe organizaţiile de prestare a serviciilor şi va fi utilizată ca mecanism pentru fortificarea capacităţilor de monitori- zare şi evaluare locale. GTLME va elabora Ghidul pentru supravegherea de suport în monitorizare şi evaluare. 21. Validarea datelor presupune aplicarea unor mecanisme interne şi externe. Auditul intern va fi un proces consecvent, desfăşurat cu o anumită periodicitate. Auditurile externe vor fi întreprinse anual în locaţii selectate aleatoriu şi pentru anumiţi indicatori. Responsabilitatea pentru validarea datelor în cadrul sectoarelor aparţine ministerelor de ramură. Aspectele multilaterale vor fi gestionate de GTLME.
Capitolul VIII EVALUĂRI ŞI CERCETĂRI
22. Evaluarea şi studiile sînt componente ale sistemului complex de monitorizare şi evaluare. Crearea pro- cesului naţional pentru identificarea domeniilor pentru evaluare şi desfăşurarea studiilor şi cercetărilor va asi- gura evitarea dublării eforturilor şi diseminarea rezultatelor pentru utilizare în procesul de luare a deciziilor. Planificarea adecvată a studiilor, cercetărilor şi evaluărilor va constitui o premisă pentru o finanţare adecvată. 23. Domeniile prioritare pentru studii epidemiologice includ: a) elucidarea rolului consumului de droguri injectabile în transmiterea infecţiei HIV în rîndul gravidelor, LSC şi BSB; b) determinarea ponderii reale a transmiterii heterosexuale sau homosexuale a infecţiei HIV la bărbaţi, neasociate cu consumul de droguri injectabile; c) elucidarea factorilor de vulnerabilitate la HIV şi ITS asociate aspectelor de gen; d) studierea factorilor care determină adolescenţii să adopte comportamente cu risc sporit de infectare cu HIV; e) descrierea sistemului de referire şi a legăturilor de suport de la egal la egal în asistenţa, îngrijirile/trata- mentul şi supravieţuirea după diagnosticarea infecţiei HIV; f) efectuarea unui studiu descriptiv al infecţiei HIV/SIDA asupra gravidelor cu statut HIV pozitiv.
Capitolul IX PRODUSE INFORMAŢIONALE
24. Rapoartele de implementare a Programului sînt următoarele: a) raportul anual de monitorizare şi evaluare în infecţia HIV/SIDA şi ITS; b) rapoarte trimestriale pentru Fondul global SIDA/TB/Malarie; c) raportul anual pentru Acces Universal; d) raportul bienal UNGASS; e) raportul de evaluare la mijloc de termen şi la finele implementării Programului.
309 Tabelul 1
310 Indicatorii de monitorizare şi evaluare a Programului INDICATORII DE IMPACT Valoarea Ghidul Instituţia Frecvenţa Valoarea Indicatori Numărător Numitor Sursa de date Dezagregare scontată internaţional responsabilă raportării de bază (2015) 1 2 3 4 5 6 7 8 9 10 Prevalenţa HIV (% Numărul mostrelor de Numărul UNGASS #22 Studii epidemiologice/ Dezagregare după Centrul Naţi- O dată la 0,37 0,44 din eşantion sau esti- sînge cu rezultat pozi- mostrelor OMS, suprave- Statistica de rutină grup de vîrstă, gen, onal SIDA 2-3 ani mat naţional) tiv la HIV testate gherea de gene- regiune (malul drept raţia a doua şi malul stîng), me- diul de reşedinţă Prevalenţa HIV în Numărul mostrelor de Numărul UNGASS #23 Studii de seroprevalenţă Dezagregare după Centrul Naţi- O dată la UDI – 16,4% UDI – 20% rîndul populaţiilor cu sînge cu rezultat pozi- mostrelor OMS, suprave- (studiu integrat biocom- grup de vîrstă şi gen onal SIDA 2-3 ani LSC – 6,1% LSC – 11% Traficul de fiinţe umane şi egalitatea genurilor în Moldova
risc sporit de infecta- tiv la markeri HIV testate gherea de gene- portamental) BSB – 1,7% BSB – 5% re (UDI, LSC, BSB şi raţia a doua Deţinuţi – Deţinuţi – deţinuţi) 3,5% 3,5% Prevalenţa HVC în Numărul mostrelor de Numărul UNGASS #23 Studii de seroprevalenţă Dezagregare după Centrul Naţi- O dată la UDI – 72,8% UDI – 63% rîndul populaţiilor cu sînge cu rezultat pozi- mostrelor OMS, suprave- (studiu integrat biocom- grup de vîrstă şi gen onal SIDA 2-3 ani LSC – 16% LSC – 11% risc sporit de infecta- tiv la markeri HVC testate gherea de gene- portamental) BSB – 3,6% BSB – 3% re (UDI, LSC, BSB şi raţia a doua Deţinuţi – Deţinuţi – deţinuţi) 15,7% 10,7% Prevalenţa HVB în Numărul mostrelor de Numărul UNGASS #23 Studii de seroprevalenţă Dezagregare după Centrul Naţi- O dată la UDI – 10,9% UDI – 5,9% rîndul populaţiilor cu sînge cu rezultat pozi- mostrelor OMS, suprave- (studiu integrat biocom- grup de vîrstă şi gen onal SIDA 2-3 ani LSC – 8,5% LSC – 4,5% risc sporit de infecta- tiv la markeri HVB testate gherea de gene- portamental) BSB – 5,8% BSB – 3,8% re (UDI, LSC, BSB şi raţia a doua Deţinuţi – Deţinuţi – deţinuţi) 16,3% 11,3% Prevalenţa sifilisului Numărul mostrelor de Numărul UNGASS #23 Studii de seroprevalenţă Dezagregare după DDVR / O dată la UDI – 2,3% UDI – 2% în rîndul populaţii- sînge cu rezultat pozi- mostrelor OMS, suprave- (studiu integrat biocom- grup de vîrstă şi gen Centrul Naţi- 2-3 ani LSC – 6,9% LSC – 3,9% lor cu risc sporit de tiv la markeri sifilis testate gherea de gene- portamental) onal SIDA BSB – 12,7% BSB – 7,7% infectare (UDI, LSC, raţia a doua Deţinuţi – Deţinuţi – BSB şi deţinuţi) 3,5% 8,5% Prevalenţa HIV în Numărul de gravide Numărul de Indicator naţi- Statistică administrativă Dezagregare după Centrul Naţi- Anual 0,29% 0,16% rîndul gravidelor cu statut HIV + înre- gravide testa- onal grup de vîrstă, regi- onal SIDA gistrate te la HIV une (malul drept şi malul stîng), mediul de reşedinţă % femei gravide înre- Numărul cazurilor Numărul de Indicator naţi- Statistică administrativă Dezagregare după DDVR DDV Anual 0,3% 0,2% gistrate cu sifilis noi de gravide cu gravide în onal grup de vîrstă şi re- Tiraspol diagnostic de sifilis, anul de ra- giune (malul drept şi înregistrate portare malul stîng) Incidenţa înregistrată Numărul de cazuri noi Numărul Indicator naţi- Statistică administrativă Dezagregare după Centrul Naţi- Anual 17 la 100000 20 la 100000 a cazurilor noi HIV HIV înregistrate populaţiei onal grup de vîrstă, gen şi onal SIDA la 100000 populaţie regiune (malul drept şi malul stîng), me- diul de reşedinţă Incidenţa înregistrată Numărul de persoane Numărul Indicator naţi- Statistică administrativă Dezagregare după CNMS Anual 42,7 la 40 la 100000 a gonoreei la 100000 cu diagnostic de gono- populaţiei onal grup de vîrstă, gen şi DDVR DDV 100000 populaţie ree înregistrate regiune (malul drept Tiraspol şi malul stîng), me- diul de rezidenţă Incidenţa înregistrată Numărul de persoane Numărul Indicator naţi- Statistică administrativă Dezagregare după DDVR DDV Anual 69,5 la 60 la 100000 a sifilisului la 100 000 cu diagnostic de sifilis populaţiei onal grup de vîrstă, gen şi Tiraspol 100000 populaţie înregistrate regiune (malul drept şi malul stîng), me- diul de rezidenţă % adulţilor şi copiilor Numărul persoanelor Numărul Indicator UN- Statistică administrativă Dezagregare după Centrul Naţi- Anual 12 luni – 12 luni – cu HIV care primesc în tratament ARV care adulţilor şi GASS # 24, grup de vîrstă, gen onal SIDA 88,26% 88,26% tratament 12, 24, 36, au ajuns la 12, 24, 36, copiilor care Indicator Acces şi regiune (malul 24 luni – 24 luni – 88% 48, 60 luni după iniţi- 48 şi 60 luni de la iniţi- au iniţiat Universal # G3a- drept şi malul stîng), 88% 36 luni – 85% erea terapiei ARV erea acestuia tratamen- e, EURO mediul de rezidenţă, 36 luni – 48 luni – 80% tul ARV în grupul UDI 72% 60 luni – 70% cohorta de 48 luni – raportare 79% pentru 12, 60 luni – 24, 36, 48 şi 57% 60 luni de la iniţiere Mortalitatea asociată Numărul deceselor Numărul Indicator naţi- Estimări şi prognoze Dezagregare după Centrul Anual 9,6 8,6 cu SIDA la 100000 asociate cu SIDA în estimat de onal grup de vîrstă, gen Naţional de populaţie anul de raportare populaţie şi regiune (malul Management HIV pozitivă drept şi malul stîng), în Sănătate mediul de rezidenţă, cauza decesului
311 Acte normative actualizate Rata de transmitere Numărul estimat al Numărul Indicator UN- Estimări/ prognoze/ - Centrul Naţi- Anual 2% 2%
312 a infecţiei HIV pe cazurilor noi HIV estimat al GASS 25/Indica- Statistica administrativă, onal SIDA verticală la copii generat de gravidelor tor naţional analiza de cohortă după SPECTRUM/Numărul HIV pozitive anul naşterii copiilor HIV pozitivi generat de născuţi din mame HIV SPECTRUM/ pozitive din cohorta Numărul co- anuală piilor născuţi din mame HIV pozitive din cohorta anuală 3.1. PREVENIRE 3.1.1. Populaţia generală Indicatori de rezultat 1 2 3 4 5 6 7 8 9 10 % tinerilor de 15- Numărul responden- Numărul res- Indicator UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 40,8% 75% Traficul de fiinţe umane şi egalitatea genurilor în Moldova
24 ani care cunosc ţilor de 15-24 ani care pondenţilor GASS 13 grup de vîrstă, mediu onal SIDA 2-3 ani căile de transmitere au dat un răspuns de 15-24 ani de rezidenţă şi gen HIV şi care resping corect la toate întrebă- principalele concepţii rile-cheie greşite despre trans- miterea HIV % populaţiei generale Numărul responden- Numărul res- Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 30,6% 50% de 15-49 ani care ţilor de 15-49 ani care pondenţilor onal grup de vîrstă, mediu onal SIDA 2-3 ani cunosc căile de trans- au dat un răspuns de 15-49 ani de rezidenţă şi gen mitere HIV şi care corect la toate întrebă- resping principalele rile-cheie concepţii greşite des- pre transmiterea HIV % femeilor şi băr- Numărul responden- Numărul res- Indicatorul UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 9,8% (17,9% 8,5% (15% baţilor de 15-49 ani ţilor de 15-49 ani care pondenţilor GASS 16 grup de vîrstă, mediu onal SIDA 2-3 ani bărbaţi şi bărbaţi şi 2% care au avut contacte au dat un răspuns de 15-49 ani de rezidenţă şi gen 1,8% femei) femei) sexuale cu mai mult corect la toate întrebă- de un partener în rile-cheie ultimele 12 luni % femeilor şi băr- Numărul responden- Numărul Indicatorul UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 68% 70% baţilor de 15-49 ani ţilor de 15-49 ani care respondenţi- GASS 17 grup de vîrstă, mediu onal SIDA 2-3 ani care au avut contacte au avut mai mult de lor studiului de rezidenţă şi gen sexuale cu mai mult un partener sexual în de 15-49 ani de un partener în ultimele 12 luni şi au care au avut ultimele 12 luni şi au folosit prezervativul la mai mult de folosit prezervativul ultimul contact sexual un partener la ultimul contact sexual în sexual ultimele 12 luni % tinerilor de 15-24 Numărul respon- Numărul res- Indicatorul UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 6,7% 6% ani au avut primul denţilor de 15-24 ani pondenţilor GASS 15 grup de vîrstă, mediu onal SIDA 2-3 ani contact sexual înainte care au relatat despre studiului de de rezidenţă şi gen de vîrsta de 15 ani debutul vieţii sexuale 15-24 ani înainte de 15 ani % tinerilor de 15-24 Numărul responden- Numărul Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 53,6% 70% ani care au folosit ţilor de 15-24 ani care respondenţi- onal grup de vîrstă, mediu onal SIDA 2-3 ani prezervativul la pri- au folosit prezervati- lor studiului de rezidenţă şi gen mul contact sexual vul la primul contact de 15-24 ani sexual cu experienţă sexuală. % femeilor şi bărbaţi- Numărul responden- Numărul res- Indicatorul UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 13,2% 13% lor de 15-49 ani care ţilor de 15-49 ani care pondenţilor GASS 7 grup de vîrstă, mediu onal SIDA 2-3 ani au făcut testul la HIV au fost testaţi la HIV de 15-49 ani de rezidenţă şi gen în ultimele 12 luni şi pe durata ultimului an îşi cunosc rezultatul şi îşi cunosc rezultatul ultimului test ultimului test % femeilor gravide Numărul femeilor gra- Numărul Indicator naţi- Statistică administrativă Centrul Naţi- Anual 81,9% 90% HIV pozitive care vide HIV pozitive care femeilor onal onal SIDA au primit tratament au primit tratament gravide HIV ARV pentru a reduce ARV pentru a reduce pozitive înre- riscul de transmitere riscul de transmitere gistrate de la mamă la făt de la mamă la făt % copiilor născuţi Numărul copiilor năs- Numărul co- Indicator naţi- Statistică administrativă - Centrul Naţi- Anual 84% 90% din mame HIV pozi- cuţi din mame HIV piilor născuţi onal onal SIDA tive care au fost tes- pozitive care au fost din mame taţi la HIV în primele testaţi la HIV în pri- HIV pozitive 2 luni de viaţă mele 2 luni de viaţă
313 Acte normative actualizate % copiilor născuţi Numărul copiilor năs- Numărul co- Indicator naţi- Statistică administrativă - Centrul Naţi- Anual 97,5% 97,5%
314 din mame HIV po- cuţi din mame HIV piilor născuţi onal onal SIDA zitive care au primit pozitive care au primit din mame substituenţi ai lapte- substituenţi ai laptelui HIV pozitive lui matern matern
Indicatori de proces/produs 1 2 3 4 5 6 7 8 % mostrelor de sînge donate testate Numărul de mostre de sînge donate Numărul de Indicator Statistica adminis- Dezagregare după regiu- Centrul Naţional Anual după criteriile de calitate testate după criteriile de calitate mostre de sînge UNGASS trativă ne (malul drept şi stîng) de Transfuzie a donate 3 Sîngelui % populaţiei generale de 15-49 ani care Numărul respondenţilor de 15-49 Numărul respon- Indicator Studiu comporta- Dezagregare după grup Centrul Naţional O dată a beneficiat de pachetul de materiale ani care au beneficiat de pachetul de denţilor de 15-49 naţional mental de vîrstă, mediu de rezi- SIDA la 2-3 informaţionale pe durata ultimului an materiale informaţionale pe durata ani denţă şi gen ani ultimului an % populaţiei generale 15-49 ani care a Numărul respondenţilor de 15-49 Numărul respon- Indicator Studiu comporta- Dezagregare după grup Centrul Naţional O dată Traficul de fiinţe umane şi egalitatea genurilor în Moldova
beneficiat de prezervative gratuit ani care au beneficiat de prezervative denţilor de 15-49 naţional mental de vîrstă, mediu de rezi- SIDA la 2-3 gratuit ani denţă şi gen ani % cabinetelor CTV care au oferit ser- Numărul cabinetelor CTV care au Numărul ca- Indicator Statistică adminis- - Centrul Naţional Anual vicii populaţiei generale şi corespund oferit servicii populaţiei generale şi binetelor CTV naţional trativă SIDA criteriilor de calitate corespund criteriilor de calitate evaluate % şcolilor care au profesori instruiţi Numărul şcolilor care au profesori Numărul şcolilor Indicator Studiu în şcoli Dezagregare după regiu- Ministerul Edu- Anual în prevenirea HIV şi au organizat cur- instruiţi în prevenirea HIV şi au or- din eşantion UNGASS ne, mediul de rezidenţă caţiei suri de prevenire HIV în ultimul an ganizat cursuri de prevenire HIV în 11 academic ultimul an academic % elevilor acoperiţi cu ore de preveni- Numărul elevilor acoperiţi cu ore de Numărul elevilor Indicator Studiu în şcoli Dezagregare după regiu- Ministerul Edu- Anual re a HIV prevenire a HIV intervievaţi naţional ne, mediul de rezidenţă caţiei % pacienţilor cu ITS diagnosticaţi care Numărul pacienţilor cu ITS diagnos- Numărul paci- Indicator Statistică adminis- Dezagregare după regiu- Instituţia medico- Anual au primit tratament conform standar- ticaţi care au primit tratament con- enţilor cu ITS naţional trativă ne, mediul de rezidenţă sanitară publică delor naţionale form standardelor naţionale diagnosticaţi Dispensarul der- mato-venerologic republican % instituţiilor care dispun de kit-ul Numărul instituţiilor care dispun de Numărul in- Indicator Studiu reprezen- Dezagregare după regiu- Centrul Naţional Anual pentru profilaxie postexpunere kit-ul pentru profilaxie postexpunere stituţiilor din UNGASS tativ în instituţiile ne, mediul de rezidenţă SIDA eşantion adiţional medicale #1 3.1.2. Grupurile de risc (LSC, UDI, BSB) Indicatori de rezultat 1 2 3 4 5 6 7 8 9 10 % UDI, LSC, BSB Numărul respondenţilor Numărul res- Indicator UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la UDI – 64,9% UDI –70% care au cunoştinţe care au dat un răspuns pondenţilor GASS 14 grup de vîrstă şi gen onal SIDA 2-3 ani LSC – 28,7% LSC – 50% corecte despre căile corect la toate întrebări- BSB – 34,2% BSB – 50% de transmitere şi pre- le-cheie venire HIV % UDI care au folosit Numărul respondenţilor Numărul res- Indicator UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 99,3% 99% echipament steril care au folosit echipa- pondenţilor GASS 21 grup de vîrstă şi gen onal SIDA 2-3 ani (nu au făcut schimb ment steril (nu au făcut direct şi indirect) la schimb direct şi indi- ultima injectare rect) la ultima injectare % UDI care au folosit Numărul respondenţilor Numărul Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 33% 50% echipament steril care au folosit echipa- respondenţi- onal grup de vîrstă şi gen onal SIDA 2-3 ani (nu au făcut schimb ment steril (nu au făcut lor care şi-au direct şi indirect) pe schimb direct şi indi- injectat dro- durata ultimei luni rect) pe durata ultimei guri pe durata luni ultimei luni % UDI care au folosit Numărul respondenţilor Numărul res- Indicator UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 35,6% 55% prezervativul la ulti- care au folosit prezerva- pondenţilor GASS 20 grup de vîrstă şi gen onal SIDA 2-3 ani mul contact sexual tivul la ultimul contact sexual % UDI care au folosit Numărul respondenţilor Numărul res- Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 17,8% 40% prezervativul întot- care au folosit prezer- pondenţilor onal grup de vîrstă şi gen onal SIDA 2-3 ani deauna pe durata vativul întotdeauna pe ultimei luni durata ultimei luni % UDI care au be- Numărul respondenţilor Numărul res- Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 7,4% 60% neficiat de pachetul care au beneficiat de pondenţilor onal grup de vîrstă şi gen onal SIDA 2-3 ani de servicii pe durata pachetul de servicii pe ultimului an durata ultimului an % LSC care au folosit Numărul respondenţilor Numărul res- Indicator UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 90,8% 90% prezervativul la ul- care au folosit prezerva- pondenţilor GASS 18 grup de vîrstă onal SIDA 2-3 ani timul contact sexual tivul la ultimul contact comercial sexual comercial % LSC care au folosit Numărul respondenţilor Numărul Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 60,8% 75% întotdeauna prezer- care au folosit prezer- responden- onal grup de vîrstă onal SIDA 2-3 ani vativul pe durata vativul întotdeauna pe ţilor care au ultimei luni în cazul durata ultimei luni în avut contacte contactelor comer- cazul contactelor co- pe durata ciale merciale ultimei luni
315 Acte normative actualizate % LSC care au be- Numărul respondenţilor Numărul res- Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 15,3% 60%
316 neficiat de pachetul care au beneficiat de pondenţilor onal grup de vîrstă onal SIDA 2-3 ani de servicii pe durata pachetul de servicii pe ultimului an durata ultimului an % BSB care au folosit Numărul respondenţilor Numărul res- Indicator UN- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 61,9% 75% prezervativul la ulti- care au folosit prezerva- pondenţilor GASS 19 grup de vîrstă onal SIDA 2-3 ani mul contact homose- tivul la ultimul contact xual anal homosexual anal % BSB care au folosit Numărul respondenţilor Numărul res- Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 43,4% 50% prezervativul întot- care au folosit prezer- pondenţilor onal grup de vîrstă onal SIDA 2-3 ani deauna pe durata vativul întotdeauna pe ultimei luni în cazul durata ultimei luni în contactelor homose- cazul contactelor homo- xuale anale sexuale anale % BSB care au be- Numărul respondenţilor Numărul res- Indicator naţi- Studiu comportamental Dezagregare după Centrul Naţi- O dată la 25% 60% neficiat de pachetul care au beneficiat de pondenţilor onal grup de vîrstă onal SIDA 2-3 ani de servicii pe durata pachetul de servicii pe Traficul de fiinţe umane şi egalitatea genurilor în Moldova
ultimului an durata ultimului an
Indicatori de proces/produs 1 2 3 4 5 6 7 8 % UDI care au fost testaţi la HIV Numărul respondenţilor care au fost Numărul respon- Indicator Studiu comporta- Dezagregare după grup Centrul Naţional O dată la pe durata ultimului an şi îşi cunosc testaţi la HIV pe durata ultimului an şi denţilor UNGASS 8 mental de vîrstă şi gen SIDA 2-3 ani rezultatul îşi cunosc rezultatul % cabinetelor VCT care au oferit Numărul cabinetelor VCT care au ofe- Numărul ca- Indicator Studiu reprezen- Dezagregare după regiu- Centrul Naţional Anual servicii UDI şi corespund criteriilor rit servicii UDI şi corespund criteriilor binetelor VCT naţional tativ în cabinetele ne (malul drept şi stîng) SIDA de calitate de calitate evaluate VCT % LSC care au fost testaţi la HIV Numărul respondenţilor care au fost Numărul respon- Indicator Studiu comporta- Dezagregare după grup Centrul Naţional O dată la pe durata ultimului an şi îşi cunosc testaţi la HIV pe durata ultimului an şi denţilor UNGASS 8 mental de vîrstă SIDA 2-3 ani rezultatul îşi cunosc rezultatul % cabinetelor VCT care au oferit Numărul cabinetelor VCT care au ofe- Numărul ca- Indicator Studiu reprezen- Dezagregare după regiu- Centrul Naţional Anual servicii LSC şi corespund criteriilor rit servicii LSC şi corespund criteriilor binetelor VCT naţional tativ în cabinetele ne (malul drept şi stîng) SIDA de calitate de calitate evaluate VCT % BSB care au fost testaţi la HIV Numărul respondenţilor care au fost Numărul respon- Indicator Studiu comporta- Dezagregare după grup Centrul Naţional O dată la pe durata ultimului an şi îşi cunosc testaţi la HIV pe durata ultimului an şi denţilor UNGASS 8 mental de vîrstă. SIDA 2-3 ani rezultatul ultimului test îşi cunosc rezultatul % cabinetelor VCT care au oferit Numărul cabinetelor VCT care au ofe- Numărul ca- Indicator Studiu reprezen- Dezagregare după regiu- Centrul Naţional Anual servicii BSB şi corespund criteriilor rit servicii BSB şi corespund criteriilor binetelor VCT naţional tativ în cabinetele ne (malul drept şi stîng) SIDA de calitate de calitate evaluate VCT % pacienţilor cu sifilis diagnosticaţi Numărul pacienţilor cu sifilis diagnos- Numărul persoa- Indicator Statistică adminis- Dezagregare după regiu- Instituţia medico- Anual care au primit tratament conform ticaţi care au primit tratament conform nelor diagnosti- naţional trativă ne (malul drept şi stîng), sanitară publică standardelor naţionale standardelor naţionale cate cu sifilis grup ţintă, gen, grup de Dispensarul der- vîrstă mato-venerologic republican % pacienţilor cu gonoree diagnos- Numărul pacienţilor cu gonoree di- Numărul persoa- Indicator Statistică adminis- Dezagregare după regiu- Instituţia medico- Anual ticaţi care au primit tratament con- agnosticaţi care au primit tratament nelor diagnosti- naţional trativă ne (malul drept şi stîng), sanitară publică form standardelor naţionale conform standardelor naţionale cate cu gonoree grup ţintă, gen, grup de Dispensarul der- vîrstă mato-venerologic republican % pacienţilor cu sifilis din GRS dia- Numărul pacienţilor cu ITS din GRS Numărul persoa- Indicator Statistică adminis- Dezagregare după regiu- Instituţia medico- Anual gnosticaţi care au primit tratament diagnosticaţi care au primit tratament nelor din grupul naţional trativă ne (malul drept şi stîng), sanitară publică conform standardelor naţionale conform standardelor naţionale de risc diagnosti- grup ţintă, gen, grup de Dispensarul der- cate cu ITS vîrstă mato-venerologic republican % pacienţilor cu gonoree din GRS Numărul pacienţilor cu ITS din GRS Numărul persoa- Indicator Statistică adminis- Dezagregare după regiu- Instituţia medico- Anual diagnosticaţi care au primit trata- diagnosticaţi care au primit tratament nelor din grupul naţional trativă ne (malul drept şi stîng), sanitară publică ment conform standardelor naţio- conform standardelor naţionale de risc diagnosti- grup ţintă, gen, grup de Dispensarul der- nale cate cu ITS vîrstă mato-venerologic republican
3.2 Îngrijiri, susţinere şi tratament Indicatori de rezultat 1 2 3 4 5 6 7 8 9 10 % adulţilor şi copiilor Numărul adulţilor şi Numărul esti- Indicatorul UN- Statistică administrativă/ Dezagregare după Centrul Naţi- Anual 34,6% 80% cu infecţie HIV avan- copiilor cu infecţie mat al adulţilor GASS nr.4 SPECTRUM regiune (malul drept onal SIDA sată care primesc HIV avansată care şi copiilor cu şi stîng), gen, grup de terapie ARV primesc terapie ARV infecţie HIV vîrstă la finele perioadei de care necesită raportare terapie ARV % pacienţilor cu TB/ Numărul pacienţilor Numărul paci- Indicatorul UN- Statistică administrativă Dezagregare după Centrul Naţi- Anual 38,7% 60% HIV care au iniţiat care au primit trata- enţilor cu HIV/ GASS nr.6 regiune (malul drept onal SIDA tratament pentru TB ment ARV conform TB înregistraţi şi stîng), gen, grup de şi HIV protocoalelor naţionale de către servi- vîrstă şi au iniţiat tratament ciul ftiziopneu- antituberculos în anul mologic (SIME de raportare TB)
317 Acte normative actualizate Indicatori de proces/produs
318 1 2 3 4 5 6 7 8 % adulţilor şi copiilor înregistraţi cu Numărul adulţilor şi copiilor cu infec- Numărul adulţilor Indicator Statistică adminis- Dezagregare după regiu- Centrul Naţional Anual infecţie HIV care au fost în vizită de ţie HIV care au fost în vizită de supra- şi copiilor cu in- Acces trativă ne (malul drept şi stîng), SIDA supraveghere pe durata ultimului an veghere pe durata ultimului an fecţie HIV în viaţă Universal gen, grup de vîrstă, calea înregistraţi Euro 2 probabilă de transmitere % PTH în supraveghere care au pri- Numărul adulţilor şi copiilor cu in- Numărul adulţilor Indicator Statistică adminis- Dezagregare după regiu- Centrul Naţional Anual mit cel puţin un test CD4 în ultimul fecţie HIV care au primit cel puţin un şi copiilor cu in- Acces trativă ne (malul drept şi stîng), SIDA an test CD4 viral în ultimul an fecţie HIV în viaţă Universal gen, grup de vîrstă, calea înregistraţi Euro 2 probabilă de transmitere % PTH în supraveghere care au Numărul adulţilor şi copiilor cu in- Numărul adulţilor Indicator Statistică adminis- Dezagregare după regiu- Centrul Naţional Anual primit cel puţin un test ARN viral în fecţie HIV care au primit cel puţin un şi copiilor cu in- Acces trativă ne (malul drept şi stîng), SIDA ultimul an test ARN viral în ultimul an fecţie HIV în viaţă Universal gen, grup de vîrstă, calea înregistraţi Euro 2 probabilă de transmitere % PTH care au trecut screening-ul la Numărul adulţilor şi copiilor cu infec- Numărul adulţilor Indicator Statistică adminis- Dezagregare după regiu- Centrul Naţional Anual TB în ultimul an ţie HIV care au trecut screening-ul la şi copiilor cu in- naţional trativă ne (malul drept şi stîng), SIDA TB în ultimul an fecţie HIV în viaţă gen, grup de vîrstă, calea Traficul de fiinţe umane şi egalitatea genurilor în Moldova
înregistraţi probabilă de transmitere % instituţiilor care eliberează pre- Numărul instituţiilor care eliberează Numărul instituţi- Indicator Statistică adminis- Dezagregare după regiu- Centrul Naţional Anual parate ARV şi care au înregistrat preparate ARV şi care au înregistrat ilor care eliberează UNGASS trativă ne (malul drept şi stîng) SIDA rupturi de stoc pentru cel puţin un rupturi anagem de stoc pentru cel pu- preparate ARV adiţional preparat pe durata ultimului an ţin un preparat pe durata ultimului an
3.3 Mitigare/atenuarea consecinţelor Indicatori de rezultat 1 2 3 4 5 6 7 8 9 10 % adulţilor şi copiilor Numărul adulţilor şi Numărul adulţilor şi copiilor cu infecţie Indicator Studiu/statistică Dezagregare după regiune MMPSF O dată la - 10% cu infecţie HIV care copiilor cu infecţie HIV intervievaţi/ Numărul adulţilor şi naţional administrativă (malul drept şi stîng), gen, 2-3 ani/ au primit suport soci- HIV care au primit copiilor cu infecţie HIV înregistraţi şi grup de vîrstă, calea pro- anual al pe durata ultimului suport social pe durata eligibili pentru suport social pe durata babilă de transmitere an ultimului an ultimului an % adulţilor şi copi- Numărul adulţilor şi Numărul adulţilor şi copiilor cu infecţie Indicator Studiu/statistică Dezagregare după regiune Centrul O dată la - 10% ilor cu infecţie HIV copiilor cu infecţie HIV intervievaţi/ Numărul adulţilor şi naţional administrativă (malul drept şi stîng), gen, Naţional 2-3 ani/ care au primit suport HIV care au primit copiilor cu infecţie HIV înregistraţi şi grup de vîrstă, calea pro- SIDA anual psihosocial pe durata suport psihosocial pe eligibili pentru suport psihosocial pe babilă de transmitere ultimului an durata ultimului an durata ultimului an % adulţilor şi copiilor Numărul adulţilor şi Numărul adulţilor şi copiilor cu infecţie Indicator Studiu/statistică Dezagregare după regiune Centrul O dată la 0% 10% cu infecţie HIV aco- copiilor cu infecţie HIV HIV intervievaţi/ Numărul adulţilor şi co- naţional administrativă (malul drept şi stîng), gen, Naţional 2-3 ani/ periţi cu serviciile de acoperiţi cu serviciile de piilor cu infecţie HIV înregistraţi şi eligibili grup de vîrstă, calea pro- SIDA anual management al cazului management al cazului pentru serviciile de management al cazului babilă de transmitere 3.4 Coordonarea şi implementarea răspunsului naţional Indicatori de rezultat Indicator Mod de calcul Ghid Sursa de date Dezagredare Instituţia Frecvenţa Valoarea Valoarea internaţional responsabilă raportării de bază scontată (2015) 1 2 3 4 5 6 7 8 9 Indicele compus al politici- Instrumentul de măsurare a Indicelui Indictaor Interviuri cu informanto- - Evaluare externă Anual 18 20 lor naţionale compus al politicilor naţionale UNGASS # 2 rii-cheie
Indicatori de proces/produs 1 2 3 4 5 6 7 8 % resurselor publice în cheltuielile în HIV/SIDA Metodologia NASA Indictaor Ministerul Să- Anual UNGASS # 1 nătăţii Unitate de coordonare a implementării răspunsului naţi- - - - - - Secretariatul Anual onal cu funcţii atribuite prin documente normative naţi- CNC onale, funcţii care permit exercitarea coordonării imple- mentării multisectorale care îşi exercită pe deplin funcţiile Unitate de monitorizare şi evaluare a răspunsului naţional - - - - - Secretariatul Anual cu funcţii atribuite prin documente normative naţionale, CNC funcţii care permit exercitarea atribuţiilor multisectorale, care îşi exercită pe deplin funcţiile % şedinţe ale Consiliului Naţional de Coordonare desfă- Numărul de şedinţe Numărul de şedinţe - Statistică admi- Secretariatul Semestrial şurate din cele planificate ale CNC efectuate ale CNC planificate nistrativă CNC % rapoarte de monitorizare şi evaluare a produselor pla- Numărul de rapoar- Numărul de rapoarte - Statistică admi- - Centrul Naţio- Anual nificate te de monitorizare şi de monitorizare şi nistrativă nal SIDA evaluare elaborate evaluare planificate % şedinţe a GTL per fiecare grup în parte desfăşurate din Numărul de şedinţe Numărul de şedinţe - Statistică admi- Dezagregare Secretariatul Semestrial cele planificate ale GTL efectuate ale GTL planificate nistrativă după GTL CNC % studii/cercetări desfăşurate din cele planificate Numărul de studii/ Numărul de studii/ - Statistică admi- - Centrul Naţio- Anual cercetări efectuate cercetări planificate nistrativă nal SIDA
319 Acte normative actualizate Tabelul 2
320 Rolurile instituţiilor abilitate în cadrul monitorizării şi evaluării Programului Instituţia abilitată Frecvenţa Comentarii raportării
PREVENIRE Centru Naţional de Sănătate Publică Semestrial Date agregate pentru centrele teritoriale de sănătate publică, validate şi introduse în SIDATA Centrul de profilaxie şi combatere SIDA Trimestrial Date agregate introduse în SIDATA. Validarea datelor per sector tematic al Programului Ministerul Educaţiei Semestrial Date agregate pentru instituţiile de învăţămînt şi ONG-uri, validate şi introduse în SIDATA Ministerul Tineretului şi Sportului Anual Date agregate de la autorităţile administraţiei publice centrale, pe activităţi întreprinse de specia- lişti tineret şi ONG, validate şi introduse în SIDATA Instituţii medico-sanitare publice (CTV) Trimestrial Date pe caz consiliat, sistem automatizat CTV Instituţia medico-sanitară publică Dispensarul dermato-venerologic Trimestrial Date pe caz depistat, agregate şi codificate în sistemul automatizat SIME-ITS la nivel de DDVR. republican (ITS) Validare şi introducere în SIDATA Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Reţele umbrelă de ONG-uri Trimestrial Date agregate de la ONG-uri şi instituţii publice implementatoare, validate şi introduse în SIDATA ONG “Centrul Naţional de Resurse pentru Tineri” Trimestrial Date agregate de la centrele raionale şi locale de resurse pentru tineri, introduse în SIDATA. Vali- dare – Ministerul Tineretului şi Sportului Departamentul Instituţii Penitenciare (RR şi CTV) Trimestrial Date agregate, validate şi introduse în SIDATA Instituţia medico-sanitară publică, Dispensarul Narcologic Republican Trimestrial Date agregate de la servicii narcologice teritoriale, validate şi introduse în SIDATA Centrul SIDA Tiraspol Trimestrial Date agregate pentru regiune Centrul Naţional de Transfuzie a Sîngelui Trimestrial Date agregate, validate şi introduse în SIDATA Centrul de Sănătate Prietenos Tinerilor “Neovita” Trimestrial Date agregate de la centrele de sănătate prietenoase tinerilor raionale, validate şi introduse în SI- DATA Centrul Naţional de Sănătate a Reproducerii şi Genetică Medicală Semestrial Date agregate de la cabinetele raionale de sănătate a reproducerii Patronate, sindicate şi sector privat Semestrial Date raportate Ministerului Muncii, Protecţiei Sociale şi Familiei, responsabil pentru agregare şi introducere în SIDATA ONG-uri Trimestrial Date raportate reţelei umbrelă respective, responsabile pentru agregare şi introducere în SIDATA Sector religios Trimestrial Date raportate reţelei umbrelă respective, responsabile pentru agregare şi introducere în SIDATA Donatori Semestrial Informaţie pe tipuri de asistenţă şi implementatori
TRATAMENT ŞI ÎNGRIJIRE Centre regionale de tratament ARV Trimestrial Management clinic al cazului; date codificate introduse în SIME-HIV Instituţia medico-sanitară publică Spitalul Clinic Republican de Boli Trimestrial Date agregate privind tratamentul ARV parvenite din SIME-HIV, introduse în SIDATA. Date ad- Infecţioase “Toma Ciorbă” (tratament ARV şi paliativ în condiţii de ministrative privind tratament paliativ din staţionar, introduse în SIDATA. Centru de profilaxie şi staţionar) combatere SIDA – responsabil de validare Centrul SIDA Tiraspol (tratament) Trimestrial Date agregate de la infecţionişti ONG-uri Trimestrial Date privind serviciile de îngrijiri paliative prestate de centre sociale şi ONG-uri, introduse în SI- DATA. Validarea de către reţelele umbrelă ale ONG-urilor
MITIGARE ŞI SUPORT SOCIAL Ministerul Muncii, Protecţiei Sociale şi Familiei Semestrial Date agregate de la instituţiile afiliate (verticale neautomatizate şi automatizate) şi ONG-uri, vali- date şi introduse în SIDATA Consiliul Republican de Expertiză Medicală a Vitalităţii Semestrial Date agregate în softul informaţional pentru serviciul de evidenţă a persoanelor infectate şi afecta- te de HIV încadrate în sistemul de protecţie socială Fondul republican de susţinere socială a populaţiei Semestrial Date agregate în softul informaţional pentru serviciul de evidenţă a persoanelor infectate şi afecta- te de HIV încadrate în sistemul de protecţie socială Casa Naţională de Asigurări Sociale Semestrial Date agregate în softul informaţional pentru serviciul de evidenţă a persoanelor infectate şi afecta- te de HIV încadrate în sistemul de protecţie socială
MEDIU ABILITANT Secretariatul CNC Trimestrial Date agregate, introduse în SIDATA. Validare – Centrul Naţional SIDA Secretariatele reţelelor Trimestrial Date agregate, introduse în SIDATA. Validare – Centrul Naţional SIDA ONG-uri Trimestrial Date transmise ONG reţele sau introduse direct în SIDATA Centrul de profilaxie şi control SIDA Trimestrial Date referitor la implementarea Programului naţional, coordonarea şi consolidarea sistemului de monitorizare şi evaluare, introduse în SIDATA
321 Acte normative actualizate Anexa nr.3
322 la Programul naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015
Finanţarea Programului pe obiective specifice (pînă în 2015) lei Nr. Obiective Anul 1 Anul 2 Anul 3 Anul 4 Anul 5 Total Total Finanţare din bugetul public Finan- Finan- Finan- d/o 2011 2012 2013 2014 2015 % 2011 2012 2013 2014 2015 ţare din ţare din ţare din bugetul granturi proiecte public aprobate şi gran- total turi înain- tate spre finanţare I. Asigurarea acce- 43901696 43651277 46455117 43816064 44736512 222560666 20,7% 13130001 0 0 13721600 13721600 40573201 6326874 175660591 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
sului a cel puţin 10% din popu- laţia generală la servicii de pre- venire a infecţiei HIV şi ITS pînă în anul 2015 II. Asigurarea acce- 10254528 9372467 15989402 16856666 18754982 71228045 6,6% 0 0 0 0 0 0 11763174 59464870 sului a 60% din numărul estimat al grupurilor la risc sporit (LSC, BSB, UDI) la servicii de preve- nire pînă în anul 2015 III. Asigurarea a 9216000 9254400 9216000 9216000 9216000 46118400 4,3% 0 0 0 0 0 0 1907200 44211200 10% din popula- ţie cu prezerva- tive pînă în anul 2015 IV. Asigurarea cu 10632136 11052232 10948500 11188680 11573908 55395456 5,2% 10112000 0 0 10112000 10112000 30336000 1040256 24019200 tratament al ITS a 80% din paci- enţii diagnosti- caţi cu ITS pînă în anul 2015 V. Asigurarea acce- 4005402 4150400 4248064 4622848 4741632 21768346 2,0% 715520 715520 0 715520 715520 2862080 4100634 14805632 sului a cel puţin 95% din femeile însărcinate cu servicii de profi- laxie a transmi- terii de la mamă la făt, anual pînă în anul 2015 VI. Asigurarea secu- 19448320 19448320 19448320 19448320 19448320 97241600 9,1% 15321600 7182422 0 15321600 15321600 53147222 8087808 36006570 rităţii a 100% de probe de sînge destinat trans- fuziei VII. Asigurarea acce- 363520 128000 128000 358400 128000 1105920 0,1% 0 0 0 0 0 0 128000 977920 sului la profila- xie postcontact a persoanelor în situaţie de risc de infectare cu HIV VIII. Asigurarea cu 44184550 46458074 54831629 63698714 74664064 283837030 26,5% 9230080 14055808 995200 15777664 15777664 55836416 42717325 185283290 tratament ARV a 80% din nu- mărul estimat al persoanelor cu HIV şi bol- navilor de SIDA care necesită tratament pînă în anul 2015
323 Acte normative actualizate IX. Asigurarea cu 19659310 19068646 19096658 19071656 16965248 93861518 8,8% 5099699,2 5102950 0 5105958 5105920 20414528 12710400 60736590
324 îngrijiri şi su- port a 10% din numărul estimat al persoanelor cu HIV şi bol- navilor de SIDA pînă în anul 2015 X. Crearea pînă în 38491418 37695232 46089600 38282291 18973005 179531546 16,7% 0 0 0 0 0 0 81105498 98426048 2015 a unui sis- tem eficient de management al programului TOTAL 200156879 200279048 226451290 226559638 219201672 1072648526 100,0% 53608900 27056700 995200 60754342 60754304 203169446 169887168 699591911 TOTAL, % 100,0% 18,9% 15,8% 65,2% __________ Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Hotărîrile Guvernului 1143/16.12.2010 Hotărîre privind aprobarea Programului naţional de prevenire şi control al infecţiei HIV/SIDA şi infecţiilor cu transmitere sexuală pentru anii 2011-2015 //Monitorul Oficial 254-256/1286, 24.12.2010 Acte normative actualizate
30. HOTĂRÎRE pentru aprobarea Standardelor minime de calitate privind serviciile sociale prestate victimelor violenţei în familie nr. 1200 din 23.12.2010 Monitorul Oficial nr.259-263/1320 din 31.12.2010
*** În scopul implementării art.12 alin.(2) lit.b) din Legea asistenţei sociale nr.547-XV din 25 decembrie 2003 (Monitorul Oficial al Republicii Moldova, 2004, nr.42-44, art.249), cu modificările şi completările ulterioare, precum şi art.10 alin.(9) din Legea nr.45-XVI din 1 martie 2007 cu privire la prevenirea şi combaterea violenţei în familie (Monitorul Oficial al Republicii Moldova, 2008, nr.55-56, art.178), cu modificările şi completările ulterioare, Guvernul
HOTĂRĂŞTE:
1. Se aprobă Standardele minime de calitate privind serviciile sociale prestate victimelor violenţei în familie (se anexează). 2. Implementarea Standardelor minime de calitate privind serviciile sociale prestate victimelor violenţei în familie se efectuează de către prestatorii de servicii sociale în limitele alocaţiilor prevăzute în bugetele respecti- ve, precum şi ale mijloacelor provenite din donaţii, granturi, alte surse, conform legislaţiei în vigoare. 3. Controlul asupra executării prezentei hotărîri se pune în sarcina Ministerului Muncii, Protecţiei Sociale şi Familiei.
PRIM-MINISTRU Vladimir FILAT
Contrasemnează: Ministrul muncii, protecţiei sociale şi familiei Valentina Buliga Ministrul finanţelor Veaceslav Negruţa
Chişinău, 23 decembrie 2010. Nr.1200.
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Aprobat prin Hotărîrea Guvernului nr.1200 din 23 decembrie 2010
STANDARDE MINIME DE CALITATE privind serviciile sociale prestate victimelor violenţei în familie
Secţiunea 1 Noţiuni generale
1. În sensul prezentelor Standarde minime de calitate pentru serviciile sociale prestate victimelor violenţei în familie (în continuare – Standardele minime), noţiunile utilizate se definesc după cum urmează: beneficiari de servicii – beneficiari ai serviciilor oferite de Centru sînt victimele violenţei în familie: femei, bărbaţi şi cupluri mamă-copil/copii, tată-copil/copii; situaţii critice – totalitatea circumstanţelor psihosociale şi fizice care prezintă un pericol iminent pentru viaţa şi integritatea fiziologică şi psihosocială a persoanei, necesitînd intervenţie în regim de urgenţă; plan individualizat de asistenţă – document care stabileşte obiectivele pe termen scurt, mediu sau lung, precizînd modalităţile de intervenţie şi sprijin pentru victimele violenţei în familie, prin care se realizează acti- vităţile şi serviciile adecvate cazului. 2. Centrul oferă beneficiarilor în mod gratuit servicii sociale specializate şi răspunde la nevoile specifice şi reale ale fiecărei persoane asistate: a) asigură primirea, protecţia şi plasamentul victimelor violenţei în familie; b) asigură servicii de igienă personală; c) oferă asistenţă juridică, socială, psihologică şi medicală de urgenţă; d) acordă suport informaţional pentru găsirea unei locuinţe, a unei instituţii preşcolare sau preuniversitare; e) acordă educaţie nonformală în vederea asimilării cunoştinţelor şi formării deprinderilor necesare inte- grării sociale; f) promovează socializarea şi dezvoltarea relaţiilor cu comunitatea şi/sau familia; g) facilitează accesul şi informează beneficiarul despre sistemul de protecţie socială; h) elaborează, în comun cu beneficiarul, planul individualizat de asistenţă împotriva oricărei forme de inti- midare, discriminare, abuz şi exploatare; i) sprijină cuplul părinte-copil/copii în vederea dezvoltării autonomiei care ar favoriza reintegrarea acestuia în familie şi/sau comunitate; j) monitorizează situaţia postintegratoare a beneficiarilor în familie şi în comunitate. 3. Serviciile oferite în cadrul Centrului reflectă prevederile Convenţiei ONU asupra eliminării tuturor for- melor de discriminare faţă de femei, ratificate prin Hotărîrea Parlamentului nr.87-XIII din 28 aprilie 1994, precum şi ale altor convenţii referitoare la drepturile omului la care Republica Moldova este parte. 4. Drepturile fiecărui beneficiar sînt recunoscute, respectate şi promovate. 5. Asistentul social coordonator de caz din cadrul Centrului elaborează pentru fiecare beneficiar un plan individualizat de asistenţă, în baza căruia i se oferă servicii de calitate. 6. Personalul Centrului asigură beneficiarilor relaţii de parteneriat bazate pe sinceritate, onestitate şi atitu- dine pozitivă. 7. Drepturile beneficiarilor la intimitate şi la viaţă privată sînt respectate cu stricteţe. 8. Datele cu privire la beneficiarii Centrului sînt confidenţiale.
326 Acte normative actualizate
Principii de prestare a serviciilor sociale în cadrul Centrului – Standardul I
9. Scopul activităţii Centrului derivă din principiile fundamentale care determină aspectele funcţionării acestuia. Aceste principii sînt următoarele: a) respectarea şi promovarea drepturilor, intereselor şi demnităţii persoanelor asistate – adoptarea unei po- litici clare de condamnare a violenţei în familie în toate formele sale. Victimele care se adresează la Centru nu trebuie să ofere probe ale violenţei la care au fost supuse. Este important să li se acorde încredere şi să fie tratate fără idei preconcepute; b) asigurarea accesului la servicii de calitate – profesionalismul este o condiţie prealabilă pentru punerea în apli- care integrală a principiilor. Personalul trebuie să fie instruit adecvat. Se vor elabora dispoziţii corespunzătoare pentru formarea continuă a personalului. Numărul de angajaţi trebuie să corespundă numărului de beneficiari, pentru a li se oferi sprijinul şi serviciile necesare. În prestarea serviciilor personalul Centrului este asistat de către voluntari. Re- sursele financiare trebuie să fie gestionate în mod economic şi eficient. Serviciile prestate de Centru vor fi verificate prin inspecţii ale calităţii; c) nondiscriminarea – centrul trebuie să fie deschis pentru toate victimele, indiferent de rasă, culoare, sex, religie, opinie politică, naţionalitate, apartenenţă etnică şi socială, stare civilă, dizabilitate, statut HIV etc.; d) asigurarea confidenţialităţii şi eticii profesionale – pentru a proteja drepturile beneficiarilor şi integritatea lor, este necesar ca aceştia să fie în drept să decidă care informaţie poate fi divulgată. Prin urmare, nici o infor- maţie nu ar trebui să fie transmisă în exterior de către personalul Centrului fără consimţămîntul beneficiarului. Excepţie fac cazurile în care viaţa şi sănătatea beneficiarului sînt în pericol (de exemplu, tentative de sinucidere, pericol acut din partea partenerului violent sau abuzarea copiilor de către beneficiari). Beneficiarii trebuie să aibă, de asemenea, dreptul de a primi consiliere şi sprijin, fără a dezvălui identitatea lor; e) respectarea opiniei persoanei asistate (adult sau copil) – este important să se respecte dreptul beneficiaru- lui de a decide cu privire la viaţa sa. Specialiştii de resort nu trebuie să exercite presiuni asupra beneficiarului în luarea deciziei. Este important ca victima să conştientizeze că numai ea este în situaţia de a decide şi că decizia ei va fi respectată. Scopul unei intervenţii este de a pune capăt violenţei, nu de a pune capăt relaţiei; f) interdisciplinaritate şi multidisciplinaritate – protecţia şi asistenţa în cadrul Centrului se realizează de către o echipă profesionistă, care are sarcini şi responsabilităţi partajate. Cazurile se soluţionează prin procedura referirii, în baza unei abordări multidisciplinare, cu implicarea, în caz de necesitate, a specialiştilor din afara Centrului; g) deschidere către comunitate – acesta se referă la relaţia cu publicul prin intermediul campaniilor de sensibilizare, în scopul creării şi influenţării discursului public, comunicării şi percepţiei violenţei în familie şi existenţei centrelor. Violenţa în familie continuă să fie un subiect tabu în multe ţări, de aceea campaniile in- formaţionale iniţiate şi gestionate de către centre joacă un rol de promotor al drepturilor omului şi au impact educativ în ceea ce priveşte comportamentul nonviolent. 10. Centrul colaborează cu autorităţile administraţiei publice locale din unitatea administrativ-teritorială în care funcţionează, precum şi cu Ministerul Muncii, Protecţiei Sociale şi Familiei, prezentîndu-le informaţii cu privire la activitatea desfăşurată, în mod regulamentar şi/sau la solicitare, dar nu mai rar decît o dată în an. 11. Fondatorul aprobă Regulamentul intern de organizare şi funcţionare, în baza Regulamentului-cadru de organizare şi funcţionare a centrelor de reabilitare a victimelor violenţei în familie, aprobat prin Hotărîrea Guvernului nr.129 din 22 februarie 2010, care stipulează obiectivele, activităţile şi serviciile oferite, modul de organizare internă a spaţiilor Centrului, drepturile şi responsabilităţile angajaţilor şi ale beneficiarilor, resursele umane şi managementul Centrului. 12. Administraţia Centrului asigură familiarizarea personalului Centrului şi a beneficiarilor cu prevederile Regulamentului de organizare şi funcţionare. 13. Organizarea spaţiului şi a activităţilor oferite de Centru are la bază modelul familial.
Amplasarea şi amenajarea interioară – Standardul II
14. În scopul garantării siguranţei şi securităţii beneficiarilor, amplasarea Centrelor nou-înfiinţate nu va fi cunoscută publicului larg. Centrele existente, a căror locaţie este cunoscută la data intrării în vigoare a prezen- telor Standarde, vor funcţiona în continuare.
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15. Centrul este amplasat în localităţile în care este asigurat accesul la mijloacele de transport, care permit organizarea activităţilor în exterior şi accesarea diferitelor servicii comunitare: sociale, juridice, medicale, edu- caţionale, profesionale, culturale, de petrecere a timpului liber etc. 16. Centrul funcţionează conform regulilor şi normativelor în vigoare aprobate de Ministerul Sănătăţii. 17. Centrul poate fi plasat într-un edificiu propriu sau în sediile unor instituţii sociale. Nu se permite am- plasarea în subsoluri, încăperi fără iluminare naturală sau umede. 18. Centrul trebuie să dispună de încăperi destinate procesului instructiv-educativ, a căror suprafaţă cores- punde normelor sanitare în vigoare. 19. Centrul trebuie să fie asigurat cu apeduct, canalizare, încălzire, energie electrică, gaze naturale (după caz), sisteme de ventilare, iluminare naturală şi să dispună de autorizaţiile de funcţionare prevăzute de legislaţie.
Beneficiarii Centrului – Standardul III
20. Centrul este organizat în corespundere cu necesităţile specifice ale beneficiarilor şi dezvoltă servicii specializate pentru protecţia şi asistenţa victimelor violenţei în familie, constituindu-se după criteriul de sex al beneficiarilor (centre pentru femei şi centre pentru bărbaţi). 21. Beneficiari ai Centrului sînt: a) femeile victime ale violenţei în familie; b) bărbaţii victime ale violenţei în familie; c) cuplurile mamă-copil, victime ale violenţei în familie; d) cuplurile tată-copil, victime ale violenţei în familie.
Secţiunea 2 Admiterea şi plasamentul în Centru. Admiterea beneficiarului în Centru – Standardul IV
22. Admiterea în Centru a victimelor violenţei în familie se efectuează respectîndu-se principiul nondiscri- minării. 23. Procedura de admitere în Centru: a) admiterea în Centru se realizează la prezentarea dosarului personal al beneficiarului de către organul teritorial de asistenţă socială, organul afacerilor interne. Se permite referirea acestuia de către alte autorităţi ale administraţiei publice locale, alte instituţii abilitate; b) în cazuri de urgenţă se efectuează primirea beneficiarului în orice moment. 24. În situaţiile în care le sînt semnalate cazuri de violenţă în familie, centrele colaborează cu organele teri- toriale de poliţie, conform legislaţiei în vigoare. 25. În cazul plasării cuplurilor părinte-copil/copii, managerul Centrului este obligat să informeze imediat autoritatea tutelară teritorială. 26. Nu se admite plasarea persoanelor cu forme active de infecţii (tuberculoză, malarie, boli infecţioase in- testinale şi alte maladii contagioase) ce pot pune în pericol sănătatea beneficiarilor şi a personalului centrului. 27. Nu se admit în Centru persoanele date în căutare de către organele de drept pentru comiterea faptelor penale sau cele care încearcă să se ascundă de justiţie. 28. Nu se admit în Centru persoanele aflate în stare de ebrietate alcoolică sau narcotică. Nu vor beneficia de asistenţă persoanele care, în timpul aflării în Centru, consumă substanţe narcotice şi băuturi alcoolice. 29. Persoanele cu handicap fizic sau mintal vor fi admise în Centru la decizia coordonatorului de caz şi a managerului Centrului, numai după o evaluare preliminară şi doar în cazul în care condiţiile existente cores- pund necesităţilor specifice de îngrijire. 30. Beneficiarii de servicii sînt informaţi despre drepturile şi obligaţiile ce le revin pe toată durata plasa- mentului. 31. La admiterea în Centru beneficiarul semnează cu administraţia Centrului un contract de rezidenţă (conform anexei nr.1 la prezentele Standarde).
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32. Contractul se întocmeşte de către reprezentantul administraţiei şi beneficiar, la momentul admiterii beneficiarului în Centru, conform modelului contractului de rezidenţă. Administraţia Centrului poate elabora, în baza modelului contractului de rezidenţă anexat, propriul contract de rezidenţă, cu respectarea principiului libertăţii contractuale a părţilor. 33. Evaluarea complexă a beneficiarului se realizează de către coordonatorul de caz desemnat, în comun cu asistentul social comunitar. Planul individualizat de asistenţă se revizuieşte lunar sau ori de cîte ori este necesar, pentru a fi adaptat la nevoile sociale nou-apărute. 34. Pentru fiecare beneficiar al Centrului se va întocmi un dosar personal, care va cuprinde date personale, date despre familie, studii şi calificare, fişa medicală, alte acte necesare şi utile pentru fiecare caz în parte, o an- chetă socială care să evidenţieze cauzele situaţiei de risc social, planul individualizat de asistenţă. 35. La admiterea beneficiarului în Centru, coordonatorul completează fişa de înregistrare primară a cazului (conform anexei nr.2 la prezentele Standarde).
Plasamentul beneficiarului în Centru – Standardul V
36. Centrul asigură beneficiarilor plasament temporar şi asistenţă specializată. 37. Pe parcursul plasamentului beneficiarului, asistenţa specializată va include gama serviciilor specificate în punctul 8 din Regulamentul-cadru de organizare şi funcţionare a centrelor de reabilitare a victimelor violen- ţei în familie, aprobat prin Hotărîrea Guvernului nr.129 din 22 februarie 2010. 38. Asistenţa beneficiarului se realizează în baza planului individualizat de asistenţă, care stabileşte modalităţi- le de intervenţie şi sprijin pentru victima violenţei în familie, identificînd activităţile şi serviciile adecvate cazului. 39. Plasamentul beneficiarului în Centru include: a) perfectarea şi actualizarea dosarului beneficiarului de către coordonatorul de caz în parteneriat cu orga- nul teritorial de asistenţă socială; b) evaluarea complexă a necesităţilor beneficiarului; c) elaborarea, în termen de 15 zile de la admiterea beneficiarului în Centru, a planului individualizat de asistenţă (conform documentului “Managementul de caz – ghidul asistentului social”, aprobat prin Ordinul ministrului muncii, protecţiei sociale şi familiei nr.71 din 3 octombrie 2008, anexa nr.4) de către coordonatorul de caz, cu participarea directă şi nemijlocită a beneficiarului; d) revizuirea planului individualizat de asistenţă lunar sau ori de cîte ori este necesar, pentru a fi adaptat la nevoile sociale nou-apărute; e) stabilirea în Plan a domeniilor de intervenţie, a activităţilor concrete şi a termenelor de realizare; f) coordonarea de către coordonatorul de caz a tuturor activităţilor specialiştilor, înregistrînd, cel puţin o dată la fiecare două săptămîni, evoluţia cazului, în baza rapoartelor specialiştilor; g) reevaluarea lunară de către coordonatorul de caz, în comun cu asistentul social comunitar, a planului individualizat de asistenţă şi urmărirea eficienţei activităţilor planificate; fixarea concluziilor reevaluării în do- sarul beneficiarului; h) familiarizarea beneficiarului cu rezultatele reevaluării planului individualizat de asistenţă.
Secţiunea 3 Tipurile de servicii prestate în cadrul Centrului. Servicii de plasament în cadrul Centrului – Standardul VI
40. În cadrul Centrului beneficiarul dispune de condiţii de trai în siguranţă şi corespunzătoare necesităţilor acestuia. 41. La cererea scrisă a victimei, acesteia i se asigură protecţie împotriva agresorilor. 42. Dormitoarele trebuie să corespundă următoarelor cerinţe: a) beneficiarii sînt plasaţi în camere comune sau, în cazul cuplului părinte-copil/copii – individuale, utilate în conformitate cu necesităţile adultului şi ale copilului: mobilier, pat pentru adulţi, pătuţ pentru copil, noptieră, dulap pentru haine, scaun;
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b) camerele comune vor dispune de maximum 2 locuri cu un spaţiu de cel puţin 6 m2 pentru fiecare persoană, iar camerele pentru cuplul părinte-copil/copii – de maximum 4 locuri cu un spaţiu de cel puţin 20 m2; c) beneficiarul contribuie la amenajarea spaţiului prin individualizarea încăperii; d) prizele, geamurile, scările etc. sînt protejate pentru prevenirea unor eventuale accidente; e) lenjeria de pat se schimbă în funcţie de necesităţi, dar nu mai rar decît o dată la 7 zile; f) camerele sînt menţinute într-o stare corespunzătoare de curăţenie şi igienă; igienizarea zilnică este asigurată de beneficiar. 43. Centrul reprezintă un loc în care beneficiarii vin cu experienţe similare. Spaţiile comune sînt destinate petrecerii timpului liber şi organizării diferitelor activităţi, împărtăşirii experienţei trăite: a) spaţiul este dotat cu mobilă şi echipament pentru odihnă, jocuri, activităţi de socializare şi discuţii tema- tice în grup (fotolii, scaune, masă pentru reviste, materiale educative, echipament audio/video etc.); b) Centrul dispune şi de un spaţiu destinat petrecerii timpului liber al cuplului părinte-copil. 44. Centrul dispune de o cameră de vizită, care este dotată cu mobilier adecvat. 45. Spaţiile igienico-sanitare trebuie să corespundă următoarelor cerinţe: a) Centrul dispune de grupuri sanitare separate pentru personal, beneficiari şi vizitatori; b) numărul grupurilor sanitare se stabileşte în funcţie de numărul beneficiarilor (în raport de 1 la 4); c) Centrul este dotat cu un spaţiu special pentru păstrarea materialelor igienico-sanitare, inaccesibil copii- lor, şi o spălătorie pentru îmbrăcăminte, lenjerie de pat şi de corp; d) spălătoria este dotată cu maşini automate de spălat şi uscat, cu fier de călcat şi mese pentru netezit; e) fiecare beneficiar este responsabil de spălarea rufelor personale; f) grupurile sanitare sînt asigurate cu apă rece şi caldă permanent şi permit respectarea intimităţii benefi- ciarilor; g) grupurile sanitare sînt curăţate şi igienizate zilnic de către personalul de deservire. 46. Izolatorul trebuie să respecte următoarele cerinţe: a) Centrul dispune de spaţii speciale, amenajate în calitate de izolator, pentru evitarea unui eventual pericol de infectare a beneficiarilor; b) izolatorul este amplasat obligatoriu la parter, cu ieşire separată şi lavoar pentru necesităţile personalului; c) izolatorul este destinat pentru izolarea persoanelor ce manifestă semne de îmbolnăvire acută şi pentru plasarea beneficiarilor admişi în regim de urgenţă, în vederea igienizării, precum şi pentru izolare a acestora în perioada de examinare medicală; d) izolatorul constă din salon şi grup sanitar separat şi are în dotare: pat pentru mamă, pat pentru copii, scaun, noptieră, masă de înfăşat, coş pentru lenjeria murdară. 47. Bucătăria trebuie să satisfacă următoarele cerinţe: a) Centrul dispune de un spaţiu de producţie – bucătărie, în care se pregăteşte hrana, şi de un spaţiu de servi- re a mesei. La pregătirea hranei se vor folosi materii prime agroalimentare, inclusiv sub formă de semipreparate, curăţate, porţionate şi ambalate; b) spaţiile pentru prepararea şi servirea mesei corespund cerinţelor stipulate în regulile şi normativele sa- nitaro-igienice pentru unităţile de alimentaţie publică, aprobate prin Hotărîrea Guvernului nr.1209 din 8 noi- embrie 2007; c) la prepararea hranei se admit angajaţii Centrului cu pregătire profesională în acest domeniu, care deţin certificate medicale cu menţiunile respective privind controlul medical şi instruirea igienică; d) în cazul în care Centrul este parte a unei instituţii sociale, acesta beneficiază de serviciile bucătăriei instituţiei respective, autorizate sanitar, în conformitate cu prevederile legislaţiei în vigoare.
Servicii de sănătate în cadrul Centrului – Standardul VII 48. Centrul acordă următoarele servicii de sănătate: supraveghere medicală, asistenţă medicală de urgenţă şi promovarea modului sănătos de viaţă. 49. Fiecare beneficiar, la momentul admiterii în Centru, va fi consultat de personalul medical. 50. Serviciile de asistenţă medicală primară şi specializată, la necesitate, sînt oferite beneficiarilor de instituţiile medicale teritoriale, în corespundere cu prevederile actelor normative în vigoare.
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51. Centrul dispune de proceduri clare de acţiune în caz de accidente sau de îmbolnăviri. În cazul admiterii în regim de urgenţă, beneficiarul este plasat în centru prin izolator, unde are loc examinarea şi supravegherea medicală iniţială, efectuarea investigaţiilor necesare. 52. Centrul dispune de un cabinet medical pentru acordarea asistenţei medicale de urgenţă. Cabinetul me- dical este dotat cu mobilier (masă de birou, scaune, dulap pentru păstrarea medicamentelor), aparataj şi di- spozitive medicale (frigider, termometre, tonometru, fonendoscop, spatule de unică folosinţă, casolete, lampă de cuarţ etc.), set de medicamente şi instrumente pentru acordarea asistenţei medicale de urgenţă, preparate aseptice şi dezinfectante, ustensile pentru dereticare şi curăţenie generală. 53. Centrul dispune de personal medical (medic sau asistentă medicală), care oferă asistenţă medicală de tip profilactic, asistenţă medicală copiilor bolnavi şi primul ajutor în situaţii de urgenţă. 54. Datele de contact ale personalului medical sînt afişate la loc vizibil şi accesibil pentru beneficiari. 55. Centrul dispune de proceduri clare pentru înregistrarea, depozitarea, distribuirea şi administrarea me- dicamentelor, precum şi pentru gestionarea deşeurilor medicale. 56. Primul ajutor în situaţii de urgenţă: a) personalul centrului acordă primul ajutor în caz de urgenţă; b) asistenţa medicală de urgenţă, în caz de necesitate, se acordă de serviciile de urgenţă.
Servicii psihosociale în cadrul Centrului – Standardul VIII
57. Serviciile psihosociale se organizează într-un spaţiu securizat cu destinaţie specială, amenajat conforta- bil, pentru a încuraja discuţiile dintre beneficiari şi personalul Centrului. 58. Serviciile psihosociale sînt oferite de psiholog/asistent social/psihopedagog şi includ consilierea psihologică, sprijinul psihologic şi suportul social acordat victimelor violenţei în familie, în scopul reabilitării psihologice şi depăşirii situaţiei de criză. 59. Sesiunile de consiliere se desfăşoară respectîndu-se intimitatea beneficiarului, pentru a i se asigura con- fort şi încredere. 60. În funcţie de necesitate, beneficiarii pot apela la servicii de consiliere individuală şi de grup. 61. Sesiunile de consiliere se desfăşoară în baza unor obiective clare, stabilite în comun cu beneficiarii. 62. Conţinutul sesiunilor este înregistrat/consemnat în fişa de observaţie (conform anexei nr.3 la prezentele Standarde), împreună cu propuneri/recomandări pentru următoarele sesiuni. Fişele sînt anexate la dosarul beneficiarului. 63. Sesiunile individuale sînt de tip suportiv, terapeutic şi educativ, iar cele de grup sînt determinate de for- ma grupului: suport, grup de discuţii etc. 64. Sesiunile de consiliere au la bază principiul reabilitării psihologice a victimei violenţei în familie şi urmăresc depăşirea situaţiei de criză şi formarea următoarelor cunoştinţe, deprinderi şi abilităţi: a) cultivarea încrederii în sine şi în alte persoane; b) formarea deprinderii sociale; c) dezvoltarea capacităţii de a lua decizii; d) obţinerea de informaţii privind serviciile sociale şi de plasare în cîmpul muncii; e) dezvoltarea abilităţilor privind gestionarea timpului, a banilor şi depăşirea crizelor.
Servicii de consiliere juridică în cadrul Centrului – Standardul IX
65. Serviciile de consiliere juridică se organizează într-un spaţiu securizat cu destinaţie specială, amenajat confortabil, pentru a încuraja discuţiile dintre beneficiari şi personalul Centrului. 66. Serviciile de consiliere juridică sînt oferite de jurist şi includ consilierea juridică în următoarele domenii: legislaţia specifică privind protecţia imediată sau de lungă durată în cazurile de violenţă în familie, drepturile victimei, suport în obţinerea ordonanţei de protecţie, legislaţia privind actul de căsătorie şi divorţ, drepturile părinteşti, legislaţia privind migraţia, legislaţia penală, prevederile cu privire la asigurarea medicală şi socială, suport în vederea găsirii unui avocat, în caz de necesitate, şi sprijin în vederea perfectării actelor juridice.
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Servicii de reintegrare în familie şi/sau în comunitate – Standardul X 67. Centrul acordă servicii de reintegrare în familie şi/sau în comunitate a victimelor violenţei în familie. Toate activităţile desfăşurate în Centru au în vedere caracterul temporar al plasamentului şi se orientează spre identificarea unei soluţii durabile de reintegrare în familie şi/sau în comunitate. 68. Posibilităţile de reintegrare în familie şi/sau în comunitate a beneficiarului sînt studiate şi analizate de specialiştii Centrului din momentul plasamentului acestuia. 69. Beneficiarul este considerat un partener activ, implicat în procesul de reintegrare în familie şi/sau în comunitate. 70. Coordonatorul de caz organizează vizite şi întîlniri cu familia biologică şi/sau extinsă, cu potenţialii an- gajatori sau cu alte persoane, pentru evaluarea posibilităţilor de integrare socio-familială (conform documen- tului “Managementul de caz – ghidul asistentului social”, aprobat prin Ordinul ministrului muncii, protecţiei sociale şi familiei nr.71 din 3 octombrie 2008, anexa nr.3). 71. Serviciile de reintegrare în familie şi/sau în comunitate includ aspecte legate de realizarea măsurilor necesare pentru stabilirea relaţiilor cu: a) familia biologică sau extinsă; b) angajatorii – în vederea încadrării în cîmpul muncii, urmarea cursurilor de (re)calificare profesională; c) instituţiile de învăţămînt – pentru continuarea studiilor beneficiarului şi ale copiilor acestuia, după caz; d) autorităţile administraţiei publice locale – în vederea găsirii unui loc permanent de trai după ieşirea din Centru; e) alte instituţii care oferă servicii relevante soluţionării cazului. 72. Centrul deţine informaţii cu privire la oferta de pe piaţa muncii, în baza datelor oferite de agenţiile teri- toriale pentru ocuparea forţei de muncă, precum şi în baza unor acorduri de colaborare cu instituţiile interesate. 73. Coordonatorul de caz asistă beneficiarul la ieşirea din Centru.
Încetarea plasamentului în Centru. Servicii de monitorizare – Standardul XI 74. Reintegrarea beneficiarului în familie şi/sau în comunitate constituie scopul de bază al activităţilor in- cluse în planul individualizat de asistenţă. 75. Beneficiarul este pregătit de către specialiştii Centrului pentru ieşirea din Centru. 76. În perioada de pregătire a reintegrării în familie şi/sau în comunitate a beneficiarului, coordonatorul de caz: a) realizează evaluarea finală a necesităţilor beneficiarului; b) efectuează vizite în comunitatea/familia în care urmează a fi reintegrat beneficiarul; c) asigură implicarea autorităţilor administraţiei publice locale, în special a serviciului de asistenţă socială comunitară, în procesul de reintegrare a beneficiarului; d) asigură referirea beneficiarului la serviciile sociale existente în comunitatea în care urmează a fi reintegrat; e) îndeplineşte formalităţile administrative şi legale necesare pentru ieşirea beneficiarului din Centru. 77. Coordonatorul de caz, cu cel puţin două săptămîni înainte de ieşirea beneficiarului din Centru, contac- tează serviciul de asistenţă socială comunitară, informîndu-l despre situaţia beneficiarului şi preluarea moni- torizării cazului. 78. După părăsirea Centrului, beneficiarul poate accesa servicii postrezidenţiale de acompaniere şi consili- ere pe o perioadă de cel puţin 3 luni. 79. Rezultatele monitorizării sînt înregistrate în fişele de monitorizare post(re)integrare, care se anexează la dosar (conform anexei nr.4 la prezentele Standarde). Fişa se completează de către asistentul social coordonator de caz, în comun cu reprezentanţii autorităţii administraţiei publice locale. Datele personale colectate care se referă la categorii speciale vor fi utilizate ţinîndu-se cont de prevederile Legii nr.17-XVI din 15 februarie 2007 cu privire la protecţia datelor cu caracter personal. 80. Încetarea bruscă a rezidenţei beneficiarului, ca urmare a rezilierii contractului de rezidenţă, poate avea loc în cazurile încălcării repetate de către beneficiar a Regulamentului de ordine interioară al Centrului sau aducerii unor prejudicii altor beneficiari, personalului sau bunurilor Centrului.
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Secţiunea 4 Managementul Centrului – Standardul XII
81. Managerul Centrului este responsabil de calitatea serviciilor prestate beneficiarilor. 82. Managerul aplică proceduri clare: a) de evaluare şi de monitorizare a activităţilor desfăşurate; b) de selectare, de evaluare, de formare, de atestare şi de sprijinire a personalului; c) de ţinere a contabilităţii şi de raportare financiară; d) de transmitere a informaţiilor în interiorul şi în afara instituţiei. Informaţiile obţinute sînt considerate confidenţiale şi pot fi transmise în afara instituţiei numai cu acordul expres al beneficiarului. Excepţii constituie cazurile de pericol pentru viaţa sau sănătatea beneficiarilor sau cazurile în care nedivulgarea acestor informaţii poate fi dezavantajoasă pentru aceştia. 83. Specialiştii Centrului trebuie să dispună de pregătirea şi competenţele profesionale corespunzătoare pentru a lucra cu victimele violenţei în familie, familiile acestora, comunitatea, autorităţile administraţiei publi- ce locale, alţi prestatori de servicii etc. 84. Pentru specialiştii Centrului se întocmesc şi se aprobă fişe de post, care includ: a) atribuţiile; b) responsabilităţile; c) drepturile; d) studiile/calificarea necesare pentru ocuparea postului respectiv; e) experienţa şi vechimea în muncă; f) relaţiile de subordonare şi modalităţile de comunicare pe verticală şi orizontală; g) atribuţiile concrete faţă de beneficiari şi faţă de ceilalţi angajaţi ai Centrului. 85. Centrul dispune de proceduri clare privind situaţiile care necesită înlocuirea în regim de urgenţă a unui specialist. 86. Centrul dispune de spaţii special amenajate (sigure şi închise) pentru depozitarea dosarelor beneficia- rilor de servicii. 87. Responsabilitatea pentru completarea dosarelor beneficiarilor de servicii, precum şi pentru arhivarea acestora revine coordonatorului de caz. 88. Informaţiile cuprinse în dosar sînt confidenţiale. 89. Informaţiile despre beneficiar sînt difuzate numai cu acordul scris al acestuia. Acordul scris se anexează la dosarul beneficiarului. 90. Dosarele arhivate ale beneficiarilor se păstrează pe termen nelimitat.
Managementul resurselor umane – Standardul XIII
91. Centrul dispune de o organigramă de personal dimensionată şi structurată în funcţie de mărimea insti- tuţiei şi de nevoile beneficiarilor. 92. Personalul Centrului este angajat prin concurs, conform legislaţiei, nefiind admisă angajarea persoane- lor fără pregătirea şi calificarea corespunzătoare. 93. Personalul Centrului este constituit din: personal administrativ, personal de asistenţă socială, psihologi- că, juridică, pedagogică, medicală şi personal auxiliar. 94. Centrul este condus de un manager cu studii superioare în domeniu şi experienţă profesională de mini- mum 5 ani şi de un manager adjunct. Managerul poate cumula o altă funcţie curentă (în domeniul pedagogiei, psihologiei, dreptului, asistenţei sociale, medicinii, psihopedagogiei etc.). 95. Rata de încadrare (numărul de posturi în raport cu numărul de beneficiari de servicii) este calculată în funcţie de caracteristicile şi nevoile beneficiarilor Centrului, precum şi de capacitatea totală a instituţiei. 96. Asigurarea securităţii reprezintă o responsabilitate de bază a managerului Centrului. Beneficiarii nece- sită un loc sigur, unde să fie protejaţi împotriva comportamentului violent al agresorului. Totodată, securitatea trebuie să fie asigurată şi personalului Centrului, care de asemenea este supus unui risc major din partea agre-
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sorilor. Pentru asigurarea protecţiei fizice a beneficiarilor şi a securităţii instituţiei, managerul încheie acorduri de colaborare cu organele teritoriale de poliţie.
Formarea personalului – Standardul XIV 97. Personalul Centrului beneficiază de formare iniţială de specialitate. 98. La etapa de angajare, personalul urmează programe de formare specifică Centrului (reabilitarea victime- lor violenţei în familie, psihologia abuzului, metode de depăşire a situaţiilor de criză etc.). 99. Angajaţii Centrului beneficiază de posibilitatea de a urma programe de formare continuă cu o durată totală de cel puţin 40 ore anual. 100. Personalul participă la seminare, conferinţe naţionale şi internaţionale, sesiuni de comunicări ştiinţi- fice etc. 101. Voluntarii pot activa în Centru după ce urmează un program de formare de minim 12 ore cu privire la specificul muncii în astfel de instituţii. 102. În baza necesităţilor de formare profesională identificate, se elaborează planul de formare continuă a personalului Centrului. 103. Managerul Centrului este responsabil de elaborarea şi realizarea planului de formare continuă. 104. Personalul care activează în cadrul Centrului va fi supus examenului medical la fiecare 6 luni şi instru- irii igienice.
Supervizarea şi evaluarea personalului – Standardul XV 105. Centrul dispune de un sistem eficient de evaluare şi supervizare, specialiştii fiind supuşi evaluării obli- gatorii la momentul angajării şi evaluărilor anuale. 106. Centrul elaborează propriile grile de evaluare a personalului, în baza unor criterii precise. 107. Procesul de evaluare se bazează pe: a) rezultatele obţinute; b) atitudinea faţă de activităţile din cadrul Centrului; c) participarea la programe de formare profesională. 108. Sesiunile de evaluare şi supervizare au loc lunar, anual, precum şi ori de cîte ori este necesar. 109. Sesiunile de supervizare se desfăşoară individual şi în grup şi ţin de: a) anumite aspecte ale unor cazuri concrete; b) metodele aplicate; c) sarcinile specialistului; d) starea emoţională a specialistului; e) modalitatea de transmitere a experienţei, de discutare a cazurilor mai dificile; f) identificarea soluţiilor de consolidare a spiritului de echipă. 110. Sesiunile se desfăşoară planificat şi organizat, sînt limitate în timp şi au la bază obiective de evaluare/ supervizare concrete. 111. Sesiunile sînt protocolate, consemnîndu-se deciziile, responsabilii şi termenele de îndeplinire a deciziilor. 112. Managerul Centrului este responsabil de elaborarea planului sesiunilor de evaluare, supervizare şi de organizarea sesiunilor în cazuri de urgenţă. 113. Funcţia de supervizor poate fi îndeplinită de managerul Centrului sau de o persoană cu experienţă din afara Centrului.
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Protecţia împotriva abuzurilor din partea personalului – Standardul XVI
114. În perioada aflării în Centru, beneficiarii sînt încurajaţi să sesizeze orice formă de abuz din partea personalului, altor persoane din Centru şi din afara lui. 115. Managerul Centrului ia măsurile imediate de protecţie şi asistenţă necesare beneficiarului. Managerul Centrului aplică sancţiuni personalului care utilizează forme de abuz faţă de beneficiari. Situaţiile de abuz sînt consemnate în procese-verbale.
Reguli interne de trai – Standardul XVII
116. În momentul plasării beneficiarului în Centru, este necesar ca acestuia să i se aducă la cunoştinţă Re- gulile interne de trai în centru (în continuare – Reguli). 117. Regulile sînt întocmite în formă scrisă şi sînt accesibile publicului larg atît în limba de stat, cît şi în limba rusă. 118. Regulile trebuie să conţină informaţii cu privire la: a) structura şi principiile Centrului; b) serviciile oferite beneficiarilor; c) personalul Centrului; d) securitatea în Centru; e) ordinea de primire a vizitelor; f) responsabilitatea faţă de copii; g) drepturile beneficiarului; h) participarea la activităţi ce ţin de menaj, pregătirea hranei, spălat etc.; i) obligaţii şi responsabilităţi; j) persoana(e) de contact în caz de conflict sau plîngeri; k) participarea beneficiarului la procesul de luare a deciziilor în organizarea şi administrarea Centrului; l) ordinea de ieşire din Centru. 119. Regulile trebuie să fie clare şi pe înţelesul beneficiarului. Ele sînt obligatorii, dar în acelaşi timp dispun de un anumit grad de flexibilitate, pentru a putea fi modificate în funcţie de necesităţile beneficiarilor. Regulile care se referă la statutul instituţiei nu pot fi schimbate. 120. Regulile trebuie să conţină prevederi speciale ce vizează dreptul beneficiarului la autodeterminare în organizarea vieţii după ieşirea din Centru.
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Anexa nr.1 la Standardele minime de calitate privind serviciile sociale prestate victimelor violenţei în familie
MODEL DE CONTRACT DE REZIDENŢĂ Denumirea şi adresa Centrului ______________________________________________________________ _______________________________________________________________________________________
1. Data, luna, anul _____________________ încheierii contractului între prestatorul de servicii, denumit în continuare Centru, şi beneficiar _______________________________________________________________________________________ (numele, prenumele reprezentantului Centrului) _______________________________________________________________________________________ (funcţia) şi______________________________________________________________________________________ (numele beneficiarului) Vîrsta __________________________________________________________________________________ Viza de reşedinţă__________________________________________________________________________ Locul de trai_____________________________________________________________________________ Localitatea________________________str. ______________________________ nr.___________________
2. Scopul contractului : Realizarea obiectivelor stipulate în Planul individualizat de asistenţă (în continuare – Plan). Obiectul contractului îl constituie acordarea următoarelor servicii sociale: a) _____________________________________________________________________________________ b) _____________________________________________________________________________________ c) _____________________________________________________________________________________
3. Durata contractului: _______________________________________________________________________________________ (data, luna, anul, de la data de ___/pînă la data de___) Prezentul contract intră în vigoare la data semnării şi se încheie pe o perioadă de maximum 3 luni. 4. Drepturile şi obligaţiile părţilor: 4.1. Centrul are dreptul: a) să verifice veridicitatea informaţiilor primite de la beneficiarul de servicii; b) să sisteze acordarea serviciilor sociale către beneficiar în cazul în care constată că acesta nu îşi onorează obligaţiile prevăzute în prezentul contract. 4.2. Centrul de reabilitare este obligat: a) să acorde serviciile prevăzute în Plan; b) să ţină cont de eforturile beneficiarului pentru îndeplinirea obligaţiilor contractuale; c) să asigure siguranţa şi întreţinerea beneficiarului; d) să reevalueze periodic situaţia beneficiarului, în parteneriat cu familia, organul teritorial de asistenţă socială şi după caz, să revizuiască Planul în interesul beneficiarului; e) să efectueze vizite la domiciliu, conform Planului sau de cîte ori este nevoie; f) să ofere sprijin şi suport psihologic; g) să respecte confidenţialitatea informaţiilor referitoare la beneficiar, conform legislaţiei; h) să ia în considerare doleanţele şi recomandările beneficiarului cu privire la Plan; i) să informeze beneficiarul despre:
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conţinutul serviciilor sociale şi condiţiile de acordare a acestora; oportunitatea acordării altor servicii sociale; regulamentul de ordine interioară. 4.3. Beneficiarul de servicii are dreptul: a) de a i se presta serviciile sociale prevăzute în Plan; b) de a refuza, din motive obiective (religioase, culturale etc.), prestarea anumitor servicii sociale; c) de a participa la evaluarea serviciilor sociale prestate şi la luarea deciziilor privind măsurile de intervenţie socială care i se aplică; d) de a se consulta cu asistentul social privitor la orice situaţie care apare în legătură cu sine, cu copilul sau cu familia sa; e) de a alege variantele măsurilor de intervenţie; f) de a fi informat asupra: drepturilor, măsurilor legale de protecţie şi situaţiilor de risc; modificărilor în prestarea serviciilor sociale; oportunităţii prestării altor servicii sociale; regulamentului de ordine interioară. 4.4. Beneficiarul este obligat: a) să participe activ la procesul de realizare a Planului; b) să furnizeze informaţii veridice cu privire la identitatea sa şi la situaţia familială, medicală, economică şi socială; c) să permită reprezentantului Centrului verificarea veridicităţii informaţiilor oferite; d) să respecte termenele şi clauzele stabilite în Plan; e) să păstreze confidenţialitatea informaţiilor cu privire la asistenţa acordată; f) să anunţe despre orice modificare intervenită în situaţia sa personală pe parcursul plasamentului; g) să respecte Regulamentul de ordine interioară al Centrului.
5. Soluţionarea reclamaţiilor 5.1. Beneficiarul are dreptul de a formula verbal şi/sau în scris reclamaţii cu privire la serviciile oferite de Centru. 5.2. Reclamaţiile pot fi adresate administraţiei Centrului direct sau prin intermediul oricărei persoane din ca- drul echipei de realizare a Planului. 5.3. Centrul are obligaţia de a examina reclamaţiile, consultînd atît beneficiarul, cît şi specialiştii implicaţi în reali- zarea Planului, şi de a răspunde în termen de maximum 10 zile de la primirea reclamaţiei.
6. Rezilierea contractului Prezentul contract poate fi reziliat în caz de: a) încălcare neîntemeiată de către beneficiar a clauzelor contractului; b) retragere a autorizaţiei de funcţionare a Centrului; c) schimbare a tipului de activitate a Centrului.
7. Încetarea contractului 7.1. Constituie motiv de încetare a prezentului contract următoarele: a) expirarea duratei pentru care a fost încheiat contractul; b) acordul părţilor privind încetarea contractului; c) atingerea scopului contractului; d) rezilierea contractului. 7.2. Prezentul contract este încheiat în două exemplare, cîte unul pentru fiecare parte.
Directorul instituţiei Semnătura
Beneficiarul Semnătura
337 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Anexa nr.2 la Standardele minime de calitate privind serviciile sociale prestate victimelor violenţei în familie
FIŞA DE ÎNREGISTRARE PRIMARĂ A CAZULUI
Fişa de înregistrare primară a cazului se completează la admiterea beneficiarului în Centru şi cuprinde datele iniţiale ale cazului
Numele şi prenumele beneficiarului___________________________________________________________ Data naşterii ______________________ locul naşterii____________________________________________ Numele şi prenumele copilului ______________________________________________________________ Data naşterii ____________________ locul naşterii_______________________________________________ Viza de reşedinţă__________________________________________________________________________ Locul de trai_____________________________________________________________________________ Actul de identitate_________________________________________________________________________ Studiile _________________________________________________________________________________ Ocupaţia _______________________________________________________________________________ Date despre comiterea cazului de violenţă în familie ______________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Referirea cazului__________________________________________________________________________ Motivul referirii___________________________________________________________________________ Actele prezentate de beneficiar la admitere _____________________________________________________ _______________________________________________________________________________________ Date despre procedura de obţinere a ordonanţei de protecţie__________________________________________ Date despre familia biologică _______________________________________________________________ _______________________________________________________________________________________ Date despre familia extinsă___________________________________________________________________ _______________________________________________________________________________________ Intenţiile de viitor ale beneficiarului __________________________________________________________ _______________________________________________________________________________________ Observaţii ______________________________________________________________________________ _______________________________________________________________________________________ Recomandări ____________________________________________________________________________ _______________________________________________________________________________________
Completat de Semnătura Data
Directorul Centrului Semnătura Data
338 Acte normative actualizate
Anexa nr.3 la Standardele minime de calitate privind serviciile sociale prestate victimelor violenţei în familie
FIŞA DE OBSERVAŢIE a beneficiarului
Numele beneficiarului _____________________________________________________________________ Numele copilului/copiilor __________________________________________________________________ Data admiterii în Centru ___________________________________________________________________ Perioada de şedere ________________________________________________________________________
1. Aspectul exterior al beneficiarului Aspectul exterior al beneficiarului Da Nu Vestimentaţie Asortat Îngrijit Adecvat Curat Igienă Unghii tăiate Păr spălat, îngrijit Miros plăcut
Comportament Umil Indiferent Orgolios
2. Aspectul dormitorului Aspectul dormitorului Da Nu Curat Ordonat Aerisit Amenajat estetic
3. Relaţii sociale (comunicare, cooperare, subordonare) Relaţiile cu personalul Întotdeauna Deseori Rar Niciodată Centrului Respectă Regulamentul Amabil Sociabil Cu iniţiativă Cooperant Izolat Agresiv Impertinent Încăpăţinat Participă la activităţile zilnice Perseverent
339 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Relaţia părinte-copil Ataşament faţă de copil Ataşament faţă de părinte Îngrijeşte copilul Alimentează copilul Sensibil şi receptiv la nevoile copilului Comunică cu copilul Se joacă cu copilul Ţine copilul în braţe Dezmiardă copilul Relaţiile cu agresorul Comunică constructiv cu agresorul Terapia de cuplu a dat rezultate Părţile s-au împăcat Agresiunea, ameninţările continuă Orice comunicare a fost întreruptă Relaţia nu mai poate fi refăcută A fost emisă ordonanţa de protecţie Termenul ordonanţei de protecţie a expirat Procesul de divorţ/separare Relaţiile cu alţi beneficiari Abilităţi de lider (coordonează activităţi, disciplinează alţi beneficiari) Relaţionează Comunică Participă la activităţile de grup Supraveghează copiii altor părinţi în caz de nevoie Izolat Indiferent Rigid Cooperant Relaţiile cu rudele Aşteaptă cu nerăbdare vizitele Iniţiază contacte Comunică în scris/prin telefon cu rudele În timpul vizitelor (se Comunică deschis înregistrează comportamentul Binevoitor în raport cu fiecare vizitator) Nu comunică Agresiv
Observaţii suplimentare _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Concluzii _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Notă: Fişa de observaţie se întocmeşte de către asistentul social în termen de 30 de zile de la data plasării şi ulterior – lunar. Datele din fişa de observaţie se utilizează la elaborarea şi revizuirea Planului.
340 Acte normative actualizate
Anexa nr.4 la Standardele minime de calitate privind serviciile sociale prestate victimelor violenţei în familie
FIŞA DE MONITORIZARE POST(RE)INTEGRARE
Evaluarea condiţiilor de trai şi sociale (după integrare) referitor la cazul beneficiarului___________________ _______________________________________________________________________________________ Data “_________”____________________ Scopul examinării_________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Subsemnaţii _____________________________________________________________________________ _______________________________________________________________________________________, am examinat condiţiile de trai şi sociale ale familiei ______________________________________________, domiciliate pe adresa ______________________________________________________________________
Date generale despre membrii familiei şi alte persoane care locuiesc pe adresa respectivă Numele, Relaţiile Datele de Data naşterii Studiile, locul de muncă, Atitudinea prenumele persoanei cu identitate (după caz, funcţia (pentru copii – persoanei faţă beneficiarul vîrsta) instituţia de învăţămînt) de beneficiar
Persoanele prezente la momentul vizitei _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Condiţii de trai Tipul locuinţei (apartament la bloc, casă la sol, cămin etc.) Dreptul de dispunere asupra locuinţei _________________________________________________________ Numărul de camere________________________________________________________________________ Suprafaţa locativă _________________________________________________________________________ Suprafaţa totală __________________________________________________________________________ Tipul de încălzire__________________________________________________________________________ Aprovizionarea cu apă_____________________________________________________________________ Canalizare_______________________________________________________________________________ Condiţii sanitaro-igienice __________________________________________________________________ _______________________________________________________________________________________
Date referitoare la beneficiar Sursele de existenţă şi valoarea lor în lei _______________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ (salariu, prestaţii sociale, proiecte, ajutor din partea familiei, altele) Locul de muncă___________________________________________________________________________ _______________________________________________________________________________________
341 Traficul de fiinţe umane şi egalitatea genurilor în Moldova
Funcţia__________________________________________________________________________________ _______________________________________________________________________________________ Condiţiile de trai__________________________________________________________________________ _______________________________________________________________________________________ Condiţiile sanitaro-igienice__________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Starea sănătăţii____________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Relaţiile cu agresorul_______________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Relaţiile cu copiii şi alţi membri ai familiei_______________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Relaţiile cu comunitatea____________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Serviciile sociale de care beneficiază __________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Date referitoare la agresor (dacă locuiesc împreună) Sursele de existenţă şi valoarea lor în lei ________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ (salariu, prestaţii sociale, proiecte, ajutor din partea familiei, altele) Locul de muncă__________________________________________________________________________ _______________________________________________________________________________________ Funcţia_________________________________________________________________________________ _______________________________________________________________________________________ Condiţiile de trai_________________________________________________________________________ _______________________________________________________________________________________ Condiţiile sanitaro-igienice_________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Starea sănătăţii___________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ Relaţiile cu beneficiarul ____________________________________________________________________ Progresele în relaţia de cuplu ________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ A fost emisă o ordonanţă de protecţie şi care este statutul ei________________________________________ _______________________________________________________________________________________
342 Acte normative actualizate
_______________________________________________________________________________________ Serviciile sociale de care a beneficiat familia (victima şi agresorul) __________________________________ _______________________________________________________________________________________ Necesităţile identificate ____________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Concluzii _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Recomandări ____________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________
Asistentul social Semnătura
Reprezentantul autorităţii Semnătura administraţiei publice locale
Reprezentantul familiei Semnătura
343
Торговля людьми и равенство полов в Молдове дополнительные нормативные акты 2011 Кишинёв Торговля людьми и равенство полов в Молдове
ru до по лн ит ел ьн Конвенции ые но Законы рм ат Постановления ив ны е ак ты
Кишинев 2011 CZU 343.545(478)(094)=135.1=161.1 T 80
Descrierea CIP a Camerei Naţionale a Cărţii Traficul de fiinţe umane şi egalitatea genurilor in Moldova: acte normative actualizate = Торговля людьми и равенство полов в Молдове: дополнительные нормативные акты / resp. ed.: Otilia Bologan-Vieru, Veaceslav Balan; coord. ed.: Eugenia Benigni. – Ch.: S. n., 2011 (Elena-VI SRL). – 343; 341 p. Carte-valet („перевертыш”). – 1600 ex.
Ответственный за издание: Oтилия Бологан-Виеру, Национальный cоветник по юридическим вопросам, Программа по борьбе с торговлей людьми и гендерному равенству, Миссия ОБСЕ в Молдове, Вячеслав Балан, Национальный cоветник по борьбе с торговлей людьми и гендерному равенству, Миссия ОБСЕ в Молдове
Координатор издания: Эуджения Бенини, Советник Программы по борьбе с торговлей людьми и гендерному равенству, Миссия ОБСЕ в Молдове
Печать: “Elena-V.I.” SRL
ISBN 978-9975-106-64-1.
Миссия ОБСЕ в Молдове, в партнерстве с Миссией МОМ в Молдове предоставила финансовую поддержку при подготовке данной публикации. Указанная поддержка не означает одобрения со стороны Миссии содержания, дизайна или формы изложения содержащейся в публикации информации и мнений.
Текст опубликован с изменениями до 31 декабря 2010 г. дополнительные нормативные акты
Содержание
Предисловие .......................................................................................................................................................... 5 1. КОНВЕНЦИЯ Совета Европы о противодействии торговле людьми . .................................................. 6 2. КОНВЕНЦИЯ о ликвидации всех форм дискриминации в отношении женщин. Факультативный протокол к Конвенции о ликвидации всех форм дискриминации в отношении женщин ................................................................................................................................................................. 19 3. Конвенция о правах ребенка и ФАКУЛЬТАТИВНЫЙ ПРОТОКОЛ к Конвенции о правах ребенка, касающийся торговли детьми, детской проституции и детской порнографии . ............... 29 4. Уголовный кодекс Республики Молдова N 985-XV от 18.04.2002 ........................................................ 47 5. Уголовно-процессуальный кодекс Республики Молдова N 122-XV от 14.03.2003 . ........................... 53 6. Гражданский процессуальный кодекс Республики Молдова N 225-XV от 30.05.2003 .................... 54 7. Семейный кодекс N 1316-XIV от 26.10.2000 .............................................................................................. 56 8. ЗАКОН о правах ребенка N 338-XIII от 15.12.94 ........................................................................................ 60 9. ЗАКОН о предупреждении и пресечении насилия в семье N 45-XVI от 01.03.2007 ....................... 67 10. ЗАКОН о предупреждении и пресечении торговли людьми N 241-XVI от 20.10.2005 . ................... 75 11. ЗАКОН об обеспечении равных возможностей для женщин и мужчин N 5-XVI от 09.02.2006 . ...................................................................................................................................... 89 12. ЗАКОН о трансплантации органов, тканей и клеток человека N 42-XVI от 06.03.2008 . ................. 96 13. ЗАКОН о защите свидетелей и других участников уголовного процесса N 105-XVI от 16.05.2008 .................................................................................................................................. 104 14. ЗАКОН о социальном пособии N 133-XVI от 13.06.2008 ..................................................................... 114 15. ЗАКОН о профилактике ВИЧ/СПИД-инфекции N 23-XVI от 16.02.2007 ....................................... 119 16. ПОСТАНОВЛЕНИЕ Пленума Высшей судебной палаты Республики Молдова о практике применения законодательства по делам о торговле людьми и торговле детьми N 37 от 22.11.2004 г. .......................................................................................................................................... 129 17. ПОСТАНОВЛЕНИЕ об утверждении персонального состава Национального комитета по борьбе с торговлей людьми, Положения о Национальном комитете и Национального плана действий по предотвращению и борьбе с торговлей людьми N 472 от 26.03.2008 и ПОСТАНОВЛЕНИЕ об утверждении Специального плана в дополнение к Национальному плану по предотвращению и борьбе с торговлей людьми на 2010-2011 гг. N 1170 от 21.12.2010 ......................................................................................................... 135 18. ПОСТАНОВЛЕНИЕ об утверждении Национальной программы по обеспечению гендерного равенства на 2010-2015 годы N 933 от 31.12.2009 ............................................................. 187 19. ПОСТАНОВЛЕНИЕ об утверждении Типового положения об организации и функционировании центров по оказанию помощи и защите жертв торговли людьми N 1362 от 29.11.2006 ....................................................................................................................................... 224 20. ПОСТАНОВЛЕНИЕ о создании Центра по оказанию помощи и защите жертв и потенциальных жертв торговли людьми N 847 от 11.07.2008 ......................................................... 230 21. ПОСТАНОВЛЕНИЕ об утверждении Типового положения о территориальных комиссиях по пресечению торговли людьми N 234 от 29.02.2008 . ........................................................................... 231 22. ПОСТАНОВЛЕНИЕ об утверждении Положения о процедуре репатриации детей и взрослых – жертв торговли людьми, нелегальной миграции, а также детей без сопровождения N 948 от 07.08.2008 . .................................................................................................. 234 23. ПОСТАНОВЛЕНИЕ Nr. 257 от 05.12.2008 об утверждении Стратегии Национальной Системы Перенаправления для Предоставления Защиты и Помощи жертвам и потенциальным жертвам торговли людьми и Плана действий по реализации Стратегии Национальной системы перенаправления для предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми на 2009–2011 годы . ......................................................................................................... 241
3 Торговля людьми и равенство полов в Молдове
24. ПОСТАНОВЛЕНИЕ Nr. 1344 от 01.12.2008 об утверждении Национального Плана действий по предупреждению и борьбе с насилием над детьми на период 2009-2011 гг. . .............................. 254 25. ПОСТАНОВЛЕНИЕ Nr. 1512 от 31.12.2008 об утверждении Национальной программы создания комплексной системы социальных услуг на 2008-2012 годы .............................................. 268 26. ПОСТАНОВЛЕНИЕ Nr. 290 от 15.04.2009 об утверждении Правил выдачи справки о взятии на учет остающегося в стране ребенка, родитель/опекун (попечитель) которого, гражданин Республики Молдова, временно трудоустраивается за рубежом ........................................................ 283 27. ПОСТАНОВЛЕНИЕ об утверждении Типового положения об организации и функционировании центров реабилитации жертв насилия в семье N 129 от 22.02.2010 ........ 285 28. ПОСТАНОВЛЕНИЕ о создании Национального координационного совета национальных программ по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберкулеза N 825 от 03.08.2005 . .......................................................... 290 29. ПОСТАНОВЛЕНИЕ об утверждении Национальной программы по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем, на 2011-2015 гг. N 1143 от 16.12.2010 .......................................................................... 295 30. ПОСТАНОВЛЕНИЕ об утверждении Минимальных стандартов качества социальных услуг, предоставляемых жертвам насилия в семье N 1200 от 23.12.2010 ......................................... 324
4 дополнительные нормативные акты
ПРЕДИСЛОВИЕ Существует много исследований, демонстрирующих, как конкретные улучшения в обеспечении ген- дерного равенства в общественной и частной жизни страны способствуют более быстрому и устойчивому развитию экономики и демократии. Хотя домашнее насилие и торговля людьми затрагивают как мужчин, так и женщин, и все группы общества, независимо от пола, возраста, этнической или религиозной принад- лежности, эти явления диспропорционально затрагивают женщин в Молдове. Четверть женщин Молдовы являются жертвами домашнего насилия; от 80 до 90% таких жертв в итоге оказываются жертвами торговли людьми, главным образом в целях сексуальной эксплуатации. Оба явления признаются в качестве уголовных преступлений внутренним и международным законодательством. В Молдове права на жизнь, физическую и психологическую неприкосновенность, свободу от пыток или жестокого, бесчеловечного или унижающего достоинство наказания или обращения, а также другие права и обязательства, гарантированы Конституцией и другими законами, включая законы о борьбе с торговлей людьми, с домашним насилием, а также о защите жертв и свидетелей. Хельсинкский Заключительный Акт 1975 года, основополагающий документ ОБСЕ (в тот период - Кон- ференция по Безопасности и Сотрудничеству в Европе, или СБСЕ), был первым международным докумен- том, в котором защита прав человека была признана в качестве проблемы международного значения. Права человека являются центральным элементом всеобъемлющей концепции безопасности ОБСЕ, что означает, что не может быть безопасности без уважения прав человека и фундаментальных свобод. Работа ОБСЕ в этой сфере включает деятельность по следующим направлениям: борьба с торговлей людьми, демократи- зация, выборы, гендерное равенство, свобода СМИ, права меньшинств, верховенство закона, а также толе- рантность и недопущение дискриминации. В качестве государства-участника ОБСЕ, Молдова несет обязательства в сфере борьбы с торговлей людьми и гендерного равенства в соответствии со многими официальными документами, и в частности, Решением 557 Постоянного Совета ОБСЕ о Плане действий ОБСЕ по борьбе с торговлей людьми, Решени- ем 14/04 Совета министров ОБСЕ о Плане действий ОБСЕ по поддержке гендерного равенства, Решением 14/05 Совета министров о роли женщин в предотвращении конфликтов, управлении кризисными ситуаци- ями и пост-конфликтном восстановлении, и Решением 15/05 Совета министров о предотвращении и борьбе с насилием в отношении женщин. В этих документах подчеркивается, что торговля людьми представляет угрозу для безопасности, которая не может быть обеспечена без достижения гендерного равенства и ува- жения прав женщин. Деятельность ОБСЕ сфокусирована на передовых практиках, связанных с такими аспектами борьбы с торговлей людьми и насилием против женщин, как предотвращение, преследование и защита. Все возрас- тающее внимание уделяется эффективному расследованию и наказанию, безопасному и добровольному возвращению жертв торговли людьми и компенсациям жертвам торговли людьми, а также роли мужчин и мальчиков в предотвращении и борьбе с гендерным насилием*. С 2008 года Миссия ОБСЕ в Молдове оказывает поддержку в издании сборника международных доку- ментов и внутренних нормативных актов по борьбе с торговлей людьми, домашним насилием и поддержке гендерного равенства. Данный сборник является обновленной версией предыдущих, и включает также за- коны и решения правительства, принятые до 31 декабря 2010 года. Миссия выражает надежду, что более широкая доступность и использование данного издания поможет дальнейшему исполнению существую- щих законов и улучшит ситуацию тех, кто находится в поиске правосудия.
Эуджения Бенини Советник Программы по борьбе с торговлей людьми и гендерному равенству Миссия ОБСЕ в Молдове Кишинев, 2011
* Полезные Интернет-сайты ОБСЕ (содержат публикации и документы по вопросам борьбы с торговлей людьми и гендерному равенству):www.оsсе.org/сthb; www.osce.org/gender; www.osce.org/odihr; www.legisla- tionline.org (последний содержит законодательные акты и юридические заключения ОБСЕ/БДИПЧ по проблемам прав человека в государствах-участниках ОБСЕ.)
5 Торговля людьми и равенство полов в Молдове
1. КОНВЕНЦИЯ Совета европы о противодействии торговле людьми
Преамбула Государства - члены Совета Европы и другие государства, подписавшие настоящую Конвенцию, считая, что цель Совета Европы заключается в достижении большего единства его членов; считая, что торговля людьми является нарушением прав человека и посягательством на достоинство и целостность человеческой личности; считая, что торговля людьми может вести к порабощению ее жертв; считая, что как борьба с торговлей людьми, так и уважение прав и защита её жертв должны выступать в качестве важнейших задач; считая, что любая деятельность или инициатива в области борьбы с торговлей людьми должны осущест- вляться без какой-либо дискриминации и учитывать равенство между женщинами и мужчинами, а также подход, в основе которого лежат права ребенка; напоминая, что в декларациях, принятых министрами иностранных дел государств- членов на 112-й (14-15 мая 2003 года) и 114-й (12-13 мая 2004 года) сессиях Комитета министров, содержится призыв к акти- визации действий Совета Европы по борьбе с торговлей людьми; учитывая Конвенцию о защите прав человека и основных свобод (1950 года) и протоколы к ней; учитывая следующие рекомендации Комитета министров государствам - членам Совета Европы: Ре- комендацию № R (91) 11 относительно сексуальной эксплуатации, порнографии и проституции, а также торговли детьми и молодыми совершеннолетними; Рекомендацию № R (97) 13, касающаяся запугивания свидетелей и осуществления прав на защиту; Рекомендацию № R (2000) 11 о борьбе с торговлей людьми в целях сексуальной эксплуатации; Рекомендацию Rec (2001) 16 о защите детей от сексуальной эксплуатации и Рекомендацию Rec (2002) 5 о защите женщин от насилия; учитывая следующие рекомендации Парламентской ассамблеи Совета Европы: Рекомендацию 1325 (1997) относительно торговли женщинами и принуждения к проституции в государствах - членах Совета Европы; Рекомендацию 1450 (2000) о насилии в отношении женщин в Европе; Рекомендацию 1545 (2002) о кампании по борьбе с торговлей женщинами; Рекомендацию 1610 (2003) о миграции, связанной с торговлей женщинами и проституцией; Рекомендацию 1611 (2003) о незаконной торговле органами в Европе; Рекомендацию 1663 (2004) о домашнем рабстве: прислуге, лицах, приглашаемых по обмену и брачной торговле по выписке; читывая Рамочное решение Совета Европейского союза от 19 июля 2002 г. о борьбе с торговлей людьми, Рамочное решение Совета Европейского союза от 15 марта 2001 г. о статусе жертв в рамках уголовного судопро- изводства, Директиву Совета Европейского союза от 29 апреля 2004 г. относительно вида на жительство, выда- ваемого гражданам третьих стран, являющимся жертвами торговли людьми или воспользовавшимся услугами посредников в целях нелегальной иммиграции, и которые сотрудничают с компетентными органами; принимая должным образом во внимание Конвенцию Организации Объединенных Наций против транснациональной организованной преступности и Протокол о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющий Конвенцию, в целях усиления обеспечиваемой ими защиты и развития содержащихся в них стандартов; принимая должным образом во внимание другие соответствующие международные юридические инстру- менты в области борьбы с торговлей людьми; принимая во внимание необходимость разработки всеобъемлю- щего международно- правового договора, который был бы сконцентрирован на вопросах обеспечения основ- ных прав человека для жертв торговли людьми и который учреждал бы специальный механизм контроля, согласились о нижеследующем:
Глава I. ЦЕЛИ, СФЕРА ПРИМЕНЕНИЯ, ПРИНЦИП НЕДИСКРИМИНАЦИИ И ОПРЕДЕЛЕНИЯ Статья 1. Цели Конвенции 1. Целями настоящей Конвенции являются: а) предупреждение торговли людьми и борьба с ней при обеспечении равенства между женщинами и мужчинами; b) защита основных прав человека жертв торговли людьми и разработка всеобъемлющей основы для за- щиты жертв и свидетелей и оказания им содействия при обеспечении равенства между женщинами и муж- чинами, а также обеспечение эффективного расследования и привлечения к ответственности виновных;
6 дополнительные нормативные акты
с) содействие международному сотрудничеству в области борьбы с торговлей людьми. 2. С целью обеспечения эффективного осуществления Сторонами положений настоящей Конвенции учреждается специальный механизм контроля.
Статья 2. Сфера применения Настоящая Конвенция применяется ко всем формам торговли людьми, будь то на национальном или транснациональном уровне, как связанным, так и не связанным с организованной преступностью.
Статья 3. Принцип недискриминации Осуществление положений настоящей Конвенции Сторонами, в частности пользование мерами по за- щите и соблюдению прав жертв, обеспечивается без какой- либо дискриминации, как то по признаку пола, расы, цвета кожи, языка, религии, политических или иных убеждений, национального или социального происхождения, принадлежности к национальному меньшинству, имущественного положения, рождения или любого иного обстоятельства.
Статья 4. Определения Для целей настоящей Конвенции: а) „торговля людьми” означает осуществляемые в целях эксплуатации вербовку, перевозку, передачу, укрывательство или получение людей путем угрозы силой или ее применения или других форм принуж- дения, похищения, мошенничества, обмана, злоупотребления властью или уязвимостью положения, либо путем подкупа, в виде платежей или выгод, для получения согласия лица, контролирующего другое лицо. Эксплуатация включает, как минимум, эксплуатацию проституции других лиц или другие формы сексуаль- ной эксплуатации, принудительный труд или услуги, рабство или обычаи, сходные с рабством, подневоль- ное состояние или извлечение органов; b) согласие жертвы торговли людьми на запланированную эксплуатацию, о которой говорится в под- пункте «а» настоящей статьи, не принимается во внимание, если было использовано любое из средств воз- действия, указанных в подпункте «а»; с) вербовка, перевозка, передача, укрывательство или получение ребенка для целей эксплуатации счи- таются “торговлей людьми” даже в том случае, если они не связаны с применением какого-либо из средств воздействия, указанных в подпункте «а» настоящей статьи; d) “ребенок” означает любое лицо, не достигшее 18-летнего возраста; е) “жертва” означает любое физическое лицо, подвергающееся торговле людьми как она определена в настоящей статье.
Глава II. ПРЕДУПРЕЖДЕНИЕ, СОТРУДНИЧЕСТВО И ДРУГИЕ МЕРЫ Статья 5. Предупреждение торговли людьми 1. Каждая Сторона принимает меры к налаживанию или укреплению на национальном уровне координа- ции между различными органами, ответственными за предотвращение торговли людьми и за борьбу с нею. 2. Каждая Сторона разрабатывает и/или укрепляет эффективную политику и программы в целях пред- упреждения торговли людьми, предпринимая такие меры, как исследования, информационные, просве- тительские и воспитательные кампании, социально-экономические инициативы и учебные программы, в особенности адресованные лицам, подвергающимся риску стать объектом торговли людьми, а также спе- циалистам по проблематике торговли людьми. 3. В рамках развития, осуществления и оценки любой политики и программ, упомянутых в пункте 2, каждая Сторона придерживается подхода, основанного на правах человека, интегрально включающего обе- спечение равенства между женщинами и мужчинами и учитывающего интересы детей. 4. Каждая Сторона принимает соответствующие меры, которые могут потребоваться для того, чтобы миграция осуществлялась на законных основаниях, в частности, путем распространения соответствующи- ми органами достоверной информации об условиях, позволяющих законно въезжать на ее территорию и находиться в ее пределах. 5. Каждая Сторона принимает специальные меры с целью уменьшить уязвимость детей в отношении торговли, в частности, путем создания для них безопасных условий. 6. Меры, принимаемые в соответствии с настоящей статьей, предполагают в надлежащих случаях участие неправительственных организаций, других соответствующих организаций и других элементов гражданского общества, приверженных делу предотвращения торговли людьми, защиты жертв или оказания им помощи.
7 Торговля людьми и равенство полов в Молдове
Статья 6. Меры по противодействию спросу. В целях противодействия спросу, порождающему эксплуатацию людей, особенно женщин и детей, во всех ее формах, поскольку это ведет к торговле людьми, каждая Сторона принимает или совершенствует законодательные, административные, образовательные, социальные, культурные или другие меры, вклю- чающие в том числе: а) изучение передового опыта, методов и стратегий; b) меры, направленные на осознание ответственности и важной роли средств массовой информации и граж- данского общества в восприятии спроса в качестве одной из первопричин, порождающих торговлю людьми; с) адресные информационные кампании с участием, в том числе, в надлежащих случаях, публичных вла- стей и лиц, ответственных за разработку и принятие политических решений; d) превентивные меры, включающие школьные просветительские программы в отношении мальчиков и девочек с особым упором на недопустимости и пагубных последствиях дискриминации по признаку пола, важности обеспечения равенства между женщинами и мужчинами, а также достоинстве и неприкосновен- ности каждого человека.
Статья 7. Меры пограничного контроля 1. Без ущерба для международных обязательств в отношении свободного передвижения людей, Сторо- ны, насколько это возможно, усиливают такие меры пограничного контроля, которые могут потребоваться для предупреждения и выявления торговли людьми. 2. Каждая Сторона принимает законодательные или другие надлежащие меры для предупреждения, насколь- ко это возможно, использования транспортных средств, эксплуатируемых коммерческими перевозчиками, при совершении преступлений, признанных таковыми в соответствии с настоящей Конвенцией. 3. В надлежащих случаях и без ущерба для применимых международных конвенций, такие меры включают, в частности, установление для коммерческих перевозчиков, в том числе любой транспортной компании или вла- дельца или оператора любого транспортного средства обязанности убедиться в том, что все пассажиры имеют документы на въезд/выезд, необходимые для въезда в принимающее государство. 4. Каждая Сторона принимает необходимые меры, в соответствии со своим внутренним правом, с тем что- бы предусмотреть санкции за нарушение обязанности, установленной в пункте 3 настоящей статьи. 5. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для того, чтобы позволить, в соответствии с ее внутренним правом, отказывать во въезде лицам, причаст- ным к совершению преступлений, признанных таковыми в соответствии с настоящей Конвенцией, или ан- нулировать их визы. 6. Стороны укрепляют сотрудничество между органами пограничного контроля, в том числе путем соз- дания и поддержания прямых каналов связи.
Статья 8. Надежность документов и контроль за ними Каждая Сторона принимает такие меры, которые могут потребоваться для: а) обеспечения такого качества выдаваемых ею документов на въезд/выезд или удостоверений лич- ности, которое в максимальной степени затрудняло бы их неправомерное использование и подделку или противозаконное изменение, воспроизведение или выдачу; и b) обеспечения защищенности и надежности документов на въезд/выезд или удостоверений личности, вы- данных Стороной или от ее имени, а также предупреждения их незаконного изготовления и выдачи.
Статья 9. Законность и действительность документов Сторона проводит, по просьбе другой Стороны, в соответствии со своим внутренним правом, в течение разумного срока проверку законности и действительности выданных или якобы выданных от ее имени до- кументов на въезд/выезд или удостоверений личности, в отношении которых имеются подозрения, что они используются для торговли людьми.
Глава III. МЕРЫ ПО ЗАЩИТЕ И СОБЛЮДЕНИЮ ПРАВ ЖЕРТВ ПРИ ОБЕСПЕЧЕНИИ РАВЕНСТВА МЕЖДУ ЖЕНЩИНАМИ И МУЖЧИНАМИ Статья 10. Выявление жертв 1. Каждая Сторона обеспечивает, чтобы штаты их компетентных органов были укомплектованы со- трудниками, которые прошли необходимую подготовку и специализируются на предотвращении торговли людьми и борьбе с ней, на выявлении жертв, в частности, детей и оказании им помощи, а также чтобы
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различные заинтересованные органы осуществляли сотрудничество друг с другом и с соответствующими организациями, выполняющими функции по оказанию помощи, с тем чтобы иметь возможности для выяв- ления жертв при надлежащем учете особого положения женщин и детей и выдачи, в надлежащих случаях, видов на жительство на условиях, предусмотренных в статье 14 настоящей Конвенции. 2. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для выявления жертв, сотрудничая в случае необходимости с другими Сторонами и с организациями, вы- полняющими функции по оказанию помощи. Каждая Сторона обеспечивает, чтобы, при наличии у компе- тентных органов разумных оснований полагать, что то или иное лицо стало жертвой торговли людьми, это лицо не было выдворено с ее территории до завершения процесса его идентификации соответствующими органами в качестве жертвы преступления, признанного в качестве такового в соответствии со статьей 18 настоящей Конвенции, и могло бы воспользоваться помощью, предусмотренной в пунктах 1 и 2 статьи 12. 3. В случае отсутствия уверенности в отношении возраста жертвы и если имеются основания полагать, что она является ребенком, то она считается ребенком, и в отношении нее принимаются специальные меры защиты, пока ее возраст не будет установлен. 4. В случаях, когда установлено, что не сопровождаемый взрослым ребенок является жертвой , каждая Сторона незамедлительно: а) принимает необходимые меры для обеспечения его законного представительства путем учреждения над ним опеки или через посредство организации или органа, уполномоченного действовать, исходя из высших интересов ребенка; b) принимает необходимые меры по установлению его личности и гражданства; c) использует все имеющиеся у него возможности для скорейшего нахождения его семьи, если это от- вечает высшим интересам ребенка.
Статья 11. Защита частной жизни 1. Каждая Сторона защищает частную жизнь и личность жертв. Касающиеся их персональные данные на- капливаются и используются в соответствии с условиями, предусмотренными Конвенцией о защите физиче- ских лиц при автоматизированной обработкой персональных данных (Серия европейских договоров,№ 108). 2. В частности, каждая Сторона принимает меры по недопущению раскрытия, как средствами массовой информации, так и любым иным способом, личности или разглашения сведений, позволяющих ее иденти- фикацию, если речь идет о жертве, которой является ребенок, за исключением чрезвычайных обстоятельств, когда необходимо найти членов семьи ребенка или иным образом обеспечить его благосостояние и защиту. 3. Каждая Сторона рассматривает возможность принятия, при соблюдении статьи 10 Конвенции о защите прав человека и основных свобод в ее интерпретации Европейским Судом по правам человека, мер, направ- ленных на поощрение средств массовой информации к уважению частной жизни и личности жертв путем саморегулирования либо посредством мер регулирования или совместного регулирования.
Статья 12. Помощь жертвам 1. Каждая Сторона принимает законодательные или другие меры, которые могут потребоваться для ока- зания помощи жертвам по их физической, психологической и социальной реабилитации. Такая помощь включает, как минимум: а) жизненные условия, способные обеспечить их выживание, такие, как надлежащий и безопасный кров, психологическая и материальная помощь; b) доступ к неотложной медицинской помощи; c) в случае необходимости, языковую помощь; d) консультативную помощь и информацию, особенно в отношении их законных прав, а также предо- ставляемых им услуг, на понятном им языке; e) помощь, обеспечивающую представительство и учет их прав и интересов на соответствующих стади- ях уголовного производства, возбужденного в отношении лиц, совершивших преступления; f) для детей доступ к образованию. 2. Каждая Сторона должным образом учитывает потребности жертв в отношении их безопасности и защиты. 3. Кроме того, каждая Сторона предоставляет необходимую медицинскую или любую другую помощь тем жертвам, законно проживающим на ее территории, которые не располагают достаточными средствами и нуждаются в них. 4. Каждая Сторона устанавливает правила, согласно которым жертвам, законно проживающим на её территории, разрешается доступ на рынок труда, к профессиональному обучению и образованию. 5. Каждая Сторона в надлежащих случаях и в соответствии с условиями, предусмотренными ее вну- тренним правом, принимает меры, направленные на обеспечение сотрудничества с неправительственными
9 Торговля людьми и равенство полов в Молдове
организациями, другими соответствующими организациями или другими элементами гражданского обще- ства, приверженными делу оказания помощи жертвам торговли людьми. 6. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для обеспечения того, чтобы оказание помощи жертве не было обусловлено её готовностью выступать в роли свидетеля. 7. При осуществлении мер, предусмотренных в настоящей статье, каждая Сторона обеспечивает, чтобы услуги предоставлялись на добровольной основе и при надлежащем информировании, с должным учетом особых потребностей лиц, находящихся в уязвимом положении, и прав детей в сфере жилья, образования и оказания им необходимой помощи.
Статья 13. Период для реабилитации и размышления 1. Каждая Сторона предусматривает в своем внутреннем законодательстве период продолжительностью не менее 30 дней для реабилитации и размышления, предоставляемый лицу при наличии разумных осно- ваний полагать, что оно является жертвой. Этот период должен быть достаточным для получения лицом возможности пройти реабилитацию, избегая контактов с торговцами, и/или для того, чтобы оно могло при- нять обоснованное решение о сотрудничестве с компетентными органами. В течение этого периода в от- ношении него не могут быть применены никакие меры по выдворению. Настоящее положение не наносит ущерба деятельности национальных компетентных органов на всех этапах осуществляемого ими производ- ства, в частности при расследовании соответствующих преступлений и привлечении к ответственности ви- новных. В течение этого периода Стороны предоставляют лицу возможность находиться на их территории 2. В течение этого периода лица, упомянутые в пункте 1 настоящей статьи, имеют право на то, чтобы в от- ношении них были приняты меры, предусмотренные в пунктах 1 и 2 статьи 12. 3. Стороны не связаны соблюдением указанного срока, если это вызвано соображениями публичного порядка, или в случае неправомерного пользования статусом жертвы.
Статья 14. Вид на жительство 1. Каждая Сторона выдает возобновляемый вид на жительство жертвам в обоих либо в одном из сле- дующих случаев: а) когда, по мнению компетентного органа власти, их пребывание необходимо ввиду их личного положения; b) когда, по мнению компетентного органа власти, их пребывание необходимо в связи с осуществлением ими сотрудничества с компетентными органами в целях ведения расследования или уголовного судопроизводства. 2. В случае юридической необходимости, детям, являющимся жертвами, вид на жительство выдается, исходя из их высших интересов, и при необходимости возобновляется на тех же условиях. 3. Невозобновление или аннулирование вида на жительство регулируется нормами внутреннего права Стороны. 4. Если жертва обращается с просьбой о выдаче ей вида на жительство иной категории, Сторона учитывает тот факт, что жертва имела или имеет вид на жительство, выданный в соответствии с пунктом 1. 5. С учетом обязательств Сторон, о которых говорится в статье 40 настоящей Конвенции, Каждая Сто- рона обеспечивает, чтобы выдача вида на жительство в соответствии с положениями настоящей статьи осуществлялась без ущерба для права искать и получать убежище.
Статья 15. Компенсация и правовая помощь 1. Каждая Сторона гарантирует жертвам с момента их вступления в контакт с компетентными органами доступ к информации о соответствующих судебных и административных процедурах на понятном им языке. 2. Каждая Сторона предусматривает, в рамках своего внутреннего законодательства, право жертв на помощь защитника и на бесплатное получение правовой помощи в соответствии с условиями, предусмо- тренными её внутренним правом 3. Каждая Сторона предусматривает, в рамках своего внутреннего законодательства, право жертв на по- лучение компенсации со стороны лиц, совершивших преступления. 4. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться с тем, чтобы гарантировать в соответствии с условиями, предусмотренными её внутренним правом, ком- пенсацию жертвам, например, путем учреждения компенсационного фонда для жертв, или посредством принятия других мер или программ, предназначенных для оказания помощи жертвам и их социальной ин- теграции, которые могли бы быть профинансированы за счет средств, полученных в результате применения мер, предусмотренных в статье 23.
Статья 16. Репатриация и возвращение жертв 1. Сторона, гражданином которой является жертва или в которой это лицо имело право постоянно про- живать в момент въезда на территорию принимающей Стороны, содействует возвращению этого лица и
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принимает его без необоснованных или неразумных задержек при должном учете вопросов обеспечения прав, безопасности и достоинства такого лица. 2. Когда Сторона возвращает жертву другой Стороне, такое возвращение осуществляется при должном учете вопросов обеспечения прав, безопасности и достоинства этого лица, а также характера любого произ- водства по делу, связанному с тем обстоятельством, что это лицо стало жертвой, причем такое возвращение, предпочтительно, является добровольным. 3. По просьбе принимающей Стороны, запрашиваемая Сторона проверяет, является ли лицо ее граж- данином или имело ли оно право постоянно проживать на ее территории в момент въезда на территорию принимающей Стороны. 4. В целях содействия возвращению жертвы, которая не имеет надлежащих документов, Сторона, граж- данином которой является это лицо или в которой оно имело право постоянно проживать в момент въезда на территорию принимающей Стороны, соглашается выдавать, по просьбе принимающей Стороны, такие документы на въезд/выезд или другие разрешения, какие могут потребоваться для возвращения и допуска этого лица на ее территорию. 5. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для разработки программ репатриации, с участием соответствующих национальных или международных учреж- дений и неправительственных организаций. Такие программы имеют целью предотвращение ревиктимиза- ции. Каждой Стороне следует предпринять все необходимые усилия с целью способствовать реинтеграции жертв в общество государства возвращения, включая реинтеграцию в систему образования и на рынке труда, в частности, посредством приобретения и улучшения профессиональных навыков. Применительно к детям в эти программы следует включать пользование правом на образование, а также меры по обеспечению над- лежащей заботы или ухода со стороны их семьи или других соответствующих приемных структур. 6. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для ознакомления жертв, в надлежащих случаях в сотрудничестве с любой другой заинтересованной Сторо- ной, с информацией о структурах, которые могут оказать им помощь в стране, куда они были возвращены или репатриированы, таких, например, как правоохранительные органы, неправительственные организа- ции, профессиональные юристы-консультанты и органы социальной защиты. 7. Жертвы из числа детей не подлежат репатриации в государство, если по итогам оценки риска и безопас- ности получены сведения о том, что такое возвращение не отвечало бы коренным интересам ребенка.
Статья 17. Равенство между женщинами и мужчинами Каждая Сторона, осуществляя меры, предусмотренные в настоящей главе, стремится содействовать обе- спечению равенства между женщинами и мужчинами и применяет основанный на равенстве интегриро- ванный подход к вопросам развития, осуществления и оценки этих мер.
Глава IV. МАТЕРИАЛЬНОЕ УГОЛОВНОЕ ПРАВО Статья 18. Криминализация торговли людьми Каждая Сторона принимает такие законодательные и другие меры, которые могут потребоваться, с тем чтобы признать в качестве уголовно наказуемых деяния, указанные в статье 4 настоящей Конвенции, когда они совершаются умышленно.
Статья 19. Криминализация пользования услугами жертвы Каждая Сторона рассматривает возможность принятия таких законодательных и других мер, которые могут потребоваться, с тем чтобы признать в качестве уголовно накауемого деяния в соотвествии с его вну- тренним правом пользование услугами лица, составляющими предмет эксплуатации согласно подпункту «а» статьи 4, когда данное лицо заведомо является жертвой торговли людьми.
Статья 20. Криминализация деяний, связанных с использованием документов на въезд/ выезд и удостоверений личности Каждая Сторона принимает такие законодательные и другие меры, которые могут потребоваться, с тем чтобы признать в качестве уголовно наказуемых следующие деяния, когда они совершаются умышленно с целью создания условий для осуществления торговли людьми: a) изготовление поддельного документа на въезд/выезд или удостоверения личности; b) приобретение или предоставление такого документа; с) удержание, изъятие, сокрытие, повреждение или уничтожение, документа на въезд/выезд или удо- стоверения личности другого лица.
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Статья 21. Пособничество и покушение 1. Каждая Сторона принимает такие законодательные и другие меры, которые могут потребоваться, с тем чтобы признать в качестве уголовно наказуемого деяния всякое совершаемое умышленно пособниче- ство в связи с совершением любого из преступлений, признанных в качестве таковых в соответствии со статьями 18 и 20 настоящей Конвенции. 2. Каждая Сторона принимает такие законодательные и другие меры, которые могут потребоваться, с тем чтобы признать в качестве уголовно наказуемого деяния всякое умышленное покушение на совершение любого из преступлений, признанных в качестве таковых в соответствии со статьей 18 и подпунктом «а» статьи 20 настоящей Конвенции.
Статья 22. Ответственность юридических лиц 1. Каждая Сторона принимает такие законодательные и другие меры, которые могут потребоваться, с тем чтобы обеспечить возможность привлечения к ответственности юридического лица за уголовное пре- ступление, признанное в качестве такового в соответствии с настоящей Конвенцией, совершенное в его интересах любым физическим лицом, действовавшим в своем личном качестве либо в составе органа юри- дического лица и занимающего в нем руководящее положение, при осуществлении им: а) полномочий представителя юридического лица; b) полномочий по принятию решений от имени юридического лица; с) полномочий по выполнению кон- трольных функций в рамках юридического лица. 2. Помимо случаев, уже предусмотренных в пункте 1, каждая Сторона принимает меры, необходимые для обеспечения возможности привлечения к ответственности юридического лица в случаях, когда отсутствие надзора или контроля со стороны физического лица, упомянутого в пункте 1, позволило совершить уголов- ное преступление, признанное в качестве такового в соответствии с настоящей Конвенцией, в интересах этого юридического лица физическим лицом, действующим под его руководством. 3. В соответствии с принципами правовой системы Стороны, ответственность юридического лица мо- жет быть уголовной, гражданско-правовой или административной. 4. Возложение такой ответственности не наносит ущерба уголовной ответственности физических лиц, совершивших преступление.
Статья 23. Санкции и меры 1. Каждая Сторона принимает такие законодательные и другие меры, которые могут потребоваться, с тем чтобы обеспечить применение эффективных, соразмерных и сдерживающих наказаний за уголовные преступления, признанные в качестве таковых в соответствии со статьями 18 - 21. В отношении уголовных преступлений, признанных в качестве таковых в соответствии со статьей 18 и совершенных физическими лицами, эти наказания включают лишение свободы и могут повлечь за собой выдачу. 2. Каждая Сторона обеспечивает, чтобы в отношении юридических лиц, привлеченных к ответственно- сти в соответствии со статьей 22, применялись эффективные, соразмерные и сдерживающие уголовные или неуголовные санкции или меры, в том числе финансового характера. 3. Каждая Сторона принимает такие законодательные и другие меры, которые могут потребоваться для обе- спечения ей возможности конфисковывать или иным образом изымать орудия совершения и доходы от уго- ловных преступлений, признанных в качестве таковых в соответствии со статьей 18 и подпунктом «а» статьи 20 настоящей Конвенции, или имущество, стоимость которого эквивалентна этим доходам. 4. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для создания возможности временно или окончательно закрыть любую организацию, которая используется для осуществления торговли людьми, без ущерба для прав добросовестных третьих лиц, либо запретить временно или окончательно лицу, совершившему такое преступление, осуществлять деятельность, в связи с которой оно было совершено.
Статья 24. Отягчающие обстоятельства Каждая Сторона при назначении наказания за преступления, признанные в качестве таковых в соот- ветствии со статьей 18 настоящей Конвенции обеспечивает признание в качестве отягчающих следующих обстоятельств: a) преступление было сопряжено с угрозой жизни жертвы, возникшей в результате умысла или грубой неосторожности; b) преступление было совершено в отношении ребенка; c) преступление было совершено публичным должностным лицом при исполнении им своих обязан- ностей. d) преступление было совершено в рамках преступной организации.
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Статья 25. Признание рецидива Каждая Сторона принимает законодательные и другие меры, предусматривающие возможность учета при назначении наказания окончательных приговоров, вынесенных другой Стороной в связи с преступле- ниями, признанными в качестве таковых в соответствии с настоящей Конвенцией.
Статья 26. Оговорка об освобождении от наказания Каждая Сторона предусматривает, в соответствии с основополагающими принципами своей правовой системы, возможность освобождения от наказания жертв за их причастность к незаконным видам деятель- ности, когда такая причастность является следствием принуждения.
Глава V. РАССЛЕДОВАНИЕ, СУДЕБНОЕ ПРЕСЛЕДОВАНИЕ И ПРОЦЕССУАЛЬНОЕ ПРАВО Статья 27. Подача заявления от имени жертвы и в силу занимаемой должности 1. Каждая Сторона обеспечивает, чтобы решение вопроса о расследовании или судебном преследовании в отношении преступлений, признанных в качестве таковых в соответствии с настоящей Конвенцией, не увязывалось с заявлением или обвинением, исходящими от жертвы, по крайней мере, когда преступление было полностью или частично совершено на её территории. 2. Каждая Сторона обеспечивает, чтобы жертвы преступления, совершенного на территории Стороны, не являющейся той, в которой они проживают, могли подать жалобу в компетентные органы своего государства проживания. Постольку, поскольку компетентный орган, в который была подана жалоба, не обладает соб- ственной компетенцией в этом отношении, он незамедлительно направляет ее компетентному органу Сторо- ны, на территории которой это преступление было совершено. Такая жалоба рассматривается в соответствии с внутренним правом Стороны, в которой было совершено преступление. 3. Каждая Сторона обеспечивает посредством принятия законодательных или иных мер в соответствии с условиями, предусмотренными ее внутренним правом, группам, фондам, ассоциациям или неправитель- ственным организациям, целью которых является борьба с торговлей людьми или защита прав человека, возможность оказывать помощь и/или поддержку жертвам, которые выразят на это свое согласие, в ходе уголовного судопроизводства по делам, касающимся преступлений, признанных в качестве таковых в соот- ветствии со статьей 18 настоящей Конвенции.
Статья 28. Защита жертв, свидетелей и лиц, сотрудничающих с органами правосудия 1. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для обеспечения эффективной и надлежащей защиты от возможной мести или запугивания, в частности, как в ходе, так и после завершения расследования и уголовного преследования преступников, в отношении: а) жертв; b) в надлежащих случаях лиц, предоставляющих информацию о преступлениях, признанных в качестве таковых в соответствии со статьей 18 настоящей Конвенции, или иным образом сотрудничающих с органа- ми, осуществляющими расследование или уголовное преследование; c) свидетелей, дающих показания в отношении преступлений, признанных в качестве таковых в соот- ветствии со статьей 18 настоящей Конвенции; d) в случае необходимости членов семей лиц, перечисленных в подпунктах «а» и «c». 2. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для обеспечения и предоставления различных типов защиты. Такие меры могут включать физическую защиту, предоставление нового места жительства, смену личности, а также оказание помощи в трудоустройстве. 3. Любому ребенку обеспечивается специальная защита, учитывающая его коренные интересы. 4. Каждая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для обеспечения, в случае необходимости, надлежащей защиты от возможной мести или запугивания, в частности, как в ходе, так и после завершения расследования и уголовного преследования преступников, в отношении членов групп, фондов, ассоциаций или неправительственных организаций, осуществляющих один или несколько видов деятельности из перечисленных в пункте 3 статьи 27. 5. Каждая Сторона предусматривает возможность заключения соглашений или договоренностей с дру- гими государствами с целью применения положений настоящей статьи.
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Статья 29. Специализированные органы и координирующие структуры 1. Каждая Сторона принимает такие меры, которые могут потребоваться для обеспечения специали- зации соответствующих лиц или органов на ведении борьбы с торговлей людьми и защите жертв. Таким лицам или органам предоставляется необходимая независимость в соответствии с основополагающими принципами правовой системы Стороны, с тем чтобы они имели возможность выполнять свои функции эффективно и без какого-либо неправомерного давления. Указанные лица или сотрудники указанных орга- нов должны обладать достаточными подготовкой и финансовыми ресурсами, необходимыми для выполне- ния возложенных на них задач. 2. Каждая Сторона принимает такие меры, которые могут потребоваться для обеспечения координации политики и действий своих правительственных и других государственных структур, осуществляющих борьбу с торговлей людьми, в случае необходимости путем учреждения координирующих органов. 3. Каждая Сторона вводит или совершенствует систему подготовки должностных лиц, ответственных за предотвращение торговли людьми и борьбу с ней, включая обучение правам человека. Эта подготовка мо- жет учитывать специфику конкретных структур и должна быть нацелена в надлежащих случаях на овладе- ние методами, используемыми для предотвращения торговли людьми, уголовного преследования виновных и защиты прав жертв, включая защиту жертв от торговцев. 4. Каждая Сторона рассматривает вопрос о назначении национальных докладчиков или создании дру- гих механизмов для наблюдения за деятельностью государственных структур по противодействию торгов- ле людьми и соблюдением требований национального законодательства.
Статья 30. Судебное разбирательство В соответствии с Конвенцией о защите прав человека и основных свобод, в частности ее статьей 6, каж- дая Сторона принимает такие законодательные или другие меры, которые могут потребоваться для обеспе- чения в ходе судебного разбирательства: а) защиты частной жизни жертв и, в соответствующих случаях, их личности; b) безопасности жертв и их защиты от запугивания при соблюдении условий, предусмотренных ее вну- тренним правом, а в отношении ставшего жертвой ребенка – с учетом особых потребностей детей и при обеспечении их права на пользование специальными мерами защиты.
Статья 31. Юрисдикция 1. Каждая Сторона принимает такие законодательные и другие меры, которые могут потребоваться для установления своей юрисдикции в отношении любого уголовно наказуемого деяния, признанного в каче- стве такового в соответствии с настоящей Конвенцией, в случаях, когда это деяние совершено: а) на ее территории; или b) на борту судна, плавающего под флагом этой Стороны; или c) на борту летательного аппарата, зарегистрированного в соответствии с законами этой Стороны; или d) ее гражданином или лицом без гражданства, которое обычно проживает на ее территории, если это деяние подлежит наказанию в соответствии с уголовным правом там, где оно было совершено, или если оно не подпадает под территориальную юрисдикцию никакого государства; e) в отношении её гражданина. 2. Каждая Сторона может при подписании или сдаче на хранение своей ратификационной грамоты или документа о принятии, одобрении или присоединении в заявлении на имя Генерального секретаря Совета Европы указать, что она оставляет за собой право не применять или применять только в определенных случаях или при определенных условиях правила в отношении установления юрисдикции, содержащиеся в подпунктах «d» и «e» пункта 1 настоящей статьи или какой-либо их части. 3. Каждая Сторона принимает такие меры, которые могут потребоваться для установления своей юрис- дикции в отношении преступлений, охватываемых настоящей Конвенцией, в тех случаях, когда предпола- гаемый преступник находится на ее территории и не может быть выдан другой Стороне исключительно в силу его гражданства, после получения просьбы о выдаче. 4. Если несколько Сторон заявляют о своей юрисдикции в отношении предполагаемого преступления, признанного в качестве такового в соответствии с настоящей Конвенцией, эти Стороны проводят, в надле- жащих случаях, консультации в целях определения наиболее подходящей юрисдикции для осуществления судебного преследования. 5. Без ущерба для норм общего международного права настоящая Конвенция не исключает никакой уголовной юрисдикции, осуществляемой Стороной в соответствии с её внутренним правом.
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Глава VI. МЕЖДУНАРОДНОЕ СОТРУДНИЧУСТВО И ВЗАИМОДЕЙСТВИЕ С ГРАЖДАНСКИМ ОБЩЕСТВОМ Статья 32. Общие принципы и меры международного сотрудничества 1. Стороны в максимально возможной степени сотрудничают друг с другом в соответствии с положе- ниями настоящей Конвенции и применяя соответствующие применимые международные и региональные инструменты, договоренности, основанные на единообразном или согласованном законодательстве, и свое внутреннее право в целях: - предотвращения и пресечения торговли людьми; - защиты жертв и оказания им помощи; - проведения расследований и осуществления производства по делам о преступлениях, при- знанных в качестве таковых в соответствии с настоящей Конвенцией.
Статья 33. Меры в отношении угрожаемых или пропавших без вести лиц 1. Если Сторона, на основе имеющейся в ее распоряжении информации, имеет разумные основания по- лагать, что жизни, свободе или физической неприкосновенности лица, упомянутого в пункте 1 Статьи 28, угрожает непосредственная опасность на территории другой Стороны, она в этом чрезвычайном случае безотлагательно передает эту информацию последней с целью принятия ею соответствующих мер защиты. 2. Стороны настоящей Конвенции могут предусмотреть усиление их взаимодействия в поисках про- павших без вести лиц , особенно детей, если имеющаяся в их распоряжении информация дает основания полагать, что они стали жертвами торговли людьми. С этой целью Стороны могут заключать между собой двусторонние или многосторонние договоры.
Статья 34. Информация 1. Запрашиваемая Сторона незамедлительно информирует запрашивающую Сторону об окончательном результате, достигнутом в связи с принятием мер в соответствии с настоящей главой. Запрашиваемая Сто- рона также незамедлительно информирует запрашивающую Сторону о любых обстоятельствах, делающих невозможным выполнение требуемых мер или обуславливающих его существенную отсрочку. 2. Сторона может, в пределах, допускаемых ее внутренним законодательством, по собственной иници- ативе предоставить другой Стороне информацию, полученную ею в результате проведения собственных расследований, если она полагает, что это могло бы способствовать возбуждению или осуществлению полу- чающей Стороной расследований или разбирательств в отношении преступлений, признанных в качестве таковых в соответствии с настоящей Конвенцией, или могло бы вести к направлению этой Стороной запро- са о сотрудничестве в соответствии с настоящей главой. 3. До направления такой информации предоставляющая её Сторона может потребовать сохранения ее конфиденциальности или использования только под определенными условиями. Если получающая Сторона не может удовлетворить такое требование, она уведомляет об этом предоставляющую Сторону, которая в этом случае определяет, должна ли информация все же быть предоставлена. Если получающая Сторона при- нимает информацию, предоставленную под условиями, она обязана придерживаться их. 4. Любая запрашиваемая информация, имеющая отношение к статьям 13, 14 и 16, и необходимая для предоставления перечисленных в них прав, незамедлительно направляется по запросу заинтересованной Стороны при должном соблюдении Статьи 11 настоящей Конвенции.
Статья 35. Взаимодействие с гражданским обществом Каждая Сторона способствует осуществлению сотрудничества её государственных органов и должност- ных лиц с неправительственными и другими соответствующими организациями, а также членами граждан- ского общества в целях установления отношений стратегического партнерства, направленного на достиже- ние целей настоящей Конвенции.
Глава VII. МЕХАНИЗМ КОНТРОЛЯ Статья 36. Группа экспертов по вопросам противодействия торговле людьми 1. Контроль за выполнением настоящей Конвенции Сторонами осуществляет Группа экспертов по во- просам противодействия торговле людьми (далее именуемая “ГРЕТА”). 2. ГРЕТА состоит минимум из 10 и максимум из 15 членов. При формировании состава ГРЕТА учитыва- ются гендерная и географическая сбалансированность а также многодисциплинарный характер знаний экс- пертов. Её члены избираются Комитетом министров из числа граждан государств, являющихся Сторонами настоящей Конвенции, сроком на четыре года с возможным переизбранием на один срок.
15 Торговля людьми и равенство полов в Молдове
3. Выборы членов ГРЕТА проводятся на основе следующих принципов: а) они избираются из числа лиц, обладающими высокими моральными качествами, известных своей при- знанной компетентностью в области прав человека, оказания помощи и защиты жертв, противодействия тор- говле людьми или обладающих профессиональным опытом в областях, охватываемых настоящей Конвенцией; b) они заседают в своем личном качестве, независимы и беспристрастны при осуществлении своего ман- дата и обладают готовностью к выполнению своих обязанностей эффективным образом; с) два гражданина одного государства не могут быть членами ГРЕТА; d) они должны представлять основные правовые системы. 4. Процедура избрания членов ГРЕТА определяется Комитетом министров после консультаций со Сто- ронами Конвенции и получения их единогласного одобрения в течение одного года после вступления в силу настоящей Конвенции. ГРЕТА принимает собственные правила процедуры.
Статья 37. Комитет Сторон 1. Комитет Сторон состоит из представителей в Комитете министров Совета Европы государств-членов, яв- ляющихся Сторонами Конвенции, и представителей Сторон Конвенции, не являющихся членами Совета Европы. 2. Заседания Комитета Сторон созываются Генеральным Секретарем Совета Европы. Его первое заседа- ние проводится в течение одного года после вступления в силу настоящей Конвенции с целью произвести выборы членов ГРЕТА. В последующем он собирается на свои заседания по просьбе одной трети Сторон, Председателя ГРЕТА или Генерального секретаря. 3. Комитет Сторон принимает собственные правила процедуры.
Статья 38. Процедура 1. Процедура оценки распространяется на Стороны Конвенции и разбивается на циклы, продолжитель- ность которых определяет ГРЕТА. В начале каждого цикла ГРЕТА отбирает конкретные положения, кото- рые кладутся в основу процедуры оценки. 2. ГРЕТА определяет методы осуществления оценки, наиболее отвечающие её задачам. ГРЕТА, в частно- сти, может утверждать для каждого цикла вопросник, который будет служить ориентиром для оценки хода выполнения Сторонами настоящей Конвенции. Этот вопросник направляется всем Сторонам. Стороны представляют ответы на вопросник, а также на любой другой запрос информации, полученный от ГРЕТА. 3. ГРЕТА может обращаться за информацией к гражданскому обществу. 4. ГРЕТА может, во взаимодействии с национальными властями и с назначенным ими “контактным ли- цом”, а также, если это является необходимым, опираясь на помощь независимых национальных экспертов, организовывать визиты в страны с целью сбора дополнительной информации. В ходе этих визитов ГРЕТА может прибегать к помощи специалистов в конкретных областях. 5. ГРЕТА готовит проект доклада, содержащий анализ выполнения положений Конвенции, на основе которых производится оценка, а также предложения и рекомендации в отношении способов, к которым за- интересованная Сторона могла бы прибегнуть для решения выявленных проблем. Проект доклада направ- ляется Стороне, в отношении которой осуществляется процедура оценки, для подготовки комментариев. Эти комментарии принимаются во внимание ГРЕТА при подготовке доклада. 6. На этой основе ГРЕТА принимает доклад и заключения относительно предпринимаемых заинтере- сованной Стороной мер по выполнению положений настоящей Конвенции. Эти доклад и заключения на- правляются заинтересованной Стороне и Комитету Сторон. Доклад и заключения ГРЕТА публикуются с момента их принятия вместе с возможными комментариями заинтересованной Стороны. 7. Без ущерба для процедуры, предусмотренной в пунктах 1-6 настоящей статьи, Комитет Сторон может принимать на основе доклада и заключений ГРЕТА в отношении соответствующей Стороны рекомендации, (а) касающиеся мер, к которым она могла бы прибегнуть для реализации в своей практике заключений ГРЕТА, устанавливая, в случае необходимости, дату представления информации по их реализации, и (b) имеющие целью содействовать сотрудничеству с этой Стороной по выполнению настоящей Конвенции.
Глава VIII. СВЯЗЬ С ДРУГИМИ МЕЖДУНАРОДНЫМИ ИНСТРУМЕНТАМИ Статья 39. Связь с Протоколом о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющим Конвенцию Организации Объединенных Наций против транснациональной организованной преступности Настоящая Конвенция не затрагивает прав и обязанностей, вытекающих из положений Протокола о пред- упреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняю-
16 дополнительные нормативные акты
щего Конвенцию Организации Объединенных Наций против транснациональной организованной преступ- ности, и направлена на усиление предусматриваемой им защиты и развитие содержащихся в нем стандартов.
Статья 40. Связь с другими международными инструментами 1. Настоящая Конвенция не затрагивает прав и обязанностей, вытекающих из других международных инструментов, участниками которых являются или станут Стороны, и содержащих положения, относящие- ся к областям регулирования настоящей Конвенции и обеспечивающих большую защиту и предоставление помощи жертвам торговли. 2. Стороны Конвенции могут заключать двусторонние или многосторонние соглашения друг с другом по вопросам, регулируемым настоящей Конвенции, с целью дополнения или усиления ее положений или содействия применению закрепленных в ней принципов. 3. Стороны, являющиеся членами Европейского союза, применяют в отношениях между собой правила Сообщества и Европейского союза в той мере, в какой существуют правила Сообщества и Европейского союза, регулирующие соответствующий конкретный предмет и применимые к конкретному случаю, без ущерба для объекта и цели настоящей Конвенции и без ущерба для её полного применения в отношениях с другими Сторонами. 4. Ничто в настоящей Конвенции не затрагивает прав, обязательств и ответственности государств и от- дельных лиц согласно международному праву, включая международное гуманитарное право и международ- ное право в области прав человека и, в частности, когда это применимо, Конвенцию 1951 года и Протокол 1967 года, касающиеся статуса беженцев, и принцип невыдворения, закрепленный в них.
Глава IX. ПОПРАВКИ К КОНВЕНЦИИ Статья 41. Поправки 1. Любое предложение о поправке к настоящей Конвенции, сделанное той или иной Стороной, доводится до сведения Генерального секретаря Совета Европы и препровождается последним государствам-членам Совета Европы, любому подписавшему Конвенцию государству, любому государству, являющемуся, Сто- роной, Европейскому сообществу, любому государству, которому предложено подписать настоящую Кон- венцию в соответствии с положениями статьи 42, а также любому государству, которому предложено при- соединиться к настоящей Конвенции в соответствии с положениями статьи 43. 2. Любая поправка, предложенная той или иной Стороной, препровождается ГРЕТА, которая представляет Комитету министров свое заключение относительно этой предлагаемой поправки. 3. Комитет министров рассматривает предлагаемую поправку и заключение, представленное ГРЕТА, и по- сле консультаций со Сторонами Конвенции и в случае получения их единогласного одобрения может при- нять эту поправку. 4. Текст любой поправки, принятой Комитетом министров в соответствии с пунктом 3 настоящей статьи, препровождается Сторонам для принятия. 5. Любая поправка, принятая в соответствии с пунктом 3 настоящей статьи, вступает в силу в первый день месяца, следующего по истечении срока в один месяц, считая с даты, на которую все Стороны сообщили Генеральному секретарю о своем принятии поправки.
Глава Х. ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ Статья 42. Подписание и вступление в силу 1. Настоящая Конвенция открыта для подписания государствами- членами Совета Европы, государствами, не являющимися его членами, которые принимали участие в ее разработке, и Европейским сообществом. 2. Настоящая Конвенция подлежит ратификации, принятию или одобрению. Ратификационные грамоты, до- кументы о принятии или одобрении сдаются на хранение Генеральному секретарю Совета Европы. 3. Настоящая Конвенция вступает в силу в первый день месяца, следующего по истечении трехмесячного срока, считая с даты, на которую 10 подписавших Конвенцию государств, из которых по крайней мере 8 яв- ляются государствами-членами Совета Европы, выразят в соответствии с положениями предшествующего пункта свое согласие на обязательность для них Конвенции. 4. Если любое государство, указанное в пункте 1, или Европейское сообщество в последствии выразят свое согласие на обязательность для них настоящей Конвенции, она вступит в силу для них в первый день ме- сяца, следующего по истечении трехмесячного срока, считая с даты сдачи на хранение ратификационной грамоты, документа о присоединении или одобрении.
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Статья 43. Присоединение к Конвенции 1. После вступления настоящей Конвенции в силу Комитет министров Совета Европы может после консультаций со Сторонами Конвенции и в случае получения их единогласного одобрения предложить лю- бому государству, не являющемуся членом Совета Европы, которое не участвовало в разработке настоя- щей Конвенции, присоединиться к Конвенции на основании решения, принятого большинством голосов, предусмотренным в статье 20 «d» Устава Совета Европы, и при условии единства голосов представителей Сторон, имеющих право на членство в Комитете министров. 2. Для любого государства, присоединившегося к Конвенции, Конвенция вступает в силу в первый день месяца, следующего по истечении трехмесячного срока, считая с даты сдачи на хранение Генеральному се- кретарю Совета Европы документа о присоединении.
Статья 44. Территориальное применение 1. Любое государство или Европейское сообщество может при подписании или сдаче на хранение ра- тификационной грамоты, документа о принятии, одобрении или присоединении указать территорию или территории, на которые распространяется действие настоящей Конвенции. 2. Любая Сторона может в любой последующий момент путем направления заявления на имя Гене- рального секретаря Совета Европы распространить действие настоящей Конвенции на любую другую ука- занную в заявлении территорию, за внешние сношения которой она несет ответственность или от имени которой она уполномочена принимать на себя обязательства. В отношении этой территории Конвенция вступает в силу в первый день месяца, следующего по истечении трехмесячного срока, считая с даты по- лучения такого заявления Генеральным секретарем. 3. Любое заявление, сделанное в соответствии с двумя предыдущими пунктами, может быть отозвано в отношении любой территории, указанной в таком заявлении, путем уведомления Генерального секретаря Совета Европы. Отзыв вступает в силу в первый день месяца, следующего по истечении трехмесячного сро- ка, считая с даты получения такого уведомления Генеральным секретарем.
Статья 45. Оговорки В отношении положений настоящей Конвенции не допускаются никакие оговорки за исключением преду- смотренной в пункте 2 статьи 31.
Статья 46. Денонсация 1. Любая Сторона может в любое время денонсировать настоящую Конвенцию путем направления уве- домления Генеральному секретарю Совета Европы. 2. Такая денонсация вступает в силу в первый день месяца, следующего по истечении трехмесячного срока, считая с даты получения уведомления Генеральным секретарем.
Статья 47. Уведомление Генеральный секретарь Совета Европы уведомляет государства - члены Совета Европы, любое подпи- савшее Конвенцию государство, любое государство, являющееся Стороной, Европейское сообщество, лю- бое государство, которому предложено подписать настоящую Конвенцию в соответствии с положениями статьи 42, любое государство, которому предложено присоединиться к настоящей Конвенции в соответ- ствии с положениями статьи 43: а) о любом подписании; b) о любой сдаче на хранение ратификационной грамоты, документа о принятии, одобрении или при- соединении; с) о любой дате вступления в силу настоящей Конвенции в соответствии со статьями 42 и 43; d) о любой поправке, принятой в соответствии со статьей 41, и о дате вступления такой поправки в силу; е) о любой денонсации, осуществленной в соответствии с положениями статьи 46; f) о любом другом действии, уведомлении или сообщении, касающемся настоящей Конвенции. g) о любой оговорке, сделанной в соответствии со статьей 45.
В удостоверении чего нижеподписавшиеся, должным образом на то уполномоченные, подписали на- стоящую Конвенцию. Совершено в Варшаве 16 мая 2005 года, на английском и французском языках, причем оба текста имеют одинаковую силу, в одном экземпляре, который сдается на хранение в архив Совета Европы. Генеральный секретарь Совета Европы препровождает заверенные копии каждому государству - члену Совета Европы, государствам, не являющимся членами Совета Европы, которые принимали участие в разработке настоя- щей Конвенции, Европейскому сообществу и любому Государству, которому будет предложено присоеди- ниться к настоящей Конвенции.
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2. КОНВЕНЦИЯ о ликвидации всех форм дискриминации в отношении женщин
Заключительные замечания Комитета по ликвидации дискриминации в отношении женщин: Республика Молдова 1. Комитет рассмотрел сводный второй и третий периодический доклад Республики Молдова (CEDAW/C/ MDA/2-3) на своих 749-м и 750-м заседаниях 16 августа 2006 года (см. CEDAW/C/SR.749 и 750). Перечень тем и вопросов Комитета содержится в CEDAW/C/MDA/ Q/3, а ответы Республики Молдова - в CEDAW/C/ MDA/Q/3/Add.l.
Введение 2. Комитет выражает свою признательность государству-участнику за его сводный второй и третий перио- дический доклад, который составлен в соответствии с руководящими принципами Комитета, касающимися подготовки докладов, однако сожалеет, что государство-участник представило недостаточное количество ста- тистической информации с разбивкой по полу. Комитет отдает должное государству-участнику за представ- ление в письменном виде ответов на перечень тем и вопросов, поднятых предсессионной рабочей группой. 3. Комитет выражает свою признательность государству-участнику за состоявшийся конструктивный ди- алог с делегацией во главе с руководителем департамента социальной помощи министерства труда и социаль- ной защиты, за стремление делегаций ответить на все вопросы, заданные в устной форме членами Комитета. 4. Комитет отдает должное государству-участнику за присоединение в феврале 2006 года к Факультатив- ному протоколу к Конвенции о ликвидации всех форм дискриминации в отношении женщин. 5. Комитет принимает к сведению тот факт, что переход от системы централизованного планирования к свободной рыночной экономике сопряжен со значительными трудностями в экономической и социальной областях, которые легли тяжелым бременем на плечи женщин.
Позитивные аспекты 6. Комитет отдает должное государству-участнику за проведение законодательной реформы для содействия обеспечению гендерного равенства, в частности за принятие Закона об обеспечении равных возможностей для мужчин и женщин и Закона о предупреждении торговли людьми и борьбе с ней; за внесение поправок в Уголов- ный кодекс 2002 года, в Кодекс о труде 2003 года и Гражданский кодекс 2002 года, а также за организованное в настоящее время обсуждение проекта закона о предупреждении насилия в семье и борьбе с ним. 7. Комитет также отдает должное государству-участнику за принятие целого комплекса национальных планов и создание организационных механизмов мониторинга, имеющих большое значение для улучшения положения женщин и поощрения их прав в различных областях, в том числе национального плана действий по обеспечению гендерного равенства на периоды 2003-2005 и 20062009 годов; национального плана по преду- преждению торговли людьми и борьбе с нею, принятого в 2001 году и скорректированного в 2005 году; внедре- ние в марте 2006 года национальной системы защиты жертв торговли людьми и оказания им социальной по- мощи; стратегии обеспечения занятости рабочей силы; национальной программы помощи в области охраны репродуктивного здоровья и планирования семьи на 1999-2003 годы; постановления правительства № 288 от марта 2005 года о целях в области развития, сформулированных в Декларации тысячелетия (2005-2015 годы); и стратегии по содействию развитию мелких и средних предприятий на период 2006-2008 годов. 8. Комитет приветствует продолжающееся сотрудничество государства-участника с женскими неправи- тельственными организациями в вопросах разработки законов, планов и осуществления другой деятельно- сти, направленной на ликвидацию дискриминации в отношении женщин и поощрение гендерного равенства.
Основные области озабоченности и рекомендации
9. Напоминая об обязанности государства-участника систематически и непрерывно выполнять все положения Конвенции, Комитет считает, что начиная с настоящего момента и вплоть до представления его следующего периодического доклада государство-участник должно уделять первоочередное внима- ние озабоченностям и рекомендациям, высказанным в настоящих заключительных замечаниях. Поэ- тому Комитет призывает государство-участник при осуществлении своей деятельности сосредоточить
19 Торговля людьми и равенство полов в Молдове
внимание на этих областях и представить информацию о принятых мерах и достигнутых результатах в своем следующем периодическом докладе. Он призывает государство-участник направить настоящие заключительные замечания всем соответствующим министерствам и парламенту, для того чтобы они были в полной мере учтены и по ним были приняты необходимые меры. 10. Комитет обеспокоен тем, что у государства-участника нет всеобъемлющего подхода к разработке по- литики и программ по осуществлению положений Конвенции и обеспечению равенства женщин и мужчин, и подчеркивает необходимость заняться решением проблем как прямой, так и косвенной дискриминации в отношении женщин. 11. Комитет рекомендует, чтобы государство-участник обеспечило всеобъемлющий подход к осущест- влению положений Конвенции, который охватывал бы все стратегии и программы, направленные на до- стижение формального и реального равенства женщин и мужчин. Комитет рекомендует осуществлять стратегию учета гендерной проблематики во всех государственных учреждениях, в рамках любой поли- тики и программ и подкрепить ее мероприятиями по профессиональной подготовке по гендерным вопро- сам и назначением надлежащего числа координаторов как на национальном, так и на местном уровнях. 12. Комитет обеспокоен тем, что частые преобразования организационных структур и замена сотрудни- ков, работающих в структуре национального механизма по улучшению положения женщин, препятствуют достижению более эффективных результатов в обеспечении гендерного равенства и улучшении положения женщин. Он также обеспокоен тем, что национальный механизм, ответственный за улучшение положе- ния женщин, по-прежнему не имеет необходимых полномочий и не обеспечен надлежащими людскими и финансовыми ресурсами. Кроме того, Комитет обеспокоен тем, что в органах местного управления ликви- дированы должности координаторов по гендерным вопросам. 13. Комитет рекомендует, чтобы государство-участник в срочном порядке укрепило национальный механизм по улучшению положения женщин, активизировав его деятельность, расширив его полномо- чия по принятию решений и предоставив в его распоряжение больше людских и финансовых ресурсов для того, чтобы он мог более эффективно выполнять возложенные на него функции, активизировать свою деятельность на национальном и местном уровнях и усилить координацию между всеми соответ ствующими механизмами и организациями на национальном и местном уровнях. Комитет настоятель- но призывает государство-участник восстановить в органах местного управления должность коорди- натора по гендерным вопросам. 14. Приветствуя включение, согласно заявлению делегации, в Закон об обеспечении равных возможностей для мужчин и женщин концепций учета гендер-ной проблематики, прямой и косвенной дискриминации по признаку пола, конструктивных действий, гендерного равенства и сексуального домогательства, Комитет все же выражает сожаление тем, что в Законе не предусмотрены механизмы, обеспечивающие его выполнение, и меры юридической защиты в случаях его нарушений. Он обеспокоен также тем, что государство-участник не выделило надлежащие финансовые ресурсы для выполнения Закона. 15. Комитет призывает государство-участник обеспечить выполнение в полном объеме Закона об обеспечении равных возможностей для мужчин и женщин, осуществлять контроль за результатами его выполнения и установить наказания за его нарушение. Он также рекомендует, чтобы государство- участник приняло в соответствии с пунктом 1 статьи 4 Конвенции и общей рекомендацией 25 Комите- та эффективные временные специальные меры для скорейшего достижения фактического равенства мужчин и женщин во всех областях, в частности в том, что касается участия женщин в процессе при нятия решений и их доступа к трудоустройству и образованию. 16. Комитет обеспокоен тем, что общество в целом, и в частности работники судебной системы, сотруд- ники правоохранительных органов и сами женщины, плохо знают положения Конвенции, Факультативно- го протокола к ней и процедуры их осуществления и применения, да и сами права человека женщин, о чем свидетельствует отсутствие какого-либо упоминания Конвенции в решениях судов. 17. Комитет настоятельно призывает государство-участник разработать учебные программы и про- граммы профессиональной подготовки для ознакомления с положениями Конвенции и ее Факульта- тивного протокола, в частности, членов парламента, работников судебной системы, представителей юридической профессии, сотрудников полиции и других правоохранительных органов. Он рекомен- дует организовать проведение рассчитанных на женщин информационных и просветительских кампа- ний, чтобы женщины лучше знали свои права человека и активно использовали процедуры и средства защиты в случаях их нарушения. 18. Комитет по-прежнему весьма озабочен сохранением в Республике Молдова патриархальных пред- ставлений и глубоко укоренившихся стереотипов, касающихся роли и обязанностей женщин и мужчин в семье и обществе, что отрицательно отражается на положении женщин, в частности, на рынке труда и на их участии в политической и общественной жизни.
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19. Комитет настоятельно призывает государство-участник обеспечить распространение инфор- мации о содержании Конвенции в системе образования путем отражения гендерной проблематики в учебниках и учебных программах на всех уровнях и обеспечения подготовки по гендерным вопросам учителей, с тем чтобы добиться изменения стереотипов и представлений о роли женщин и мужчин в семье и обществе. Он рекомендует также организовать проведение информационных и просветитель- ских кампаний как среди женщин, так и мужчин и способствовать тому, чтобы средства массовой ин- формации утверждали положительный образ женщин и необходимость обеспечения равноправия и справедливого распределения обязанностей между женщинами и мужчинами как в частной жизни, так и в жизни общества. 20. Комитет обеспокоен последствиями экономических преобразований для женщин и все большей «фе- минизацией» нищеты, особенно распространением нищеты среди уязвимых групп женщин, таких, в част- ности, как женщины, проживающие в сельских районах, одинокие женщины - главы домашних хозяйств, женщины, принадлежащие к этническим группам, в частности женщины-рома, женщины-инвалиды и по- жилые женщины. Он сожалеет о том, что в Целях в области развития Республики Молдова, в которых в связи с первыми восемью целями в области развития, сформулированными в Декларации тысячелетия, предусма- тривается прежде всего покончить с нищетой и голодом, совершенно не отражена гендерная проблематика. 21. Комитет просит государство-участник изучить последствия экономических преобразований для женщин и обеспечить, чтобы все стратегии и программы сокращения масштабов нищеты были много- плановыми, учитывали гендерную проблематику и были направлены на конкретные группы женщин и учитывали их особые потребности и многообразные формы дискриминации, которой они подвер- гаются, и представить в своем следующем периодическом докладе информацию о принятых мерах и результатах, достигнутых в деле улучшения экономического положения женщин, особенно тех, что принадлежат к уязвимым группам, таким, как женщины, проживающие в сельских районах, одинокие женщины - главы домашних хозяйств, женщины, принадлежащие к этническим группам, в частности женщины-рома, женщины-инвалиды и пожилые женщины. 22. Комитет по-прежнему обеспокоен непрекращающимся в Республике Молдова насилием в отноше- нии женщин, в частности насилием в семье. Он обеспокоен отсутствием последних с разбивкой по полу данных о всех формах насилия в отношении женщин. Принимая с удовлетворением к сведению факт раз- работки проекта закона о предупреждении насилия в семье и борьбе с ним, Комитет все же обеспокоен тем, что в этом проекте недостаточно четко прописаны меры по судебному преследованию и наказанию вино- вных. Комитет также обеспокоен тем, что проблема насилия в семье, в частности изнасилования в браке, по-прежнему считается делом частным. 23. Комитет вновь подтверждает свою рекомендацию, которую он сделал по результатам рассмотре- ния первоначального доклада государства-участника*, и настоятельно призывает государство-участник уделить, в соответствии с его общей рекомендацией 19, первоочередное внимание осуществлению все- объемлющих мер, призванных покончить с насилием в отношении женщин в семье и в обществе. Ко- митет призывает государство-участник в срочном порядке принять проект закона о предупреждении насилия в семье и борьбе с ним и обеспечить оперативное судебное преследование и серьезное наказа- ние виновных в совершении насилия в отношении женщин. Комитет призывает государство-участник обеспечить всем женщинам-жертвам насилия в семье доступ к средствам по безотлагательной компен- сации ущерба и защиты, включая охранные судебные приказы, а также доступ к достаточному числу надежных приютов и юридической помощи. Он призывает государство-участник обеспечить надлежа- щее ознакомление должностных лиц, особенно сотрудников правоохранительных органов, работников судебной системы, медицинских учреждений и социальных работников, с применимыми правовыми положениями и чтобы они были осведомлены о всех формах насилия в отношении женщин и прини- мали надлежащие меры для борьбы с ним. Он настоятельно призывает государство-участник провести исследование о масштабах, причинах и последствиях всех форм насилия в отношении женщин, вклю- чая насилие в семье, чтобы использовать его результаты для принятия всеобъемлющих и целенаправ ленных мер, и сообщить о результатах такого исследования в его следующем периодическом докладе. 24. Отдавая должное усилиям, предпринимаемым для борьбы с торговлей людьми, в том числе путем принятия закона и национального плана по предупреждению торговли людьми и борьбе с ней, создания Национального комитета по борьбе с торговлей людьми и пересмотра Уголовного кодекса, Комитет вме- сте с тем выражает обеспокоенность усиливающейся в Республике Молдова, которая по-прежнему явля- ется главным образом страной происхождения, тенденцией расширения масштабов незаконной торговли молодыми женщинами и девочками в целях сексуальной эксплуатации. Комитет, кроме того, обеспокоен
* См. Официальные отчеты Генеральной Ассамблеи, пятьдесят пятая сессия, Дополнение № 38 (А/55/38), пункты 67-117.
21 Торговля людьми и равенство полов в Молдове
отсутствием надлежащих мер по обеспечению выполнения законодательных положений и недостаточными мерами для осуществления уголовного преследования торговцев и обеспечения защиты и помощи жертвам. 25. Комитет призывает государство-участник активизировать свои усилия по борьбе с торговлей людьми и сексуальной эксплуатацией женщин и девочек путем устранения коренных причин, одной из которых является отсутствие экономической безопасности. Он рекомендует, чтобы государство- участник усилило меры по улучшению социального и экономического положения женщин, в частности женщин, проживающих в сельских районах, чтобы они больше не были потенциальными жертвами тор- говли людьми, и обеспечить услуги по реабилитации и реинтеграции жертв торговли. Он настоятельно призывает государство-участник обеспечить надлежащее финансирование мероприятий по осущест- влению национального плана, чтобы ответственность за его осуществление не перекладывалась в зна- чительной мере на неправительственные организации, и обеспечить также судебное преследование и наказание по всей строгости закона виновных в торговле людьми и сексуальной эксплуатации женщин и девочек. Комитет также призывает государство-участник активизировать международное, региональ- ное и двустороннее сотрудничество со странами транзита и назначения в сфере торговли женщинами и девочками, чтобы еще больше ограничить масштабы этого явления. Он просит государство-участник представить в его следующем докладе детальную информацию, в том числе статистические данные, о тенденциях в торговле людьми, о рассмотрении дел в судах, об уголовном преследовании виновных и оказании помощи жертвам, а также о результатах, достигнутых в сфере предупреждения. 26. Приветствуя достигнутый определенный прогресс, Комитет выражает обеспокоенность по поводу того, что лишь немногие женщины занимают руководящие должности в политической и государственной сферах, включая парламент, гражданскую службу и судебные органы. Он также озабочен в связи с низкой представленностью женщин на руководящих должностях во внешнеполитической службе. Комитет выра- жает беспокойство в связи с тем, что, несмотря на ранее принятые рекомендации, в этой области не при- меняются временные специальные меры. 27. Комитет рекомендует государству-участнику осуществить меры по повышению числа женщин на руководящих должностях, в частности на местном уровне, в парламенте, политических партиях, судебных органах и в гражданской службе, включая внешнеполитическую службу. Он рекомендует государству- участнику определить конкретные задачи и установить график ускорения процесса обеспечения полно- правного участия женщин в общественной и политической жизни на всех уровнях. Государство-участ ник должно принять временные специальные меры в соответствии с пунктом 1 статьи 4 Конвенции и общей рекомендацией 25 Комитета о временных специальных мерах и учесть общую рекомендацию 23 Комитета об участии женщин в политической и общественной жизни. Комитет настоятельно призыва- ет государство-участник осуществить пропагандистские кампании по поощрению участия женщин в общественной жизни и создать социальные условия для такого участия, в том числе с помощью мер по совмещению обязанностей в личной и общественной жизни. Он призывает государство-участник дове- сти до общества в целом важность полного и равноправного участия женщин в осуществлении руково- дящих функций на всех уровнях принятия решений в отношении развития страны. 28. Комитет выражает озабоченность по поводу положения женщин на рынке труда, который, несмотря на высокий уровень образованности женщин, характеризуется постоянным ростом безработицы среди них, концентрацией женщин на низкооплачиваемых должностях в государственном секторе, например в здра- воохранении, социальном обеспечении и образовании, и разницей в вознаграждении между женщинами и мужчинами как в государственном, так и частном секторах. Комитет обеспокоен тем, что государствен- ное трудовое законодательство, которое является чрезмерно протекционистским, в частности в отношении беременных женщин, и ограничивает их участие в ряде областей, может создать препятствия для выхода женщин на рынок труда, особенно в частном секторе, и привести к закреплению гендерных стереотипов. Комитет также озабочен тем обстоятельством, что важные сектора, которые традиционно рассматриваются в качестве «мужских», например оборона и полиция, по-прежнему недоступны для женщин. 29. Комитет настоятельно призывает государство-участник обеспечить равные возможности женщи- нам и мужчинам на рынке труда, в частности путем принятия временных специальных мер в соответ- ствии с пунктом 1 статьи 4 Конвенции и общей рекомендацией 25, касающейся этих мер. Комитет на- стоятельно призывает государство-участник активизировать свои усилия по обеспечению того, чтобы все программы по созданию рабочих мест и снижению остроты проблемы нищеты учитывали гендер- ные факторы и чтобы женщины могли в полной мере воспользоваться преимуществами всех программ в поддержку предпринимательства. Он рекомендует усилить работу по устранению профессиональной сегрегации как в горизонтальной, так и вертикальной плоскостях, а также по сокращению и ликвида- ции разницы в вознаграждении между женщинами и мужчинами, в частности посредством введения дополнительных надбавок в тех государственных секторах, где заняты преимущественно женщины.
22 дополнительные нормативные акты
Комитет рекомендует государству-участнику проводить регулярные обзоры своего законодательства в соответствии с пунктом 3 статьи 11 Конвенции в целях сокращения числа препятствий, с которыми стал- киваются женщины на рынке труда. Он призывает государство-участник отслеживать эффективность принятых мер и достигнутые результаты и сообщить о них в его следующем периодическом докладе. 30. Комитет выражает свою озабоченность по поводу состояния здоровья женщин, особенно их репро- дуктивного здоровья. Отдавая должное снижению уровня материнской смертности в последнее время, он отмечает, что этот показатель по-прежнему является высоким по сравнению с другими странами регио- на, в частности среди женщин в сельских районах. Он также обеспокоен большим количеством абортов и их применением в качестве средства контроля над рождаемостью, а особенно ситуацией с небезопасными абортами, которые повышают риск материнской смертности. Он также обеспокоен широким распростра- нением анемии среди женщин, высокими темпами распространения инфекции ВИЧ/СПИДа и заболева- ний, передаваемых половым путем. Комитет выражает беспокойство в связи с расширением потребления женщинами табачных изделий и наркотических средств. 31. Комитет рекомендует сосредоточить усилия на улучшении репродуктивного здоровья жен- щин. В частности, он призывает правительство способствовать повышению социальной терпимости, наличия и применения современных средств контроля над рождаемостью для ликвидации абортов как метода планирования семьи. Комитет настоятельно призывает государство-участник в соответ- ствии с внутренним законодательством принять надлежащие меры для обеспечения женщинам до- ступа к безопасным абортам. Он рекомендует государству-участнику организовать в школах, включая профессионально-технические училища, систематическое половое воспитание. Комитет настоятельно призывает государство-участник в соответствии с внутренним законодательством принять надлежащие меры для обеспечения женщинам доступа к безопасным абортам. Он также настоятельно призывает государство-участник сделать группы высокого риска объектами стратегий профилактики ВИЧ/СПИДа и распространения заболеваний, передаваемых половым путем. Он рекомендует государству-участнику расширить сотрудничество с неправительственными и международными организациями в целях улуч- шения общего состояния здоровья женщин и девочек Молдовы. Он также просит государство-участник представить в его следующем докладе подробную информацию о табакокурении среди женщин и стати- стические данные о злоупотреблении ими алкоголем, наркотиками и другими веществами. 32. Комитет по-прежнему обеспокоен тем, что минимальный законный возраст вступления в брак для женщин составляет 16 лет, а для мужчин - 18 лет. 33. Комитет настоятельно призывает государство-участник повысить минимальный возраст всту- пления в брак для женщин до 18 лет в соответствии со статьей 16 Конвенции, общей рекомендацией 21 Комитета и Конвенцией о правах ребенка. 34. Комитет сожалеет об ограниченности статистических данных, дезагрегированных по полу, этниче- скому происхождению, возрасту, городским районам и сельской местности, что затрудняет хронологиче- скую оценку прогресса и тенденций в сфере фактического положения женщин и осуществления ими прав человека во всех областях, охваченных Конвенцией. Комитет обеспокоен тем, что отсутствие или ограни- ченность таких подробных данных может также послужить препятствием к самостоятельной разработке и осуществлению гос ударством-участником целенаправленной политики и программ и отслеживанию их эффективности в деле реализации Конвенции. 35. Комитет призывает государство-участник активизировать сбор данных во всех областях, охва- ченных Конвенцией, в целях оценки фактического положения женщин по сравнению с положением мужчин и осуществления ими своих прав человека, причем эти данные следует дезагрегировать по полу, этническому происхождению, возрасту, городским районам и сельской местности в зависимости от каждого конкретного случая. Кроме того, это необходимо для отслеживания развития тенденций во времени. Он также призывает государство-участник контролировать с помощью поддающихся измерению индикаторов эффективность законов, политики и планов действий и оценивать прогресс в фактической реализации равенства женщин. Он призывает государство-участник использовать эти данные и индикаторы при разработке законодательства, политики и программ по эффективному осу- ществлению Конвенции. Комитет просит государство-участник включить в его следующий доклад та- кие статистические данные и анализ. 36. Комитет настоятельно призывает государство-участник при осуществлении им своих обяза- тельств по Конвенции полностью использовать Пекинскую декларацию и Платформу действий, кото- рые способствуют укреплению положений Конвенции, и просит государство-участник включить соот- ветствующую информацию в его следующий периодический доклад. 37. Комитет также подчеркивает, что полное и эффективное осуществление Конвенции необходимо для достижения целей в области развития, сформулированных в Декларации тысячелетия. Он призы- вает к интеграции гендерных факторов и конкретных положений Конвенции во все усилия по достиже- нию целей в области развития, сформулированных в Декларации тысячелетия, и просит государство- участник включить соответствующую информацию в его следующий периодический доклад.
23 Торговля людьми и равенство полов в Молдове
38. Комитет отмечает, что приверженность государства семи основным международным документам в области прав человека* способствует осуществлению женщинами своих прав человека и основных свобод во всех областях жизни. Поэтому Комитет призывает правительство Республики Молдова рас- смотреть вопрос о ратификации договорно-правового документа, к которому она еще не присоедини- лась, т.е. Международной конвенции о защите прав всех трудящихся-мигрантов и членов их семей. 39. Комитет просит широко распространить в Республике Молдова настоящие заключительные за- мечания, с тем чтобы довести до сведения всего населения, включая государственных должностных лиц, политиков, членов парламента, женских и правозащитных организаций, информацию о предпринятых шагах по обеспечению равенства женщин де-юре и де-факто, а также о дальнейших шагах, необходимых в этой области. Комитет просит государство-участник по-прежнему широко распространять, в част ности среди женских и правозащитных организаций, Конвенцию, ее Факультативный протокол, общие рекомендации Комитета, Пекинскую декларацию и Платформу действий, а также итоговый документ двадцать третьей специальной сессии Генеральной Ассамблеи под названием «Женщины в 2000 году: ра- венство между мужчинами и женщинами, развитие и мир в XXI веке» (резолюция S-23/3, приложение). 40. Комитет просит государство-участник ответить на вызывающие озабоченность вопросы, изло- женные в настоящих заключительных замечаниях, в его следующем периодическом докладе в части, посвященной статье 18 Конвенции. Комитет предлагает государству-участнику представить свой чет- вертый периодический доклад, запланированный на июль 2007 года, и свой пятый периодический до- клад, запланированный на июль 2011 года, в форме объединенного доклада в июле 2011 года.
Факультативный протокол к Конвенции о ликвидации всех форм дискриминации в отношении женщин
Генеральная Ассамблея, вновь подтверждая Венскую декларацию и Программу действий и Пекинскую декларацию** и Платфор- му действий***, напоминая, что в Пекинской платформе действий в соответствии с Венской декларацией и Программой действий предусматривалась поддержка процесса, начатого Комиссией по положению женщин, в целях раз- работки проекта факультативного протокола к Конвенции о ликвидации всех форм дискриминации в отно- шении женщин****, который мог бы в ближайшее время вступить в силу в отношении права на подачу петиции, отмечая, что в Пекинской платформе действий содержится также призыв ко всем государствам, которые еще не ратифицировали Конвенцию или не присоединились к ней, сделать это как можно скорее, с тем что- бы/ можно было обеспечить всеобщую ратификацию Конвенции к 2000 году, 1. принимает и открывает для подписания, ратификации и присоединения Факультативный протокол к Конвенции, текст которого содержится в приложении к настоящей резолюции; 2. призывает все государства, которые подписали Конвенцию, ратифицировали ее или присоединились к ней, как можно скорее подписать и ратифицировать Протокол или присоединиться к нему; 3. подчеркивает, что государствам - участникам Протокола следует взять на себя обязательство уважать права и процедуры, предусмотренные Протоколом, и сотрудничать с Комитетом по ликвидации дискрими- нации в отношении женщин на всех этапах его работы в соответствии с Протоколом; 4. подчеркивает также, что при выполнении своего мандата, а также своих функций в соответствии с Протоколом Комитету следует и впредь руководствоваться принципами неизбирательности, беспристраст- ности и объективности; 5. просит Комитет проводить заседания во исполнение своих функций по Протоколу после его всту- пления в силу дополнительно к своим заседаниям, проводимым согласно статье 20 Конвенции; продолжи-
* Международный пакт об экономических, социальных и культурных правах, Международный пакт о гражданских и политических правах, Международная конвенция о ликвидации всех форм расовой дискрими- нации, Конвенция о ликвидации всех форм дискриминации в отношении женщин, Конвенция против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, Конвенция о правах ребенка и Международная конвенция о защите прав всех трудящихся-мигрантов и членов их семей. ** Доклад четвертой Всемирной конференции по положению женщин, Пекин, 4-15 сентября 1995 года (издание Организации Объединенных Наций, в продаже под na R.96.IV.13), глава I, резолюция 1, приложение I. *** там же, приложение II. **** Резолюция 34/180, приложение.
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тельность таких заседаний определяется и, при необходимости, пересматривается совещанием государств - участников Протокола и подлежит утверждению Генеральной Ассамблеей; 6. просит Генерального секретаря предоставить персонал и средства, необходимые для эффективного осуществления функций Комитета в соответствии с Протоколом после его вступления в силу; 7. просит также Генерального секретаря включать информацию о состоянии Протокола в свои очеред- ные доклады, представляемые Генеральной Ассамблее по вопросу о состоянии Конвенции.
28-е пленарное заседание, 6 октября 1999 года Приложение Факультативный протокол к Конвенции о ликвидации всех форм дискриминации в отношении женщин Государства - участники настоящего Протокола, учитывая, что Устав Организации Объединенных Наций вновь утвердил веру в основные права челове- ка, в достоинство и ценность человеческой личности и в равноправие мужчин и женщин, учитывая также, что Всеобщая декларация прав человека* провозгласила, что все люди рождаются сво- бодными и равными в своем достоинстве и правах и что каждый человек должен обладать всеми правами и всеми свободами, провозглашенными Декларацией, без какого бы то ни было различия, в том числе раз- личия в отношении пола, ссылаясь на международные пакты о правах человека** и другие международно-правовые документы по правам человека, которые запрещают дискриминацию по признаку пола, ссылаясь также на Конвенцию о ликвидации всех форм дискриминации в отношении женщин4 (“Кон- венцию”), в которой ее Государства-участники осуждают дискриминацию в отношении женщин во всех ее формах и соглашаются безотлагательно всеми соответствующими способами проводить политику ликви- дации дискриминации в отношении женщин, подтверждая свою решимость обеспечить полное и равное предоставление женщинам всех прав челове- ка и основных свобод и принимать эффективные меры по предотвращению нарушений этих прав и свобод, согласились о нижеследующем:
Статья 1 Государство - участник настоящего Протокола (“Государство-участник”) признает компетенцию Коми- тета по ликвидации дискриминации в отношении женщин (“Комитета”) принимать и рассматривать со- общения, представляемые в соответствии со статьей 2.
Статья 2 Сообщения могут направляться подпадающими под юрисдикцию Государства-участника лицами или группами лиц или от их имени, которые утверждают, что они являются жертвами нарушения этим Государством-участником какого-либо из прав, изложенных в Конвенции. Если сообщение направляется от имени отдельных лиц или групп лиц, это делается с их согласия, за исключением тех случаев, когда автор может обосновать свои действия от их имени без такого согласия.
Статья 3 Сообщения подаются в письменном в виде и не должны быть анонимными. Комитет не принимает со- общение, если оно касается Государства - участника Конвенции, которое не является участником настоя- щего Протокола.
Статья 4 1. Комитет не рассматривает сообщение, пока он не удостоверится в том, что все доступные внутренние средства правовой защиты были исчерпаны, за исключением случаев, когда применение таких средств за- щиты неоправданно затягивается или вряд ли принесет искомый результат. 2. Комитет объявляет сообщение неприемлемым, если: a) тот же вопрос уже был рассмотрен Комитетом или рассматривался или рассматривается в соответ- ствии с другой процедурой международного разбирательства или урегулирования;
* резолюция 217 A (III). ** резолюция 2200 A (XXI), приложение.
25 Торговля людьми и равенство полов в Молдове
b) оно несовместимо с положениями Конвенции; c) оно явно беспочвенно или недостаточно обоснованно; d) оно представляет собой злоупотребление правом на направление такого сообщения; e) факты, являющиеся предметом сообщения, имели место до того, как настоящий Протокол вступил в силу для соответствующего Государства-участника, если только эти факты не имели место и после упо- мянутой даты.
Статья 5 1. В любой момент после получения сообщения и до принятия решения по его сути Комитет может направить соответствующему Государству-участнику для безотлагательного рассмотрения просьбу о том, чтобы это Государство-участник приняло такие временные меры, какие могут оказаться необходимыми во избежание причинения возможного непоправимого ущерба жертве или жертвам предполагаемого наруше- ния. 2. Если Комитет осуществляет свое дискреционное право в соответствии с пунктом 1 настоящей статьи, это не означает, что он принял решение в отношении приемлемости или по сути сообщения.
Статья 6 1. За исключением тех случаев, когда Комитет считает сообщение неприемлемым без упоминания соот- ветствующего Государства-участника, и при условии, что лицо или лица согласны раскрыть свое имя или имена этому Государству-участнику, Комитет в конфиденциальном порядке доводит любое сообщение, на- правленное ему согласно настоящему Протоколу, до сведения соответствующего Государства-участника. 2. Получившее уведомление Государство-участник представляет в течение шести месяцев Комитету письменные объяснения или заявления, разъясняющие этот вопрос и любые меры, если таковые имели место, которые могли быть приняты этим Государством-участником.
Статья 7 1. Комитет рассматривает полученные в соответствии с настоящим Протоколом сообщения с учетом всей информации, представленной ему отдельными лицами или группами лиц или от их имени и соответствующим Государством-участником, если такая информация препровождена соответствующим сторонам. 2. При рассмотрении сообщений, предусматриваемых настоящим Протоколом, Комитет проводит за- крытые заседания. 3. После изучения сообщения Комитет препровождает свои мнения в отношении сообщения вместе со своими рекомендациями, если таковые имеются, соответствующим сторонам. 4. Государство-участник надлежащим образом рассматривает мнения Комитета вместе с его рекоменда- циями, если таковые имеются, и представляет Комитету в течение шести месяцев письменный ответ, в том числе информацию о любых мерах, принятых с учетом мнений и рекомендаций Комитета. 5. Комитет может предложить Государству-участнику предоставить дополнительную информацию о любых мерах, принятых Государством-участником в ответ на его мнения или рекомендации, если таковые имеются, в том числе, если Комитет сочтет это уместным, в последующих докладах Государства-участника, представляемых в соответствии со статьей 18 Конвенции.
Статья 8 1. Если Комитет получает достоверную информацию, свидетельствующую о серьезных или системати- ческих нарушениях Государством-участником прав, изложенных в Конвенции, Комитет предлагает этому Государству-участнику сотрудничать в изучении информации и в этой связи представить замечания в от- ношении соответствующей информации. 2. С учетом любых замечаний, которые могут быть представлены заинтересованным Государством- участником, а также любой другой достоверной информации, имеющейся у него, Комитет может назна- чить одного или нескольких своих членов для проведения расследования и срочного представления доклада Комитету. В тех случаях, когда это оправданно, и с согласия Государства-участника расследование может включать посещение его территории. 3. После изучения результатов такого расследования Комитет препровождает эти результаты соответ- ствующему Государству-участнику вместе с любыми замечаниями и рекомендациями. 4. В течение шести месяцев с момента получения результатов, замечаний и рекомендаций, препрово- жденных Комитетом, соответствующее Государство-участник представляет ему свои замечания. 5. Такое расследование проводится конфиденциально, и на всех этапах этой работы принимаются меры по обеспечению сотрудничества со стороны этого Государства-участника.
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Статья 9 1. Комитет может предложить соответствующему Государству-участнику включить в свой доклад, пред- ставляемый в соответствии со статьей 18 Конвенции, подробную информацию о любых мерах, принятых в связи с расследованием, проведенным в соответствии со статьей 8 настоящего Протокола. 2. При необходимости, после завершения шестимесячного периода, о котором идет речь в статье 8.4, Ко- митет может предложить соответствующему Государству-участнику информировать его о мерах, принятых в связи с таким расследованием.
Статья 10 1. Любое Государство-участник может во время подписания или ратификации настоящего Протокола и присоединения к нему заявить о том, что оно не признает компетенцию Комитета, предусмотренную в статьях 8 и 9. 2. Любое Государство-участник, сделавшее заявление в соответствии с пунктом 1 настоящей статьи, мо- жет в любое время отказаться от этого заявления путем уведомления Генерального секретаря.
Статья 11 Государство-участник принимает все надлежащие меры для обеспечения того, чтобы лица, находящиеся под его юрисдикцией, не подвергались плохому обращению или запугиванию вследствие направления в Комитет сообщения в соответствии с настоящим Протоколом.
Статья 12 Комитет включает в свой ежегодный доклад, предусматриваемый статьей 21 Конвенции, краткий отчет о своей деятельности в соответствии с настоящим Протоколом.
Статья 13 Каждое Государство-участник обязуется широко распространять и предавать гласности Конвенцию и настоящий Протокол и содействовать получению доступа к информации о мнениях и рекомендациях Ко- митета, в частности по вопросам, затрагивающим данное Государство-участник.
Статья 14 Комитет разрабатывает свои собственные правила процедуры, которые должны соблюдаться при вы- полнении функций, возлагаемых на него настоящим Протоколом.
Статья 15 1. Настоящий Протокол открыл- для подписания любы/м государством, подписавшим Конвенцию, ра- тифицировавшим ее или присоединившимся к ней. 2. Настоящий Протокол подлежит ратификации любым государством, ратифицировавшим Конвенцию или присоединившимся к ней. Ратификационные грамоты передаются на хранение Генеральному секрета- рю Организации Объединенных Наций. 3. Настоящий Протокол открыт для присоединения любого государства, ратифицировавшего Конвен- цию или присоединившегося к ней. 4. Присоединение осуществляется депонированием документа о присоединении у Генерального секрета- ря Организации Объединенных Наций.
Статья 16 1. Настоящий Протокол вступает в силу через три месяца со дня депонирования у Генерального секрета- ря Организации Объединенных Наций десятой ратификационной грамоты или десятого документа о при- соединении. 2. Для каждого государства, которое ратифицирует настоящий Протокол или присоединится к нему по- сле его вступления в силу, настоящий Протокол вступает в силу через три месяца со дня депонирования его собственной ратификационной грамоты или документа о присоединении.
Статья 17 Оговорки к настоящему Протоколу не допускаются.
27 Торговля людьми и равенство полов в Молдове
Статья 18 1. Любое Государство-участник может предлагать поправки к настоящему Протоколу и представлять их Генеральному секретарю Организации Объединенных Наций. Генеральный секретарь препровождает затем любые предложенные поправки Государствам-участникам с просьбой сообщить ей или ему, высказываются ли они за созыв конференции Государств-участников с целью рассмотрения этого предложения и проведе- ния по нему голосования. Если за созыв такой конференции выскажется не менее одной трети Государств- участников, Генеральный секретарь созывает эту конференцию под эгидой Организации Объединенных Наций. Любая поправка, принятая большинством Государств-участников, присутствующих и участвующих в голосовании на этой конференции, представляется Генеральной Ассамблее Организации Объединенных Наций на утверждение. 2. Поправки вступают в силу после их утверждения Генеральной Ассамблеей Организации Объединен- ных Наций и принятия большинством в две трети Государств - участников настоящего Протокола в соот- ветствии с их конституционными процедурами. 3. Тогда поправки вступают в силу, они становятся обязательными для тех Государств-участников, ко- торые их приняли, а для других Государств-участников остаются обязательными положения настоящего Протокола и любые предшествующие поправки, которые ими приняты.
Статья 19 1. Любое Государство-участник может в любое время денонсировать настоящий Протокол путем письмен- ного уведомления на имя Генерального секретаря Организации Объединенных Наций. Денонсация вступает в силу через шесть месяцев со дня получения этого уведомления Генеральным секретарем. 2. Денонсация не наносит ущерба дальнейшему применению положений настоящего Протокола в от- ношении любого сообщения, представленного в соответствии со статьей 2, или любому расследованию, начатому в соответствии со статьей 8, до даты вступления денонсации в силу.
Статья 20 Генеральный секретарь Организации Объединенных Наций сообщает всем государствам: a) о подписаниях, ратификациях и присоединениях согласно настоящему Протоколу; b) о дате вступления в силу настоящего Протокола и любых поправок согласно статье 18; c) о любой денонсации согласно статье 19.
Статья 21 1. Настоящий Протокол, тексты которого на английском, арабском, испанском, китайском, русском и французском языках являются равно аутентичными, сдается на хранение в архив Организации Объединен- ных Наций. 2. Генеральный секретарь Организации Объединенных Наций препровождает заверенные копии на- стоящего Протокола всем государствам, указанным в статье 25 Конвенции.
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3. Конвенция о правах ребенка Принята резолюцией 44/25 Генеральной Ассамблеи от 20 ноября 1989 года
Преамбула Государства-участники настоящей Конвенции, считая, что в соответствии с принципами, провозглашенными в Уставе Организации Объединенных Наций, признание присущего достоинства, равных и неотъемлемых прав всех членов общества являются основой обеспечения свободы, справедливости и мира на Земле, принимая во внимание, что народы Объединенных Наций подтвердили в Уставе свою веру в основные права человека, в достоинство и ценность человеческой личности и преисполнены решимости содейство- вать социальному прогрессу и улучшению условий жизни при большей свободе, признавая, что Организация Объединенных Наций во Всеобщей декларации прав человека2 и в Между- народных пактах о правах человека3 провозгласила и согласилась с тем, что каждый человек должен обла- дать всеми указанными в них правами и свободами без какого бы то ни было различия по таким признакам, как раса, цвет кожи, пол, язык, религия, политические или иные убеждения, национальное или социальное происхождение, имущественное положение, рождение или иные обстоятельства, напоминая, что Организация Объединенных Наций во Всеобщей декларации прав человека провозгла- сила, что дети имеют право на особую заботу и помощь, убежденные в том, что семье как основной ячейке общества и естественной среде для роста и благополу- чия всех ее членов и особенно детей должны быть предоставлены необходимые защита и содействие, с тем чтобы она могла полностью возложить на себя обязанности в рамках общества, признавая, что ребенку для полного и гармоничного развития его личности необходимо расти в семей- ном окружении, в атмосфере счастья, любви и понимания, считая, что ребенок должен быть полностью подготовлен к самостоятельной жизни в обществе и вос- питан в духе идеалов, провозглашенных в Уставе Организации Объединенных Наций, и особенно в духе мира, достоинства, терпимости, свободы, равенства и солидарности, принимая во внимание, что необходимость в такой особой защите ребенка была предусмотрена в Же- невской Декларации прав ребенка 19244 года и Декларации прав ребенка, принятой Генеральной Ассам- блеей 20 ноября 1959 года1, и признана во Всеобщей декларации прав человека, в Международном пакте о гражданских и политических правах (в частности, в статьях 23 и 24)3, в Международном пакте об экономи- ческих, социальных и культурных правах (в частности, в статье 10)3, а также в уставах и соответствующих документах специализированных учреждений и международных организаций, занимающихся вопросами благополучия детей, принимая во внимание, что, как указано в Декларации прав ребенка, «ребенок, ввиду его физической и умственной незрелости, нуждается в специальной охране и заботе, включая надлежащую правовую защиту, как до, так и после рождения»5, ссылаясь на положения Декларации о социальных и правовых принципах, касающихся защиты и благо- получия детей, особенно при передаче детей на воспитание и их усыновлении на национальном и междуна- родном уровнях6, Минимальных стандартных правил Организации Объединенных Наций, касающихся от- правления правосудия в отношении несовершеннолетних («Пекинские правила»)7 и Декларации о защите женщин и детей в чрезвычайных обстоятельствах и в период вооруженных конфликтов8, признавая, что во всех странах мира есть дети, живущие в исключительно трудных условиях, и что такие дети нуждаются в особом внимании, учитывая должным образом важность традиций и культурных ценностей каждого народа для защиты и гармоничного развития ребенка, признавая важность международного сотрудничества для улучшения условий жизни детей в каждой стране, в частности в развивающихся странах, согласились о нижеследующем:
Часть I Статья 1 Для целей настоящей Конвенции ребенком является каждое человеческое существо до достижения 18-летнего возраста, если по закону, применимому к данному ребенку, он не достигает совершеннолетия ранее.
29 Торговля людьми и равенство полов в Молдове
Статья 2 1. Государства-участники уважают и обеспечивают все права, предусмотренные настоящей Конвенцией, за каждым ребенком, находящимся в пределах их юрисдикции, без какой-либо дискриминации, независимо от расы, цвета кожи, пола, языка, религии, политических или иных убеждений, национального, этнического или социального происхождения, имущественного положения, состояния здоровья и рождения ребенка, его родителей или законных опекунов или каких-либо иных обстоятельств. 2. Государства-участники принимают все необходимые меры для обеспечения защиты ребенка от всех форм дискриминации или наказания на основе статуса, деятельности, выражаемых взглядов или убежде- ний ребенка, родителей ребенка, законных опекунов или иных членов семьи.
Статья 3 1. Во всех действиях в отношении детей, независимо от того, предпринимаются они государственными или частными учреждениями, занимающимися вопросами социального обеспечения, судами, администра- тивными или законодательными органами, первоочередное внимание уделяется наилучшему обеспечению интересов ребенка. 2. Государства-участники обязуются обеспечить ребенку такую защиту и заботу, которые необходимы для его благополучия, принимая во внимание права и обязанности его родителей, опекунов или других лиц, несущих за него ответственность по закону, и с этой целью принимают все соответствующие законодатель- ные и административные меры. 3. Государства-участники обеспечивают, чтобы учреждения, службы и органы, ответственные за заботу о детях или их защиту, отвечали нормам, установленным компетентными органами, в частности, в области безопасности и здравоохранения и с точки зрения численности и пригодности их персонала, а также ком- петентного надзора.
Статья 4 Государства-участники принимают все необходимые законодательные, административные и другие меры для осуществления прав, признанных в настоящей Конвенции. В отношении экономических, соци- альных и культурных прав государства-участники принимают такие меры в максимальных рамках имею- щихся у них ресурсов и, в случае необходимости, в рамках международного сотрудничества.
Статья 5 Государства-участники уважают ответственность, права и обязанности родителей и в соответствующих случаях членов расширенной семьи или общины, как это предусмотрено местным обычаем, опекунов или других лиц, несущих по закону ответственность за ребенка, должным образом управлять и руководить ре- бенком в осуществлении им признанных настоящей Конвенцией прав и делать это в соответствии с разви- вающимися способностями ребенка.
Статья 6 1. Государства-участники признают, что каждый ребенок имеет неотъемлемое право на жизнь. 2. Государства-участники обеспечивают в максимально возможной степени выживание и здоровое раз- витие ребенка.
Статья 7 1. Ребенок регистрируется сразу же после рождения и с момента рождения имеет право на имя и на при- обретение гражданства, а также, насколько это возможно, право знать своих родителей и право на их заботу. 2. Государства-участники обеспечивают осуществление этих прав в соответствии с их национальным законодательством и выполнение их обязательств согласно соответствующим международным документам в этой области, в частности, в случае, если бы иначе ребенок не имел гражданства.
Статья 8 1. Государства-участники обязуются уважать право ребенка на сохранение своей индивидуальности, включая гражданство, имя и семейные связи, как предусматривается законом, не допуская противозакон- ного вмешательства. 2. Если ребенок незаконно лишается части или всех элементов своей индивидуальности, государства-участники обеспечивают ему необходимую помощь и защиту для скорейшего восстановления его индивидуальности.
Статья 9 1. Государства-участники обеспечивают, чтобы ребенок не разлучался со своими родителями вопреки их желанию, за исключением случаев, когда компетентные органы, согласно судебному решению, определя-
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ют в соответствии с применимым законом и процедурами, что такое разлучение необходимо в наилучших интересах ребенка. Такое определение может оказаться необходимым в том или ином конкретном случае, например, когда родители жестоко обращаются с ребенком или не заботятся о нем или когда родители про- живают раздельно и необходимо принять решение относительно места проживания ребенка. 2. В ходе любого разбирательства в соответствии с пунктом 1 настоящей статьи всем заинтересованным сторонам предоставляется возможность участвовать в разбирательстве и излагать свои точки зрения. 3. Государства-участники уважают право ребенка, который разлучается с одним или обоими родителя- ми, поддерживать на регулярной основе личные отношения и прямые контакты с обоими родителями, за исключением случая, когда это противоречит наилучшим интересам ребенка. 4. В тех случаях, когда такое разлучение вытекает из какого-либо решения, принятого государством- участником, например при аресте, тюремном заключении, высылке, депортации или смерти (включая смерть, наступившую по любой причине во время нахождения данного лица в ведении государства) одно- го или обоих родителей или ребенка, такое государство-участник предоставляет родителям, ребенку или, если это необходимо, другому члену семьи по их просьбе необходимую информацию в отношении местона- хождения отсутствующего члена/членов семьи, если предоставление этой информации не наносит ущерба благосостоянию ребенка. Государства-участники в дальнейшем обеспечивают, чтобы представление такой просьбы само по себе не приводило к неблагоприятным последствиям для соответствующего лица/лиц.
Статья 10 1. В соответствии с обязательством государств-участников по пункту 1 статьи 9 заявления ребенка или его родителей на въезд в государство-участник или выезд из него с целью воссоединения семьи должны рас- сматриваться государствами-участниками позитивным, гуманным и оперативным образом. Государства- участники далее обеспечивают, чтобы представление такой просьбы не приводило к неблагоприятным по- следствиям для заявителей и членов их семьи. 2. Ребенок, родители которого проживают в различных государствах, имеет право поддерживать на ре- гулярной основе, за исключением особых обстоятельств, личные отношения и прямые контакты с обоими родителями. С этой целью и в соответствии с обязательством государств-участников по пункту 1 статьи 9 государства-участники уважают право ребенка и его родителей покидать любую страну, включая свою собственную, и возвращаться в свою страну. В отношении права покидать любую страну действуют только такие ограничения, какие установлены законом и необходимы для охраны государственной безопасности, общественного порядка (ordre public), здоровья или нравственности населения или прав и свобод других лиц, и совместимы с признанными в настоящей Конвенции другими правами.
Статья 11 1. Государства-участники принимают меры для борьбы с незаконным перемещением и невозвращением детей из-за границы. 2. С этой целью государства-участники содействуют заключению двусторонних или многосторонних соглашений или присоединению к действующим соглашениям.
Статья 12 1. Государства-участники обеспечивают ребенку, способному сформулировать свои собственные взгля- ды, право свободно выражать эти взгляды по всем вопросам, затрагивающим ребенка, причем взглядам ребенка уделяется должное внимание в соответствии с возрастом и зрелостью ребенка. 2. С этой целью ребенку, в частности, предоставляется возможность быть заслушанным в ходе любого судебного или административного разбирательства, затрагивающего ребенка, либо непосредственно, либо через представителя или соответствующий орган, в порядке, предусмотренном процессуальными нормами национального законодательства.
Статья 13 1. Ребенок имеет право свободно выражать свое мнение; это право включает свободу искать, получать и передавать информацию и идеи любого рода, независимо от границ, в устной, письменной или печатной форме, в форме произведений искусства или с помощью других средств по выбору ребенка. 2. Осуществление этого права может подвергаться некоторым ограничениям, однако этими ограниче- ниями могут быть только те ограничения, которые предусмотрены законом и которые необходимы: a) для уважения прав и репутации других лиц; или b) для охраны государственной безопасности или общественного порядка (ordre public), или здоровья или нравственности населения.
31 Торговля людьми и равенство полов в Молдове
Статья 14 1. Государства-участники уважают право ребенка на свободу мысли, совести и религии. 2. Государства-участники уважают права и обязанности родителей и в соответствующих случаях закон- ных опекунов руководить ребенком в осуществлении его права методом, согласующимся с развивающими- ся способностями ребенка. 3. Свобода исповедовать свою религию или веру может подвергаться только таким ограничениям, ко- торые установлены законом и необходимы для охраны государственной безопасности, общественного по- рядка, нравственности и здоровья населения или защиты основных прав и свобод других лиц.
Статья 15 1. Государства-участники признают право ребенка на свободу ассоциации и свободу мирных собраний. 2. В отношении осуществления данного права не могут применяться какие-либо ограничения, кроме тех, которые применяются в соответствии с законом и которые необходимы в демократическом обществе в интересах государственной безопасности или общественной безопасности, общественного порядка (ordre public), охраны здоровья или нравственности населения или защиты прав и свобод других лиц.
Статья 16 1. Ни один ребенок не может быть объектом произвольного или незаконного вмешательства в осущест- вление его права на личную жизнь, семейную жизнь, неприкосновенность жилища или тайну корреспон- денции, или незаконного посягательства на его честь и репутацию. 2. Ребенок имеет право на защиту закона от такого вмешательства или посягательства.
Статья 17 Государства-участники признают важную роль средств массовой информации и обеспечивают, чтобы ребенок имел доступ к информации и материалам из различных национальных и международных источни- ков, особенно к таким информации и материалам, которые направлены на содействие социальному, духов- ному и моральному благополучию, а также здоровому физическому и психическому развитию ребенка. С этой целью государства-участники: a) поощряют средства массовой информации к распространению информации и материалов, полезных для ребенка в социальном и культурном отношениях, и в духе статьи 29; b) поощряют международное сотрудничество в области подготовки, обмена и распространения такой информации и материалов из различных культурных, национальных и международных источников; c) поощряют выпуск и распространение детской литературы; d) поощряют средства массовой информации к уделению особого внимания языковым потребностям ребенка, принадлежащего к какой-либо группе меньшинств или коренному населению; e) поощряют разработку надлежащих принципов защиты ребенка от информации и материалов, нано- сящих вред его благополучию, учитывая положения статей 13 и 18.
Статья 18 1. Государства-участники предпринимают все возможные усилия к тому, чтобы обеспечить признание принципа общей и одинаковой ответственности обоих родителей за воспитание и развитие ребенка. Роди- тели или в соответствующих случаях законные опекуны несут основную ответственность за воспитание и развитие ребенка. Наилучшие интересы ребенка являются предметом их основной заботы. 2. В целях гарантии и содействия осуществлению прав, изложенных в настоящей Конвенции, государства- участники оказывают родителям и законным опекунам надлежащую помощь в выполнении ими своих обя- занностей по воспитанию детей и обеспечивают развитие сети детских учреждений. 3. Государства-участники принимают все необходимые меры для обеспечения того, чтобы дети, родите- ли которых работают, имели право пользоваться предназначенными для них службами и учреждениями по уходу за детьми.
Статья 19 1. Государства-участники принимают все необходимые законодательные, административные, социаль- ные и просветительные меры с целью защиты ребенка от всех форм физического или психологического на- силия, оскорбления или злоупотребления, отсутствия заботы или небрежного обращения, грубого обраще- ния или эксплуатации, включая сексуальное злоупотребление, со стороны родителей, законных опекунов или любого другого лица, заботящегося о ребенке.
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2. Такие меры защиты, в случае необходимости, включают эффективные процедуры для разработки со- циальных программ с целью предоставления необходимой поддержки ребенку и лицам, которые о нем за- ботятся, а также для осуществления других форм предупреждения и выявления, сообщения, передачи на рассмотрение, расследования, лечения и последующих мер в связи со случаями жестокого обращения с ребенком, указанными выше, а также, в случае необходимости, для возбуждения судебной процедуры.
Статья 20 1. Ребенок, который временно или постоянно лишен своего семейного окружения или который в его собственных наилучших интересах не может оставаться в таком окружении, имеет право на особую защиту и помощь, предоставляемые государством. 2. Государства-участники в соответствии со своими национальными законами обеспечивают замену ухода за таким ребенком. 3. Такой уход может включать, в частности, передачу на воспитание, «кафала» по исламскому праву, усы- новление или, в случае необходимости, помещение в соответствующие учреждения по уходу за детьми. При рассмотрении вариантов замены необходимо должным образом учитывать желательность преемственно- сти воспитания ребенка и его этническое происхождение, религиозную и культурную принадлежность и родной язык.
Статья 21 Государства-участники, которые признают и/или разрешают существование системы усыновления, обе- спечивают, чтобы наилучшие интересы ребенка учитывались в первостепенном порядке, и они: a) обеспечивают, чтобы усыновление ребенка разрешалось только компетентными властями, которые определяют в соответствии с применимыми законом и процедурами и на основе всей относящейся к делу и достоверной информации, что усыновление допустимо ввиду статуса ребенка относительно родителей, родственников и законных опекунов и что, если требуется, заинтересованные лица дали свое осознанное согласие на усыновление на основе такой консультации, которая может быть необходимой; b) признают, что усыновление в другой стране может рассматриваться в качестве альтернативного спо- соба ухода за ребенком, если ребенок не может быть передан на воспитание или помещен в семью, которая могла бы обеспечить его воспитание или усыновление, и если обеспечение какого-либо подходящего ухода в стране происхождения ребенка является невозможным; c) обеспечивают, чтобы в случае усыновления ребенка в другой стране применялись такие же гарантии и нормы, которые применяются в отношении усыновления внутри страны; d) принимают все необходимые меры с целью обеспечения того, чтобы в случае усыновления в другой стране устройство ребенка не приводило к получению неоправданных финансовых выгод связанными с этим лицами; e) содействуют в необходимых случаях достижению целей настоящей статьи путем заключения двусто- ронних и многосторонних договоренностей или соглашений и стремятся на этой основе обеспечить, чтобы устройство ребенка в другой стране осуществлялось компетентными властями или органами.
Статья 22 1. Государства-участники принимают необходимые меры, с тем чтобы обеспечить ребенку, желающему получить статус беженца или считающемуся беженцем в соответствии с применимым международным или внутренним правом и процедурами, как сопровождаемому, так и не сопровождаемому его родителями или любым другим лицом, надлежащую защиту и гуманитарную помощь в пользовании применимыми права- ми, изложенными в настоящей Конвенции и других международных документах по правам человека или гуманитарных документов, участниками которых являются указанные государства. 2. С этой целью государства-участники оказывают, в случае, когда они считают это необходимым, содей- ствие любым усилиям Организации Объединенных Наций и других компетентных межправительственных организаций или неправительственных организаций, сотрудничающих с Организацией Объединенных Наций, по защите такого ребенка и оказанию ему помощи и поиску родителей или других членов семьи любого ребенка-беженца, с тем чтобы получить информацию, необходимую для его воссоединения со сво- ей семьей. В тех случаях, когда родители или другие члены семьи не могут быть найдены, этому ребенку предоставляется такая же защита, как и любому другому ребенку, по какой-либо причине постоянно или временно лишенному своего семейного окружения, как это предусмотрено в настоящей Конвенции.
Статья 23 1. Государства-участники признают, что неполноценный в умственном или физическом отношении ре- бенок должен вести полноценную и достойную жизнь в условиях, которые обеспечивают его достоинство, способствуют его уверенности в себе и облегчают его активное участие в жизни общества.
33 Торговля людьми и равенство полов в Молдове
2. Государства-участники признают право неполноценного ребенка на особую заботу и поощряют и обе- спечивают предоставление при условии наличия ресурсов имеющему на это право ребенку и ответствен- ным за заботу о нем помощи, о которой подана просьба и которая соответствует состоянию ребенка и по- ложению его родителей или других лиц, обеспечивающих заботу о ребенке. 3. В признание особых нужд неполноценного ребенка помощь в соответствии с пунктом 2 настоящей статьи предоставляется, по возможности, бесплатно с учетом финансовых ресурсов родителей или других лиц, обеспечивающих заботу о ребенке, и имеет целью обеспечение неполноценному ребенку эффективно- го доступа к услугам в области образования, профессиональной подготовки, медицинского обслуживания, восстановления здоровья, подготовки к трудовой деятельности и доступа к средствам отдыха таким обра- зом, который приводит к наиболее полному, по возможности, вовлечению ребенка в социальную жизнь и достижению развития его личности, включая культурное и духовное развитие ребенка. 4. Государства-участники способствуют в духе международного сотрудничества обмену соответствую- щей информацией в области профилактического здравоохранения и медицинского, психологического и функционального лечения неполноценных детей, включая распространение информации о методах реаби- литации, общеобразовательной и профессиональной подготовки, а также доступ к этой информации, с тем чтобы позволить государствам-участникам улучшить свои возможности и знания и расширить свой опыт в этой области. В этой связи особое внимание должно уделяться потребностям развивающихся стран.
Статья 24 1. Государства-участники признают право ребенка на пользование наиболее совершенными услугами си- стемы здравоохранения и средствами лечения болезней и восстановления здоровья. Государства-участники стремятся обеспечить, чтобы ни один ребенок не был лишен своего права на доступ к подобным услугам системы здравоохранения. 2. Государства-участники добиваются полного осуществления данного права и, в частности, принимают необходимые меры для: a) снижения уровней смертности младенцев и детской смертности; b) обеспечения предоставления необходимой медицинской помощи и охраны здоровья всех детей с уде- лением первоочередного внимания развитию первичной медико-санитарной помощи; c) борьбы с болезнями и недоеданием, в том числе в рамках первичной медико-санитарной помощи, путем, среди прочего, применения легкодоступной технологии и предоставления достаточно питательного продовольствия и чистой питьевой воды, принимая во внимание опасность и риск загрязнения окружаю- щей среды; d) предоставления матерям надлежащих услуг по охране здоровья в дородовой и послеродовой периоды; e) обеспечения осведомленности всех слоев общества, в частности родителей и детей, о здоровье и пи- тании детей, преимуществах грудного кормления, гигиене, санитарии среды обитания ребенка и предупре- ждении несчастных случаев, а также их доступа к образованию и их поддержки в использовании таких знаний; f) развития просветительной работы и услуг в области профилактической медицинской помощи и пла- нирования размера семьи. 3. Государства-участники принимают любые эффективные и необходимые меры с целью упразднения традиционной практики, отрицательно влияющей на здоровье детей. 4. Государства-участники обязуются поощрять международное сотрудничество и развивать его с целью постепенного достижения полного осуществления права, признаваемого в настоящей статье. В этой связи особое внимание должно уделяться потребностям развивающихся стран.
Статья 25 Государства-участники признают право ребенка, помещенного компетентными органами на попечение с целью ухода за ним, его защиты или физического либо психического лечения, на периодическую оценку лечения, предоставляемого ребенку, и всех других условий, связанных с таким попечением о ребенке.
Статья 26 1. Государства-участники признают за каждым ребенком право пользоваться благами социального обе- спечения, включая социальное страхование, и принимают необходимые меры для достижения полного осу- ществления этого права в соответствии с их национальным законодательством. 2. Эти блага по мере необходимости предоставляются с учетом имеющихся ресурсов и возможностей ребенка и лиц, несущих ответственность за содержание ребенка, а также любых соображений, связанных с получением благ ребенком или от его имени.
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Статья 27 1. Государства-участники признают право каждого ребенка на уровень жизни, необходимый для физи- ческого, умственного, духовного, нравственного и социального развития ребенка. 2. Родитель(и) или другие лица, воспитывающие ребенка, несут основную ответственность за обеспе- чение в пределах своих способностей и финансовых возможностей условий жизни, необходимых для раз- вития ребенка. 3. Государства-участники в соответствии с национальными условиями и в пределах своих возможностей принимают необходимые меры по оказанию помощи родителям и другим лицам, воспитывающим детей, в осуществлении этого права и, в случае необходимости, оказывают материальную помощь и поддерживают программы, особенно в отношении обеспечения питанием, одеждой и жильем. 4. Государства-участники принимают все необходимые меры для обеспечения восстановления содер- жания ребенка родителями или другими лицами, несущими финансовую ответственность за ребенка, как внутри государства-участника, так и из-за рубежа. В частности, если лицо, несущее финансовую ответ- ственность за ребенка, и ребенок проживают в разных государствах, государства-участники способствуют присоединению к международным соглашениям или заключению таких соглашений, а также достижению других соответствующих договоренностей.
Статья 28 1. Государства-участники признают право ребенка на образование, и с целью постепенного достижения осуществления этого права на основе равных возможностей они, в частности: a) вводят бесплатное и обязательное начальное образование; b) поощряют развитие различных форм среднего образования, как общего, так и профессионального, обеспечивают его доступность для всех детей и принимают такие необходимые меры, как введение бесплат- ного образования и предоставление в случае необходимости финансовой помощи; c) обеспечивают доступность высшего образования для всех на основе способностей каждого с помо- щью всех необходимых средств; d) обеспечивают доступность информации и материалов в области образования и профессиональной подготовки для всех детей; e) принимают меры по содействию регулярному посещению школ и снижению числа учащихся, поки- нувших школу. 2. Государства-участники принимают все необходимые меры для обеспечения того, чтобы школьная дисциплина поддерживалась с помощью методов, отражающих уважение человеческого достоинства ре- бенка и в соответствии с настоящей Конвенцией. 3. Государства-участники поощряют и развивают международное сотрудничество по вопросам, каса- ющимся образования, в частности, с целью содействия ликвидации невежества и неграмотности во всем мире и облегчения доступа к научно-техническим знаниям и современным методам обучения. В этой связи особое внимание должно уделяться потребностям развивающихся стран.
Статья 29 1. Государства-участники соглашаются в том, что образование ребенка должно быть направлено на: a) развитие личности, талантов и умственных и физических способностей ребенка в их самом полном объеме; b) воспитание уважения к правам человека и основным свободам, а также принципам, провозглашен- ным в Уставе Организации Объединенных Наций; c) воспитание уважения к родителям ребенка, его культурной самобытности, языку и ценностям, к на- циональным ценностям страны, в которой ребенок проживает, страны его происхождения и к цивилизаци- ям, отличным от его собственной; d) подготовку ребенка к сознательной жизни в свободном обществе в духе понимания, мира, терпимо- сти, равноправия мужчин и женщин и дружбы между всеми народами, этническими, национальными и религиозными группами, а также лицами из числа коренного населения; e) воспитание уважения к окружающей природе. 2. Никакая часть настоящей статьи или статьи 28 не толкуется как ограничивающая свободу отдель- ных лиц и органов создавать учебные заведения и руководить ими при условии постоянного соблюдения принципов, изложенных в пункте 1 настоящей статьи, и выполнения требования о том, чтобы образование, даваемое в таких учебных заведениях, соответствовало минимальным нормам, которые могут быть уста- новлены государством.
35 Торговля людьми и равенство полов в Молдове
Статья 30 В тех государствах, где существуют этнические, религиозные или языковые меньшинства или лица из числа коренного населения, ребенку, принадлежащему к таким меньшинствам или коренному населению, не может быть отказано в праве совместно с другими членами своей группы пользоваться своей культурой, исповедовать свою религию и исполнять ее обряды, а также пользоваться родным языком.
Статья 31 1. Государства-участники признают право ребенка на отдых и досуг, право участвовать в играх и раз- влекательных мероприятиях, соответствующих его возрасту, и свободно участвовать в культурной жизни и заниматься искусством. 2. Государства-участники уважают и поощряют право ребенка на всестороннее участие в культурной и творческой жизни и содействуют предоставлению соответствующих и равных возможностей для культур- ной и творческой деятельности, досуга и отдыха.
Статья 32 1. Государства-участники признают право ребенка на защиту от экономической эксплуатации и от вы- полнения любой работы, которая может представлять опасность для его здоровья или служить препятстви- ем в получении им образования, либо наносить ущерб его здоровью и физическому, умственному, духовно- му, моральному и социальному развитию. 2. Государства-участники принимают законодательные, административные и социальные меры, а также меры в области образования, с тем чтобы обеспечить осуществление настоящей статьи. В этих целях, руко- водствуясь соответствующими положениями других международных документов, государства-участники, в частности: a) устанавливают минимальный возраст или минимальные возрасты для приема на работу; b) определяют необходимые требования о продолжительности рабочего дня и условиях труда; c) предусматривают соответствующие виды наказания или другие санкции для обеспечения эффектив- ного осуществления настоящей статьи.
Статья 33 Государства-участники принимают все необходимые меры, включая законодательные, административ- ные и социальные меры, а также меры в области образования, с тем чтобы защитить детей от незаконного употребления наркотических средств и психотропных веществ, как они определены в соответствующих международных договорах, и не допустить использования детей в противозаконном производстве таких веществ и торговле ими.
Статья 34 Государства-участники обязуются защищать ребенка от всех форм сексуальной эксплуатации и сексу- ального совращения. В этих целях государства-участники, в частности, принимают на национальном, дву- стороннем и многостороннем уровнях все необходимые меры для предотвращения: a) склонения или принуждения ребенка к любой незаконной сексуальной деятельности; b) использования в целях эксплуатации детей в проституции или в другой незаконной сексуальной практике; c) использования в целях эксплуатации детей в порнографии и порнографических материалах.
Статья 35 Государства-участники принимают на национальном, двустороннем и многостороннем уровнях все не- обходимые меры для предотвращения похищения детей, торговли детьми или их контрабанды в любых целях и в любой форме.
Статья 36 Государства-участники защищают ребенка от всех других форм эксплуатации, наносящих ущерб любо- му аспекту благосостояния ребенка.
Статья 37 Государства-участники обеспечивают, чтобы: a) ни один ребенок не был подвергнут пыткам или другим жестоким, бесчеловечным или унижающим достоинство видам обращения или наказания. Ни смертная казнь, ни пожизненное тюремное заключение,
36 дополнительные нормативные акты
не предусматривающее возможности освобождения, не назначаются за преступления, совершенные лица- ми моложе 18 лет; b) ни один ребенок не был лишен свободы незаконным или произвольным образом. Арест, задержание или тюремное заключение ребенка осуществляются согласно закону и используются лишь в качестве край- ней меры и в течение как можно более короткого соответствующего периода времени; c) каждый лишенный свободы ребенок пользовался гуманным обращением и уважением неотъемлемого достоинства его личности с учетом потребностей лиц его возраста. В частности, каждый лишенный свобо- ды ребенок должен быть отделен от взрослых, если только не считается, что в наилучших интересах ребенка этого делать не следует, и иметь право поддерживать связь со своей семьей путем переписки и свиданий, за исключением особых обстоятельств; d) каждый лишенный свободы ребенок имел право на незамедлительный доступ к правовой и другой соответствующей помощи, а также право оспаривать законность лишения его свободы перед судом или другим компетентным, независимым и беспристрастным органом и право на безотлагательное принятие ими решения в отношении любого такого процессуального действия.
Статья 38 1. Государства-участники обязуются уважать нормы международного гуманитарного права, примени- мые к ним в случае вооруженных конфликтов и имеющие отношение к детям, и обеспечивать их соблюде- ние. 2. Государства-участники принимают все возможные меры для обеспечения того, чтобы лица, не достиг- шие 15-летнего возраста, не принимали прямого участия в военных действиях. 3. Государства-участники воздерживаются от призыва любого лица, не достигшего 15-летнего возрас- та, на службу в свои вооруженные силы. При вербовке из числа лиц, достигших 15-летнего возраста, но которым еще не исполнилось 18 лет, государства-участники стремятся отдавать предпочтение лицам более старшего возраста. 4. Согласно своим обязательствам по международному гуманитарному праву, связанным с защитой гражданского населения во время вооруженных конфликтов, государства-участники обязуются принимать все возможные меры с целью обеспечения защиты затрагиваемых вооруженным конфликтом детей и ухода за ними.
Статья 39 Государства-участники принимают все необходимые меры для того, чтобы содействовать физическому и психологическому восстановлению и социальной реинтеграции ребенка, являющегося жертвой: любых видов пренебрежения, эксплуатации или злоупотребления, пыток или любых других жестоких, бесчеловеч- ных или унижающих достоинство видов обращения, наказания или вооруженных конфликтов. Такое вос- становление и реинтеграция должны осуществляться в условиях, обеспечивающих здоровье, самоуважение и достоинство ребенка.
Статья 40 1. Государства-участники признают право каждого ребенка, который, как считается, нарушил уголовное законодательство, обвиняется или признается виновным в его нарушении, на такое обращение, которое способствует развитию у ребенка чувства достоинства и значимости, укрепляет в нем уважение к правам человека и основным свободам других и при котором учитывается возраст ребенка и желательность содей- ствия его реинтеграции и выполнению им полезной роли в обществе. 2. В этих целях и принимая во внимание соответствующие положения международных документов, государства-участники, в частности, обеспечивают, чтобы: a) ни один ребенок не считался нарушившим уголовное законодательство, не обвинялся и не призна- вался виновным в его нарушении по причине действия или бездействия, которые не были запрещены на- циональным или международным правом во время их совершения; b) каждый ребенок, который, как считается, нарушил уголовное законодательство или обвиняется в его нарушении, имел по меньшей мере следующие гарантии: i) презумпция невиновности, пока его вина не будет доказана согласно закону; ii) незамедлительное и непосредственное информирование его об обвинениях против него и, в случае необходимости, через его родителей или законных опекунов и получение правовой и другой необходимой помощи при подготовке и осуществлении своей защиты; iii) безотлагательное принятие решения по рассматриваемому вопросу компетентным, независимым и беспристрастным органом или судебным органом в ходе справедливого слушания в соответствии с законом в присутствии адвоката или другого соответствующего лица, и, если это не считается противоречащим наи-
37 Торговля людьми и равенство полов в Молдове
лучшим интересам ребенка, в частности, с учетом его возраста или положения его родителей или законных опекунов; iv) свобода от принуждения к даче свидетельских показаний или признанию вины; изучение показаний свидетелей обвинения либо самостоятельно, либо при помощи других лиц и обеспечение равноправного участия свидетелей защиты и изучения их показаний; v) если считается, что ребенок нарушил уголовное законодательство, повторное рассмотрение выше- стоящим компетентным, независимым и беспристрастным органом или судебным органом согласно закону соответствующего решения и любых принятых в этой связи мер; vi) бесплатная помощь переводчика, если ребенок не понимает используемого языка или не говорит на нем; vii) полное уважение его личной жизни на всех стадиях разбирательства. 3. Государства-участники стремятся содействовать установлению законов, процедур, органов и учреж- дений, имеющих непосредственное отношение к детям, которые, как считается, нарушили уголовное зако- нодательство, обвиняются или признаются виновными в его нарушении, и в частности: a) установлению минимального возраста, ниже которого дети считаются неспособными нарушить уго- ловное законодательство; b) в случае необходимости и желательности, принятию мер по обращению с такими детьми без исполь- зования судебного разбирательства при условии полного соблюдения прав человека и правовых гарантий. 4. Необходимо наличие таких различных мероприятий, как уход, положение об опеке и надзоре, кон- сультативные услуги, назначение испытательного срока, воспитание, программы обучения и профессио- нальной подготовки и другие формы ухода, заменяющие уход в учреждениях, с целью обеспечения такого обращения с ребенком, которое соответствовало бы его благосостоянию, а также его положению и харак- теру преступления.
Статья 41 Ничто в настоящей Конвенции не затрагивает любых положений, которые в большей степени способ- ствуют осуществлению прав ребенка и могут содержаться: a) в законе государства-участника; или b) в нормах международного права, действующих в отношении данного государства.
Часть II Статья 42 Государства-участники обязуются, используя надлежащие и действенные средства, широко информиро- вать о принципах и положениях Конвенции как взрослых, так и детей.
Статья 43 1. В целях рассмотрения прогресса, достигнутого государствами-участниками в выполнении обяза- тельств, принятых в соответствии с настоящей Конвенцией, учреждается Комитет по правам ребенка, ко- торый выполняет функции, предусматриваемые ниже. 2. Комитет состоит из десяти экспертов, обладающих высокими нравственными качествами и при- знанной компетентностью в области, охватываемой настоящей Конвенцией. Члены Комитета избирают- ся государствами-участниками из числа своих граждан и выступают в личном качестве, причем уделяется внимание справедливому географическому распределению, а также главным правовым системам. 3. Члены Комитета избираются тайным голосованием из числа внесенных в список лиц, выдвинутых государствами-участниками. Каждое государство-участник может выдвинуть одно лицо из числа своих граждан. 4. Первоначальные выборы в Комитет проводятся не позднее, чем через шесть месяцев со дня всту- пления в силу настоящей Конвенции, а впоследствии — один раз в два года. По крайней мере за четыре месяца до дня каждых выборов Генеральный секретарь Организации Объединенных Наций обращается к государствам-участникам с письмом, предлагая им представить свои кандидатуры в течение двух меся- цев. Затем Генеральный секретарь составляет в алфавитном порядке список всех выдвинутых таким об- разом лиц с указанием государств-участников, которые выдвинули этих лиц, и представляет этот список государствам-участникам настоящей Конвенции. 5. Выборы проводятся на совещаниях государств-участников, созываемых Генеральным секретарем в Центральных учреждениях Организации Объединенных Наций. На этих совещаниях, на которых две трети государств-участников составляют кворум, избранными в состав Комитета являются те кандидаты, кото- рые получили наибольшее число голосов и абсолютное большинство голосов присутствующих и участвую- щих в голосовании представителей государств-участников.
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6. Члены Комитета избираются на четырехлетний срок. Они имеют право быть переизбранными в слу- чае повторного выдвижения их кандидатур. Срок полномочий пяти членов, избираемых на первых вы- борах, истекает в конце двухлетнего периода; немедленно после первых выборов имена этих пяти членов определяются по жребию Председателем совещания. 7. В случае смерти или выхода в отставку какого-либо члена Комитета или если он или она по какой- либо иной причине не может более исполнять обязанности члена Комитета, государство-участник, выдви- нувшее данного члена Комитета, назначает другого эксперта из числа своих граждан на оставшийся срок при условии одобрения Комитетом. 8. Комитет устанавливает свои собственные правила процедуры. 9. Комитет избирает своих должностных лиц на двухлетний срок. 10. Сессии Комитета, как правило, проводятся в Центральных учреждениях Организации Объединен- ных Наций или в любом ином подходящем месте, определенном Комитетом. Комитет, как правило, про- водит свои сессии ежегодно. Продолжительность сессии Комитета определяется и при необходимости пересматривается на совещании государств - участников настоящей Конвенции при условии одобрения Генеральной Ассамблеей. 11. Генеральный секретарь Организации Объединенных Наций предоставляет персонал и материальные средства для эффективного осуществления Комитетом своих функций в соответствии с настоящей Конвен- цией. 12. Члены Комитета, учрежденного в соответствии с настоящей Конвенций, получают утверждаемое Генеральной Ассамблеей вознаграждение из средств Организации Объединенных Наций в порядке и на условиях, устанавливаемых Генеральной Ассамблеей.
Статья 44 1. Государства-участники обязуются предоставлять Комитету через Генерального секретаря Организа- ции Объединенных Наций доклады о принятых ими мерах по закреплению признанных в Конвенции прав и о прогрессе, достигнутом в осуществлении этих прав: a) в течение двух лет после вступления Конвенции в силу для соответствующего государства-участника; b) впоследствии через каждые пять лет. 2. В докладах, представляемых в соответствии с настоящей статьей, указываются факторы и затрудне- ния, если таковые имеются, влияющие на степень выполнения обязательств по настоящей Конвенции. До- клады также содержат достаточную информацию, с тем чтобы обеспечить Комитету полное понимание действий Конвенции в данной стране. 3. Государству-участнику, представившему Комитету всесторонний первоначальный доклад, нет необ- ходимости повторять в последующих докладах, представляемых в соответствии с пунктом 1 b настоящей статьи, ранее изложенную основную информацию. 4. Комитет может запрашивать у государств-участников дополнительную информацию, касающуюся осуществления настоящей Конвенции. 5. Доклады о деятельности Комитета один раз в два года представляются Генеральной Ассамблее через посредство Экономического и Социального Совета. 6. Государства-участники обеспечивают широкую гласность своих докладов в своих собственных странах.
Статья 45 С целью способствовать эффективному осуществлению Конвенции и поощрять международное сотруд- ничество в области, охватываемой настоящей Конвенцией: a) специализированные учреждения, Детский фонд Организации Объединенных Наций и другие орга- ны Организации Объединенных Наций вправе быть представленными при рассмотрении вопросов об осу- ществлении таких положений настоящей Конвенции, которые входят в сферу их полномочий. Комитет мо- жет предложить специализированным учреждениям, Детскому фонду Организации Объединенных Наций и другим компетентным органам, когда он считает это целесообразным, представить заключение экспертов относительно осуществления Конвенции в тех областях, которые входят в сферу их соответствующих пол- номочий. Комитет может предложить специализированным учреждениям, Детскому фонду Организации Объединенных Наций и другим органам Организации Объединенных Наций представить доклады об осу- ществлении Конвенции в областях, входящих в сферу их деятельности; b) Комитет препровождает, когда он считает это целесообразным, в специализированные учрежде- ния, Детский фонд Организации Объединенных Наций и другие компетентные органы любые доклады государств-участников, в которых содержится просьба о технической консультации или помощи или ука- зывается на потребность в этом, а также замечания и предложения Комитета, если таковые имеются, отно- сительно таких просьб или указаний;
39 Торговля людьми и равенство полов в Молдове
c) Комитет может рекомендовать Генеральной Ассамблее предложить Генеральному секретарю провести от ее имени исследования по отдельным вопросам, касающимся прав ребенка; d) Комитет может вносить предложения и рекомендации общего характера, основанные на информа- ции, получаемой в соответствии со статьями 44 и 45 настоящей Конвенции. Такие предложения и рекомен- дации общего характера препровождаются любому заинтересованному государству-участнику и сообща- ются Генеральной Ассамблее наряду с замечаниями государств-участников, если таковые имеются.
Часть III Статья 46 Настоящая Конвенция открыта для подписания ее всеми государствами.
Статья 47 Настоящая Конвенция подлежит ратификации. Ратификационные грамоты сдаются на хранение Гене- ральному секретарю Организации Объединенных Наций.
Статья 48 Настоящая Конвенция открыта для присоединения к ней любого государства. Документы о присоедине- нии сдаются на хранение Генеральному секретарю Организации Объединенных Наций.
Статья 49 1. Настоящая Конвенция вступает в силу на тридцатый день после даты сдачи на хранение Генеральному секретарю Организации Объединенных Наций двадцатой ратификационной грамоты или документа о при- соединении. 2. Для каждого государства, которое ратифицирует настоящую Конвенцию или присоединяется к ней после сдачи на хранение двадцатой ратификационной грамоты или документа о присоединении, настоящая Конвенция вступает в силу на тридцатый день после сдачи таким государством на хранение его ратифика- ционной грамоты или документа о присоединении.
Статья 50 1. Любое государство-участник может предложить поправку и представить ее Генеральному секретарю Организации Объединенных Наций. Генеральный секретарь затем препровождает предложенную поправ- ку государствам-участникам с просьбой указать, высказываются ли они за созыв конференции государств- участников с целью рассмотрения этих предложений и проведения по ним голосования. Если в течение четырех месяцев, начиная с даты такого сообщения, по крайней мере одна треть государств-участников выскажется за такую конференцию, Генеральный секретарь созывает эту конференцию под эгидой Орга- низации Объединенных Наций. Любая поправка, принятая большинством государств-участников, при- сутствующих и участвующих в голосовании на этой конференции, представляется Генеральной Ассамблее Организации Объединенных Наций на утверждение. 2. Поправка, принятая в соответствии с пунктом 1 настоящей статьи, вступает в силу по утверждении ее Генеральной Ассамблеей Организации Объединенных Наций и принятия ее большинством в две трети государств-участников. 3. Когда поправка вступает в силу, она становится обязательной для тех государств-участников, которые ее приняли, а для других государств-участников остаются обязательными положения настоящей Конвен- ции и любые предшествующие поправки, которые ими приняты.
Статья 51 1. Генеральный секретарь Организации Объединенных Наций получает и рассылает всем государствам текст оговорок, сделанных государствами в момент ратификации или присоединения. 2. Оговорка, не совместимая с целями и задачами настоящей Конвенции, не допускается. 3. Оговорки могут быть сняты в любое время путем соответствующего уведомления, направленного Ге- неральному секретарю Организации Объединенных Наций, который затем сообщает об этом всем государ- ствам. Такое уведомление вступает в силу со дня его получения Генеральным секретарем.
40 дополнительные нормативные акты
Статья 52 Любое государство-участник может денонсировать настоящую Конвенцию путем письменного уведом- ления Генерального секретаря Организации Объединенных Наций. Денонсация вступает в силу по истече- нии одного года после получения уведомления Генеральным секретарем.
Статья 53 Генеральный секретарь Организации Объединенных Наций назначается депозитарием настоящей кон- венции.
Статья 54 Подлинник настоящей Конвенции, английский, арабский, испанский, китайский, русский и француз- ский тексты которой являются равно аутентичными, сдается на хранение Генеральному секретарю Орга- низации Объединенных Наций. В удостоверение чего нижеподписавшиеся полномочные представители, должным образом на то уполномоченные своими соответствующими правительствами, подписали настоя- щую Конвенцию.
ФАКУЛЬТАТИВНЫЙ ПРОТОКОЛ к Конвенции о правах ребенка, касающийся торговли детьми, детской проституции и детской порнографии
Государства — участники настоящего Протокола, считая, что для содействия достижению целей Конвенции о правах ребенка и осуществлению ее по- ложений, в особенности статей 1, 11, 21, 32, 33, 34, 35 и 36, было бы целесообразно придать более широкий характер тем мерам, которые должны принимать государства-участники в целях обеспечения гарантий за- щиты ребенка от практики торговли детьми, детской проституции и детской порнографии, считая также, что в Конвенции о правах ребенка признается право ребенка на защиту от экономиче- ской эксплуатации и от выполнения любой работы, которая может представлять опасность для его здоро- вья или служить препятствием в получении им образования, либо наносить ущерб его здоровью и физиче- скому, умственному и духовному, нравственному и социальному развитию, будучи крайне обеспокоенными значительными и растущими масштабами международной контрабанд- ной перевозки детей для целей торговли детьми, детской проституции и детской порнографии, будучи глу- боко обеспокоенными широко распространенной и продолжающейся практикой секс-туризма, особенно опасной для детей, поскольку она непосредственно стимулирует торговлю детьми, детскую проституцию и детскую порнографию, признавая, что ряд особо уязвимых групп детей, включая малолетних девочек, в большей степени под- вергается риску сексуальной эксплуатации и что доля малолетних девочек является несоразмерно высокой среди сексуально эксплуатируемых детей, будучи обеспокоенными растущей доступностью детской порнографии в Интернете и в рамках других развивающихся технологий и ссылаясь на Международную конференцию по борьбе с детской порнографи- ей в Интернете (Вена, 1999 год), и в частности на ее решение, призывающее к криминализации во всем мире производства, распространения, экспорта, передачи, импорта, умышленного хранения детской порногра- фии и ее рекламы, и подчеркивающее важное значение более тесного сотрудничества и партнерства между правительствами и индустрией Интернета, считая, что ликвидации торговли детьми, детской проституции и детской порнографии будет содей- ствовать принятие всеобъемлющего подхода, учитывающего все способствующие этим явлениям факто- ры, включая недостаточное развитие, нищету, экономические диспропорции, неравноправную социально- экономическую структуру, наличие неблагополучных семей, низкий уровень образования, миграцию между городами и сельской местностью, дискриминацию по признаку пола, безответственное сексуальное поведение взрослых, вредные виды традиционной практики, вооруженные конфликты и контрабандную перевозку детей, считая, что для сокращения потребительского спроса на торговлю детьми, детскую проституцию и дет- скую порнографию необходимо предпринять усилия по повышению уровня информированности общества, и будучи также убежденными в важном значении укрепления глобальных партнерских отношений между всеми участниками, а также усиления правоприменительных мер на национальном уровне,
41 Торговля людьми и равенство полов в Молдове
принимая во внимание положения международно-правовых актов в области защиты детей, включая Га- агскую конвенцию о защите детей и сотрудничестве в области межгосударственного усыновления, Гаагскую конвенцию о гражданско-правовых аспектах международного похищения детей, Гаагскую конвенцию о юрисдикции, применимом праве, признании, правоприменении и сотрудничестве в вопросах родительской ответственности и мерах по защите детей и Конвенцию Международной организации труда № 182 о запре- щении и немедленных мерах по искоренению наихудших форм детского труда, будучи воодушевленными повсеместной поддержкой Конвенции о правах ребенка, свидетельствующей о широкой приверженности делу поощрения и защиты прав ребенка, признавая важное значение осуществления положений Программы действий по предупреждению тор- говли детьми, детской проституции и детской порнографии и Декларации и Плана действий, принятых на состоявшемся в 27?31 августа 1996 году Всемирном конгрессе против сексуальной эксплуатации детей в коммерческих целях, а также других решений и рекомендаций по этому вопросу соответствующих между- народных органов, должным образом учитывая важное значение традиций и культурных ценностей каждого народа для защиты и гармоничного развития ребенка, договорились о нижеследующем:
Статья 1 Государства-участники запрещают торговлю детьми, детскую проституцию и детскую порнографию, как это предусмотрено настоящим Протоколом.
Статья 2 Для целей настоящего Протокола: a) торговля детьми означает любой акт или сделку, посредством которых ребенок передается любым ли- цом или любой группой лиц другому лицу или группе лиц за вознаграждение или любое иное возмещение; b) детская проституция означает использование ребенка в деятельности сексуального характера за воз- награждение или любую иную форму возмещения; c) детская порнография означает любое изображение какими бы то ни было средствами ребенка, со- вершающего реальные или смоделированные откровенно сексуальные действия, или любое изображение половых органов ребенка главным образом в сексуальных целях.
Статья 3 1. Каждое государство-участник обеспечивает, чтобы, как минимум, следующие деяния и виды деятель- ности были в полной мере охвачены его криминальным или уголовным правом, независимо о того, были ли эти преступления совершены на национальном или транснациональном уровне или в индивидуальном или организованном порядке: а) в контексте торговли детьми, определяемой в статье 2: i) предложение, передача или получение какими бы то ни было средствами ребенка с целью: a. сексуальной эксплуатации ребенка; b. передачи органов ребенка за вознаграждение; c. использования ребенка на принудительных работах; ii) неправомерное склонение, в качестве посредничества, к согласию на усыновление ребенка в наруше- ние применимых международно-правовых актов, касающихся усыновления; b) предложение, получение, передача или предоставление ребенка для целей детской проституции, опре- деляемой в статье 2; c) производство, распределение, распространение, импорт, экспорт, предложение, продажа или хране- ние в вышеупомянутых целях детской порнографии, определяемой в статье 2. 2. С учетом положений национального законодательства государства-участника аналогичные положе- ния применяются в отношении покушения на совершение любого из этих деяний, а также пособничества или соучастия в совершении любого из этих деяний. 3. Каждое государство-участник предусматривает надлежащие меры наказания за эти преступления, исходя из степени их тяжести. 4. С учетом положений своего национального законодательства каждое государство-участник в соответ- ствующих случаях принимает меры по установлению ответственности юридических лиц за преступления, предусмотренные в пункте 1 настоящей статьи. С учетом правовых принципов государства-участника эта ответственность юридических лиц может быть уголовной, гражданской или административной. 5. Государства-участники принимают все надлежащие правовые и административные меры в целях обе- спечения того, чтобы все лица, имеющие отношение к усыновлению ребенка, действовали в соответствии с положениями применимых международно-правовых актов.
42 дополнительные нормативные акты
Статья 4 1. Каждое государство-участник принимает такие меры, которые могут оказаться необходимыми, для установления своей юрисдикции в отношении преступлений, указанных в пункте 1 статьи 3, в тех случаях, когда такие преступления совершаются на его территории или на борту морского или воздушного судна, зарегистрированного в этом государстве. 2. Каждое государство-участник может принимать такие меры, которые могут оказаться необходимыми, для установления своей юрисдикции в отношении преступлений, указанных в пункте 1 статьи 3, в следующих случаях: a) когда предполагаемый преступник является гражданином этого государства или лицом, место обыч- ного проживания которого находится на его территории; b) когда жертва является гражданином этого государства. 3. Каждое государство-участник также принимает такие меры, которые могут оказаться необходимыми, для установления своей юрисдикции в отношении вышеупомянутых преступлений, когда предполагаемый преступник находится на его территории и оно не выдает его или ее другому государству-участнику на том основании, что преступление было совершено одним из его граждан. 4. Настоящий Протокол не исключает любую уголовную юрисдикцию, осуществляемую в соответствии с внутригосударственным правом.
Статья 5 1. Преступления, указанные в пункте 1 статьи 3, считаются подлежащими включению в качестве престу- плений, влекущих выдачу, в любой договор о выдаче, существующий между государствами-участниками, а также включаются в качестве преступлений, влекущих выдачу, в любой договор о выдаче, заключаемый меж- ду ними впоследствии, в соответствии с условиями, установленными в этих договорах. 2. Если государство-участник, которое обусловливает выдачу наличием договора, получает просьбу о выдаче от другого государства-участника, с которым оно не имеет договора о выдаче, оно может рассматри- вать настоящий Протокол в отношении таких преступлений в качестве правового основания для выдачи. Выдача осуществляется в соответствии с условиями, предусмотренными законодательством государства, к которому обращена просьба о выдаче. 3. Государства-участники, не обусловливающие выдачу наличием договора, рассматривают в отношениях между собой такие преступления в качестве преступлений, влекущих выдачу, в соответствии с условиями, предусмотренными законодательством государства, к которому обращена просьба о выдаче. 4. Такие преступления для целей выдачи между государствами-участниками рассматриваются, как если бы они были совершены не только в месте их совершения, но также и на территории государств, которые обязаны установить свою юрисдикцию в соответствии со статьей 4. 5. Если просьба о выдаче поступает в связи с одним из преступлений, указанных в пункте 1 статьи 3, и если государство-участник, к которому обращена такая просьба, не выдает или не будет выдавать преступ- ника на основании его гражданства, это государство принимает надлежащие меры для передачи дела своим компетентным органам в целях возбуждения уголовного преследования.
Статья 6 1. Государства-участники оказывают друг другу максимальную помощь в связи с расследованиями или уголовным преследованием или процедурами выдачи, начатыми в отношении преступлений, указанных в пункте 1 статьи 3, включая оказание содействия в получении имеющихся у них доказательств, необходимых для осуществления упомянутых процессуальных действий. 2. Государства-участники выполняют свои обязательства по пункту 1 настоящей статьи, руководствуясь любыми договорами или другими договоренностями о взаимной правовой помощи, которые могут суще- ствовать между ними. В отсутствие таких договоров или договоренностей государства-участники оказыва- ют друг другу помощь в соответствии с их внутригосударственным правом.
Статья 7 Государства-участники в соответствии с положениями их национального законодательства: a) в соответствующих случаях принимают меры, обеспечивающие изъятие и конфискацию: i) имущества, такого, как материалы, средства и другое оборудование, используемое для совершения или содействия совершению преступлений, предусмотренных настоящим Протоколом; ii) доходов, полученных в результате совершения таких преступлений; b) выполняют просьбы другого государства-участника об изъятии или конфискации имущества или до- ходов, указанных в подпункте (a)(i); c) принимают меры, направленные на закрытие на временной или постоянной основе помещений, ис- пользуемых для совершения таких преступлений.
43 Торговля людьми и равенство полов в Молдове
Статья 8 1. Государства-участники принимают надлежащие меры для защиты прав и интересов детей - жертв практики, запрещаемой настоящим Протоколом, на всех стадиях уголовного судопроизводства, в частно- сти, путем: a) признания уязвимости детей-жертв и адаптации процедур для признания их особых потребностей, в том числе их особых потребностей в качестве свидетелей; b) информирования детей-жертв об их правах, их роли и о содержании, сроках и ходе судопроизводства и о решении по их делам; c) обеспечения того, чтобы мнения, потребности и проблемы детей-жертв представлялись и рассматри- вались в ходе судопроизводства в соответствии с процессуальными нормами национального законодатель- ства в тех случаях, когда затрагиваются их личные интересы; d) предоставления детям — жертвам услуг по оказанию надлежащей поддержки на всех стадиях судо- производства; e) защиты в надлежащих случаях частной жизни и личности детей-жертв и принятия в соответствии с национальным законодательством мер, с целью избежать нежелательного распространения информации, которая могла бы привести к установлению личности детей-жертв; f) обеспечения в надлежащих случаях защиты детей-жертв, а также их семей и выступающих от их име- ни свидетелей, от запугивания и применения мер возмездия; g) недопущения чрезмерных задержек с вынесением решений по делам и исполнением распоряжений и постановлений, о предоставлении компенсации детям-жертвам. 2. Государства-участники обеспечивают, чтобы наличие сомнений в отношении подлинного возраста жертвы не препятствовало началу уголовного расследования, включая расследование с целью установления возраста жертвы. 3. Государства-участники обеспечивают, чтобы в системе уголовного судопроизводства при обращении с детьми, которые являются жертвами преступлений, предусмотренных настоящим Протоколом, первооче- редное внимание уделялось соблюдению наилучших интересов ребенка. 4. Государства-участники принимают меры для обеспечения надлежащей подготовки, в частности юри- дической и психологической, для лиц, работающих с детьми — жертвами преступных деяний, запрещенных в соответствии с настоящим Протоколом. 5. Государства-участники в надлежащих случаях принимают меры по обеспечению безопасности и не- прикосновенности тех лиц и/или организаций, занимающихся превентивной деятельностью и/или защи- той и реабилитацией жертв таких преступлений. 6. Ничто в настоящей статье не толкуется как наносящее ущерб или противоречащее правам обвиняемо- го на справедливое и беспристрастное судебное разбирательство.
Статья 9 1. Государства-участники принимают или укрепляют, применяют и пропагандируют законы, администра- тивные меры, социальные стратегии и программы с целью предупреждения преступлений, указанных в настоя- щем Протоколе. Особое внимание уделяется защите детей, особенно уязвимых в отношении такой практики. 2. Государства-участники содействуют повышению осведомленности широких кругов общественности, включая детей, путем обеспечения информирования с использованием всех соответствующих средств, про- свещения и обучения в отношении превентивных мер и вредных последствий преступлений, указанных в настоящем Протоколе. При выполнении своих обязательств по настоящей статье государства-участники поощряют участие общества, и в частности детей и детей-жертв, в таких информационно-просветительских и учебных программах, в том числе на международном уровне. 3. Государства-участники принимают все возможные меры с целью обеспечения оказания любой над- лежащей помощи жертвам таких преступлений, включая их полную социальную реинтеграцию и их полное физическое и психологическое восстановление. 4. Государства-участники обеспечивают, чтобы все дети — жертвы преступлений, указанных в настоя- щем Протоколе, имели доступ к надлежащим процедурам получения от несущих юридическую ответствен- ность лиц компенсации за причиненный ущерб без какой бы то ни было дискриминации. 5. Государства-участники принимают надлежащие меры, направленные на обеспечение действенного запрещения производства и распространения материалов, пропагандирующих преступления, указанные в настоящем Протоколе.
Статья 10 1. Государства-участники принимают все необходимые меры по укреплению международного сотруд- ничества путем заключения многосторонних, региональных и двусторонних договоренностей в целях предупреждения, обнаружения, расследования, уголовного преследования и наказания лиц, виновных в со-
44 дополнительные нормативные акты
вершении деяний, связанных с торговлей детьми, детской проституцией, детской порнографией и детским секс-туризмом. Государства-участники содействуют также международному сотрудничеству и координа- ции между своими органами, национальными и международными неправительственными организациями и международными организациями. 2. Государства-участники содействуют развитию международного сотрудничества, направленного на оказание детям — жертвам помощи в их физическом и психологическом восстановлении, социальной ре- интеграции и репатриации. 3. Государства-участники содействуют укреплению международного сотрудничества в целях устранения основных причин, таких, как нищета и недостаточное развитие, усугубляющих уязвимость детей как объ- ектов торговли детьми, детской проституции, детской порнографии и детского секс-туризма. 4. Государства-участники, располагающие для этого соответствующими возможностями, оказывают финансовую, техническую или другую помощь в рамках существующих многосторонних, региональных, двусторонних или других программ.
Статья 11 Ничто в настоящем Протоколе не затрагивает никаких положений, которые в большей мере способству- ют осуществлению прав ребенка и которые могут содержаться: a) в законодательстве государства-участника; b) в нормах международного права, действующих для этого государства.
Статья 12 1. Каждое государство-участник в течение двух лет после вступления в силу данного Протокола для это- го государства-участника, представляет Комитету по правам ребенка доклад, содержащий всеобъемлющую информацию о мерах, принятых им в целях осуществления положений данного Протокола. 2. После представления всеобъемлющего доклада каждое государство-участник включает в доклады, представляемые им Комитету по правам ребенка в соответствии со статьей 44 Конвенции, любую дополни- тельную информацию, касающуюся осуществления Протокола. Другие государства — участники Протоко- ла представляют доклад каждые пять лет. 3. Комитет по правам ребенка может запросить у государств-участников дополнительную информацию, касающуюся осуществления настоящего Протокола.
Статья 13 1. Настоящий Протокол открыт для подписания любым государством, которое является участником Конвенции или подписало ее. 2. Настоящий Протокол подлежит ратификации и открыт для присоединения любого государства, кото- рое является участником Конвенции или подписало ее. Ратификационные грамоты или документы о при- соединении сдаются на хранение Генеральному секретарю Организации Объединенных Наций.
Статья 14 1. Настоящий Протокол вступает в силу через три месяца после сдачи на хранение десятой ратификаци- онной грамоты или документа о присоединении. 2. Для каждого государства, которое ратифицирует настоящий Протокол или присоединится к нему по- сле его вступления в силу, настоящий Протокол вступает в силу через один месяц после сдачи на хранение его ратификационной грамоты или документа о присоединении.
Статья 15 1. Любое государство-участник может денонсировать настоящий Протокол в любое время путем пись- менного уведомления Генерального секретаря Организации Объединенных Наций, который затем инфор- мирует об этом другие государства — участники Конвенции и все государства, подписавшие Конвенцию. Денонсация вступает в силу по истечении одного года после даты получения такого уведомления Генераль- ным секретарем Организации Объединенных Наций. 2. Такая денонсация не освобождает государство-участник от его обязательств по настоящему Прото- колу в отношении любого преступления, совершенного до даты вступления денонсации в силу. Равным образом такая денонсация ни в коей мере не препятствует дальнейшему рассмотрению любого вопроса, который уже находится на рассмотрении Комитета до даты вступления денонсации в силу.
Статья 16 1. Любое государство-участник может предложить поправку и представить ее Генеральному секретарю Организации Объединенных Наций. Генеральный секретарь затем препровождает предложенную поправ-
45 Торговля людьми и равенство полов в Молдове
ку государствам-участникам с просьбой указать, высказываются ли они за созыв конференции государств- участников с целью рассмотрения этих предложений и проведения по ним голосования. Если в течение четырех месяцев, начиная с даты такого сообщения, по крайней мере одна треть государств-участников вы- скажется за такую конференцию, Генеральный секретарь созывает эту конференцию под эгидой Организации Объединенных Наций. Любая поправка, принятая большинством государств-участников, присутствующих и участвующих в голосовании на этой конференции, представляется Генеральной Ассамблее на утверждение. 2. Поправка, принятая в соответствии с пунктом 1 настоящей статьи, вступает в силу по утверждении ее Генеральной Ассамблеей Организации Объединенных Наций и принятии ее большинством в две трети голосов государств-участников. 3. Когда поправка вступает в силу, она становится обязательной для тех государств-участников, которые ее приняли, а для других государств-участников остаются обязательными положения настоящего Протоко- ла и любые предшествующие поправки, которые ими приняты.
Статья 17 1. Настоящий Протокол, английский, арабский, испанский, китайский, русский и французский тексты кото- рого являются равно аутентичными, подлежит сдаче на хранение в архив Организации Объединенных Наций. 2. Генеральный секретарь Организации Объединенных Наций препровождает заверенные копии настоя- щего Протокола всем государствам — участникам Конвенции и всем государствам, подписавшим Конвенцию.
46 дополнительные нормативные акты
4. Уголовный кодекс Республики Молдова N 985-XV от 18.04.2002*
Глава III ПРЕСТУПЛЕНИЯ ПРОТИВ СВОБОДЫ, ЧЕСТИ И ДОСТОИНСТВА ЛИЧНОСТИ Статья 165. Торговля людьми (1) Вербовка, перевозка, передача, укрывательство или получение лица с его согласия или без таково- го в целях коммерческой или некоммерческой сексуальной эксплуатации, эксплуатации принудительного труда или услуг, а также попрошайничества, эксплуатации в рабстве или условиях, сходных с рабством, использования в вооруженных конфликтах или в преступной деятельности, изъятия органов или тканей, совершенные путем: а) угрозы применения или применения физического или психического насилия, не опасного для жизни и здоровья лица, в том числе путем похищения, изъятия документов и удержания лица в подневольном состоянии с целью погашения установленного в неразумных пределах долга, а также угрозы сообщения конфиденциальной информации семье жертвы или другим лицам, как физическим, так и юридическим; b) обмана; с) злоупотребления уязвимостью положения или злоупотребления властью, дачи или принятия плате- жей либо выгод для получения согласия лица, контролирующего другое лицо, наказываются лишением свободы на срок от 5 до 12 лет с лишением права занимать определенные долж- ности или заниматься определенной деятельностью на срок от 2 до 5 лет, а юридическое лицо наказывается штрафом в размере от 3000 до 5000 условных единиц с лишением права осуществлять определенную дея- тельность или с ликвидацией юридического лица. (2) Те же действия, совершенные: а) лицом, ранее совершившим деяние, предусмотренное частью (1); b) в отношении двух или более лиц; с) в отношении беременной женщины; d) двумя или более лицами; е) должностным лицом или должностным лицом, занимающим ответственное положение; f) с применением насилия, опасного для жизни, физического или психического здоровья лица; g) с применением пыток, бесчеловечного или унижающего достоинство обращения с целью подчинения лица либо с изнасилованием, использованием физической зависимости, оружия, наказываются лишением свободы на срок от 7 до 15 лет с лишением права занимать определенные долж- ности или заниматься определенной деятельностью на срок от 2 до 5 лет, а юридическое лицо наказывается штрафом в размере от 5000 до 7000 условных единиц с лишением права осуществлять определенную дея- тельность или с ликвидацией юридического лица. (3) Действия, предусмотренные частями (1) или (2): а) совершенные организованной преступной группой или преступной организацией; b) повлекшие тяжкое телесное повреждение или психическое расстройство либо смерть или самоубий- ство лица, наказываются лишением свободы на срок от 10 до 20 лет с лишением права занимать определенные должности или заниматься определенной деятельностью на срок от 3 до 5 лет, а юридическое лицо наказы- вается штрафом в размере от 7000 до 9000 условных единиц с лишением права осуществлять определенную деятельность или с ликвидацией юридического лица. (4) Жертва торговли людьми освобождается от уголовной ответственности за совершение преступле- ний в связи с этим процессуальным статусом. [Ст.165 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] [Ст.165 изменена Законом N 193-XVI от 26.09.2008, в силу 21.10.2008] [Ст.165 изменена Законом N 376-XVI от 29.12.05, в силу 31.01.06] [Ст.165 дополнена Законом N 211-XV от 29.05.03, в силу 12.06.03]
* Переопубликован: Мониторул Офичиал ал Р.Молдова N 72-74/195 от 14.04.2009 Мониторул Офичиал ал Р.Молдова N 128-129/1012 от 13.09.2002
47 Торговля людьми и равенство полов в Молдове
Статья 166. Незаконное лишение свободы (1) Незаконное лишение лица свободы, если это не связано с его похищением, наказывается неоплачиваемым трудом в пользу общества на срок от 120 до 240 часов или лишением свободы на срок до 2 лет. (2) То же действие, совершенное: [Пкт.a) исключен Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] b) в отношении двух или более лиц; с) в отношении заведомо несовершеннолетнего или беременной женщины либо с использованием за- ведомо или очевидно беспомощного состояния потерпевшего, обусловленного преклонным возрастом, бо- лезнью, физическими или психическими отклонениями либо иного рода факторами; d) двумя или более лицами; е) с применением насилия, опасного для жизни или здоровья лица; f) с применением оружия или других предметов, используемых в качестве оружия, наказывается лишением свободы на срок от 2 до 7 лет. (3) Действия, предусмотренные частями (1) или (2), повлекшие по неосторожности причинение тяжкого телесного повреждения или иного тяжкого вреда здоровью либо смерть потерпевшего, наказываются лишением свободы на срок от 5 до 10 лет. [Ст.166 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] [Ст.166 изменена Законом N 184-XVI от 29.06.2006, в силу 11.08.2006]
Статья 167. Рабство и условия, сходные с рабством Поставление или удержание лица в условиях, когда другое лицо владеет им, либо воздействие на лицо с использованием обмана, принуждения, насилия или угрозы насилием с целью вступления в сожительство или в брак либо удержания в сожительстве или в браке наказываются лишением свободы на срок от 3 до 10 лет с лишением или без лишения права занимать определенные должности или заниматься определенной деятельностью на срок до 5 лет. [Ст.167 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009]
Статья 168. Принудительный труд Принуждение лица к труду против его воли, удержание лица в подневольном состоянии с целью по- гашения им долга, а равно использование труда или услуг лица путем обмана, принуждения, насилия или угрозы насилием наказываются лишением свободы на срок до 3 лет. [Ст.168 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009]
Статья 169. Незаконное помещение в психиатрическую больницу (1) Незаконное помещение в психиатрическую больницу заведомо психически здорового лица наказывается лишением свободы на срок до 3 лет с лишением права занимать определенные должности или заниматься определенной деятельностью на срок до 3 лет. (2) То же действие, повлекшее по неосторожности: а) причинение тяжкого телесного повреждения или иного тяжкого вреда здоровью; b) смерть потерпевшего, наказывается лишением свободы на срок от 3 до 7 лет с лишением права занимать определенные долж- ности или заниматься определенной деятельностью на срок от 3 до 5 лет. [Ст.169 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009]
Глава VII ПРЕСТУПЛЕНИЯ ПРОТИВ СЕМЬИ И НЕСОВЕРШЕННОЛЕТНИХ Статья 2011. Насилие в семье (1) Насилие в семье, то есть намеренное физическое или вербальное действие или бездействие, совер- шенное одним членом семьи по отношению к другому члену семьи, причинившее физические страдания, сопряженные с легкими телесными повреждениями или иным незначительным вредом здоровью, нрав- ственные страдания либо материальный или моральный ущерб, наказывается неоплачиваемым трудом в пользу общества на срок от 150 до 180 часов или лишением свободы на срок до 2 лет.
48 дополнительные нормативные акты
(2) То же деяние: а) совершенное в отношении двух или более членов семьи; b) повлекшее причинение телесного повреждения средней тяжести или иного средней тяжести вреда здоровью, наказывается неоплачиваемым трудом в пользу общества на срок от 180 до 240 часов или лишением свободы на срок до 5 лет. (3) То же деяние: а) повлекшее причинение тяжкого телесного повреждения или иного тяжкого вреда здоровью; b) повлекшее самоубийство или покушение на него; с) повлекшее смерть жертвы, наказывается лишением свободы на срок от 5 до 15 лет. [Ст.2011 введена Законом N 167 от 09.07.2010, в силу 03.09.2010] [Ст.202 исключена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] [Ст.203 исключена Законом N 292-XVI от 21.12.2007, в силу 08.02.2008]
Статья 206. Торговля детьми (1) Вербовка, перевозка, передача, укрывательство или получение ребенка, а равно дача или принятие пла- тежей или выгод для получения согласия лица, контролирующего ребенка, совершенные в целях: а) коммерческой и некоммерческой сексуальной эксплуатации в проституции или порнографической индустрии; b) эксплуатации принудительного труда или услуг; b1) использования для попрошайничества или в иных низменных целях; с) эксплуатации в рабстве или условиях, сходных с рабством, в том числе при незаконном усыновлении; d) использования в вооруженных конфликтах; е) использования в преступной деятельности; f) изъятия человеческих органов или тканей; g) оставления за границей; h) продажи или покупки, наказываются лишением свободы на срок от 8 до 12 лет с лишением права занимать определенные долж- ности или заниматься определенной деятельностью на срок от 2 до 5 лет, а юридическое лицо наказывается штрафом в размере от 3000 до 5000 условных единиц с лишением права осуществлять определенную дея- тельность или с ликвидацией юридического лица. (2) Те же действия, сопряженные: a) с применением физического и психического насилия, огнестрельного оружия либо с угрозой его при- менения; b) с сексуальным злоупотреблением и насилием; c) путем злоупотребления властью или с использованием беспомощного состояния ребенка, с угрозой сообщения конфиденциальной информации семье ребенка или другим лицам; [Пкт.d), e) исключены Законом N 235-XVI от 08.11.2007, в силу 07.12.2007] f) с изъятием человеческих органов или тканей, наказываются лишением свободы на срок от 10 до 15 лет с лишением права занимать определенные должности или заниматься определенной деятельностью на срок от 2 до 5 лет, а юридическое лицо наказы- вается штрафом в размере от 5000 до 7000 условных единиц с лишением права осуществлять определенную деятельность или с ликвидацией юридического лица. (3) Действия, предусмотренные частями (1) или (2): а) совершенные лицом, ранее совершившим те же действия; b) совершенные в отношении двух или более детей; с) совершенные должностным лицом или должностным лицом, занимающим ответственное положение; d) совершенные организованной преступной группой или преступной организацией; e) повлекшие тяжкое телесное повреждение или психическое расстройство либо смерть или самоубий- ство ребенка; f) совершенные в отношении ребенка, не достигшего 14 лет, наказываются лишением свободы на срок от 15 до 20 лет с лишением права занимать определенные должности или заниматься определенной деятельностью на срок от 3 до 5 лет или пожизненным заключе-
49 Торговля людьми и равенство полов в Молдове
нием, а юридическое лицо наказывается штрафом в размере от 7000 до 9000 условных единиц с лишением права осуществлять определенную деятельность или с ликвидацией юридического лица. (4) Жертва торговли детьми освобождается от уголовной ответственности за совершение преступлений в связи с этим процессуальным статусом. [Ст.206 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] [Ст.206 изменена Законом N 193-XVI от 26.09.2008, в силу 21.10.2008] [Ст.206 дополнена Законом N 235-XVI от 08.11.2007, в силу 07.12.2007] [Ст.206 изменена Законом N 376-XVI от 29.12.05, в силу 31.01.06] [Ст.206 дополнена Законом N 211-XV от 29.05.03, в силу 12.06.03]
Статья 207. Незаконный вывоз детей из страны Вывоз ребенка из страны по поддельным документам или иным незаконным путем, а равно оставление его за границей в иных целях, чем указанные в статье 206, наказываются лишением свободы на срок от 2 до 6 лет. [Ст.207 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009]
Статья 2081. Детская порнография Изготовление, раздача, распространение, ввоз, вывоз, предоставление, продажа, обмен, использование либо хранение фотографий или других изображений ребенка или нескольких детей, вовлеченных в явные сексуальные действия, реальные или симулированные, либо фотографий или других изображений половых органов ребенка, представленных в похотливой или непристойной манере, в том числе в электронной фор- ме, наказываются лишением свободы на срок от одного года до 3 лет, а в случае юридического лица – штра- фом в размере от 2000 до 4000 условных единиц с лишением права заниматься определенной деятельностью. [Ст.2081 введена Законом N 235-XVI от 08.11.2007, в силу 07.12.2007]
Статья 209. Вовлечение несовершеннолетних в незаконное потребление наркотиков, лекарственных средств или иных веществ, обладающих одурманивающим действием (1) Вовлечение несовершеннолетних в незаконное потребление наркотиков, лекарственных средств или иных веществ, обладающих одурманивающим действием, лицом, достигшим 18 лет, наказывается штрафом в размере от 200 до 600 условных единиц или лишением свободы на срок до 5 лет. (2) То же действие, совершенное: [Пкт.a) исключен Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] b) с применением насилия или с угрозой его применения, наказывается штрафом в размере от 400 до 800 условных единиц или лишением свободы на срок от 3 до 6 лет.
Глава VIII ПРЕСТУПЛЕНИЯ ПРОТИВ ОБЩЕСТВЕННОГО ЗДОРОВЬЯ И ОБЩЕЖИТИЯ Статья 220. Сутенерство (1) Побуждение или склонение к проституции, либо содействие проституции, либо получение выгоды вследствие занятия проституцией другим лицом наказываются штрафом в размере от 200 до 800 условных единиц или лишением свободы на срок от 2 до 5 лет. (2) Те же действия: а) совершенные организованной преступной группой или преступной организацией; [Пкт.b) исключен Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] с) совершенные в отношении двух или более лиц; d) совершенные с применением насилия, не опасного для жизни или здоровья лица, либо с угрозой при- менения такого насилия в отношении занимающегося проституцией лица либо его родственников или близких, наказываются лишением свободы на срок от 4 до 7 лет. [Ст.220 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] [Ст.220 изменена Законом N 184-XVI от 29.06.2006, в силу 11.08.2006]
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Глава XVII ПРЕСТУПЛЕНИЯ ПРОТИВ ПУБЛИЧНОЙ ВЛАСТИ И БЕЗОПАСНОСТИ ГОСУДАРСТВА Статья 360. Изъятие, хищение, сокрытие, повреждение или уничтожение документов, печатей, штампов или бланков (1) Изъятие, хищение, сокрытие, повреждение или уничтожение документов, а равно печатей, штампов или бланков предприятий, учреждений, организаций независимо от вида собственности и организационно- правовой формы, если эти действия были совершены из корыстных или иных низменных интересов, наказываются штрафом в размере до 400 условных единиц, или неоплачиваемым трудом в пользу обще- ства на срок от 150 до 200 часов, или лишением свободы на срок до 3 лет. (2) Изъятие, хищение, сокрытие, повреждение, уничтожение или хранение удостоверений личности или других важных документов физических лиц с целью ограничения свободы лица, в том числе свободы пере- движения, или лишения лица свободы наказываются штрафом в размере до 500 условных единиц, или неоплачиваемым трудом в пользу обще- ства на срок от 180 до 240 часов, или лишением свободы на срок до 5 лет. [Ст.360 изменена Законом N 184-XVI от 29.06.2006, в силу 11.08.2006]
Статья 361. Изготовление, владение, сбыт или использование поддельных официальных документов, печатей, штампов или бланков (1) Изготовление, владение, сбыт или использование поддельных официальных документов, предостав- ляющих права или освобождающих от обязанностей, а равно изготовление или сбыт поддельных печа- тей, штампов или бланков предприятий, учреждений, организаций независимо от вида собственности и организационно-правовой формы наказываются штрафом в размере до 300 условных единиц, или неоплачиваемым трудом в пользу обще- ства на срок от 150 до 200 часов, или лишением свободы на срок до 2 лет. (2) Те же действия: [Пкт.a) исключен Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] b) совершенные двумя или более лицами; с) совершенные в отношении документа особой важности; d) повлекшие причинение ущерба в крупных размерах общественным интересам либо правам и охра- няемым законом интересам физических или юридических лиц, наказываются штрафом в размере от 200 до 600 условных единиц, или неоплачиваемым трудом в пользу общества на срок от 180 до 240 часов, или лишением свободы на срок до 5 лет. [Ст.361 изменена Законом N 184-XVI от 29.06.2006, в силу 11.08.2006]
Статья 362. Незаконный переход государственной границы (1) Переход государственной границы Республики Молдова, совершенный помимо пограничного кон- троля или с сокрытием от него, наказывается штрафом в размере до 400 условных единиц, или неоплачиваемым трудом в пользу обще- ства на срок от 150 до 200 часов, или лишением свободы на срок до 2 лет. [Часть (2) исключена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] (3) Действия, предусмотренные частью (1): а) сопряженные с насилием; b) совершенные с применением оружия, наказываются лишением свободы на срок от 3 до 8 лет. (4) Действие настоящей статьи не распространяется на иностранных граждан, прибывших в Республику Молдова без паспорта установленного образца или без разрешения с целью воспользоваться правом убе- жища, предоставляемым Конституцией Республики Молдова, и на лиц, являющихся жертвами торговли людьми. [Ст.362 изменена Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] [Ст.362 изменена Законом N 184-XVI от 29.06.2006, в силу 11.08.2006]
51 Торговля людьми и равенство полов в Молдове
Статья 3621. Организация незаконной миграции (1) Организация с целью получения, прямо или косвенно, финансовой или материальной выгоды не- законного въезда, пребывания, транзита или выезда с территории государства лица, не являющегося ни гражданином, ни резидентом данного государства, наказывается штрафом в размере от 300 до 500 условных единиц или лишением свободы на срок от 1 года до 3 лет с лишением права занимать определенные должности или заниматься определенной деятель- ностью на срок от 1 года до 3 лет, а юридическое лицо наказывается штрафом от 1000 до 2000 условных еди- ниц с лишением права осуществлять определенную деятельность или с ликвидацией юридического лица. (2) Те же действия, совершенные: [Пкт.a) исключен Законом N 277-XVI от 18.12.2008, в силу 24.05.2009] b) в отношении двух или более лиц; c) двумя или более лицами, наказываются штрафом в размере от 500 до 800 условных единиц или лишением свободы на срок от 3 до 5 лет с лишением права занимать определенные должности или заниматься определенной деятельностью на срок от 1 года до 3 лет, а юридическое лицо наказывается штрафом от 2000 до 3000 условных единиц с лише- нием права осуществлять определенную деятельность или с ликвидацией юридического лица. (3) Действия, предусмотренные частями (1) или (2): а) совершенные организованной преступной группой или преступной организацией; b) причинившие ущерб в особо крупном размере общественным интересам или законным правам и интересам физических и юридических лиц, наказываются штрафом в размере от 800 до 1000 условных единиц или лишением свободы на срок от 5 до 7 лет с лишением права занимать определенные должности или заниматься определенной деятельностью на срок от 3 до 5 лет, а юридическое лицо наказывается штрафом в размере от 3000 до 5000 условных единиц с лишением права осуществлять определенную деятельность или с ликвидацией юридического лица. [Ст.3621 изменена Законом N 193-XVI от 26.09.2008, в силу 21.10.2008] [Ст.3621 внесена Законом N 376-XVI от 29.12.05, в силу 31.01.06]
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5. Уголовно-процессуальный кодекс Республики Молдова (Общая часть) N 122-XV от 14.03.2003* Мониторул Офичиал ал Р.Молдова N 104-110/447 от 07.06.2003
Глава II МЕРЫ ЗАЩИТЫ Статья 2151. Меры защиты, применяемые к жертвам насилия в семье (1) Заявление жертвы насилия в семье, адресованное в ходе уголовного процесса органу уголовного преследования, прокурору или судебной инстанции, об угрозе убийством, насилием, уничтожением или повреждением имущества либо другими насильственными действиями рассматривается судебной инстан- цией, которая обязана принять меры по обеспечению защиты жертвы от подозреваемого, обвиняемого, подсудимого – члена семьи посредством вынесения защитного предписания. (2) В случае подачи заявления в орган уголовного преследования или прокурору последние посредством ходатайства незамедлительно направляют заявление в судебную инстанцию для рассмотрения. (3) Судебная инстанция в течение 24 часов с момента получения заявления своим определением вы- носит защитное предписание, которым может предоставить жертве защиту, применив к подозреваемому, обвиняемому, подсудимому одну или несколько из следующих мер: а) принуждение временно покинуть общее жилище или не приближаться к жилищу жертвы вне зависи- мости от права собственности на имущество; b) принуждение находиться от места нахождения жертвы на расстоянии, обеспечивающем ее безопас- ность; с) запрет на общение с жертвой, ее детьми и другими зависящими от нее лицами; d) запрет на посещение места работы или проживания жертвы; е) ограничение права одностороннего распоряжения общим имуществом; f) принуждение подвергнуться медицинскому обследованию на предмет психического состояния и нар- котической/алкогольной зависимости, а в случае наличия медицинского заключения, подтверждающего наркотическую/алкогольную зависимость, – пройти принудительное лечение от алкоголизма/наркомании; g) принуждение к участию в специальных лечебных или консультационных программах, если такая не- обходимость определена судебной инстанцией как средство сокращения или ликвидации насилия; h) запрет на хранение и ношение оружия. (4) Меры защиты применяются на срок до 3 месяцев. Срок мер защиты может быть продлен судебной инстанцией в случае поступления повторного заявления вследствие совершения актов насилия в семье или из-за невыполнения условий защитного предписания. (5) Защитное предписание безотлагательно направляется органу внутренних дел и органу социальной защиты по месту нахождения подозреваемого, обвиняемого, подсудимого и жертвы. (6) Определение судьи о применении или продлении защитного предписания подлежит немедленному исполнению с правом кассационного обжалования в вышестоящую судебную инстанцию. [Ст.2151 введена Законом N 167 от 09.07.2010, в силу 03.09.2010]
* Мониторул Офичиал ал Р.Молдова N 104-110/447 от 07.06.2003
53 Торговля людьми и равенство полов в Молдове
6. Гражданский процессуальный кодекс Республики Молдова N 225-XV от 30.05.2003*
Глава XXX1 ПРИМЕНЕНИЕ МЕР ЗАЩИТЫ В СЛУЧАЯХ НАСИЛИЯ В СЕМЬЕ [Глава XXX1 введена Законом N 167 от 09.07.2010, в силу 03.09.2010]
1. Статья 3181. Подача заявления (1) Заявление о применении мер защиты подается в судебную инстанцию жертвой насилия в семье или ее законным представителем, а в случае несовершеннолетнего – органом опеки и попечительства. В случае невозможности подачи заявления жертвой по ее просьбе заявление может быть подано прокурором, орга- ном социальной защиты или полицией. (2) Заявление о применении мер защиты подается в компетентную судебную инстанцию по месту жи- тельства или месту нахождения жертвы или агрессора, по месту обращения жертвы за помощью или по месту совершения акта насилия.
2. Статья 3182. Содержание заявления В заявлении о применении мер защиты указываются обстоятельства акта насилия, интенсивность, про- должительность, его последствия и другие обстоятельства, указывающие на необходимость применения мер защиты.
3. Статья 3183. Рассмотрение заявления (1) После получения заявления судебная инстанция незамедлительно связывается с участковой полицией по месту пребывания агрессора и требует информирования его об инициированной процедуре. (2) Судебная инстанция может потребовать, по обстоятельствам, от органа социальной защиты или по- лиции представления отчета, характеризующего соответствующую семью и агрессора. Судебная инстанция может затребовать представления и других необходимых для рассмотрения заявления документов. (3) Неявка в судебное заседание агрессора не препятствует рассмотрению заявления.
4. Статья 3184. Вынесение защитного предписания (1) Судебная инстанция в течение 24 часов с момента получения заявления о применении мер защиты выносит определение, которым удовлетворяет или отклоняет заявление. (2) При удовлетворении заявления судебная инстанция выносит защитное предписание, которым при- меняет к агрессору одну или несколько из следующих мер: a) принуждение временно покинуть общее жилище или не приближаться к жилищу жертвы без реше- ния каким-либо образом вопроса о праве на имущество; b) принуждение находиться от места нахождения жертвы на расстоянии, обеспечивающем ее безопас- ность; c) запрет на общение с жертвой, ее детьми и другими зависящими от нее лицами; d) запрет на посещение места работы или проживания жертвы; e) принуждение участвовать в содержании общих с жертвой детей до разрешения дела; f) принуждение возместить затраты и убытки, причиненные актами насилия, в том числе расходы на медицинскую помощь, а также расходы на приобретение или ремонт имущества взамен уничтоженного или испорченного; g) ограничение права одностороннего распоряжения общим имуществом; h) установление временного режима посещения своих несовершеннолетних детей; i) запрет на хранение и ношение оружия.
* Мониторул Офичиал ал Р.Молдова N 111-115/451 от 12.06.2003
54 дополнительные нормативные акты
(3) Меры защиты применяются на срок до трех месяцев. (4) Судебная инстанция безотлагательно передает защитное предписание полиции и органу социальной защиты для немедленного исполнения. (5) Предписание о мерах защиты, предусмотренных пунктами e) и f) части (2), направляется для немед- ленного исполнения в исполнительное бюро в соответствии с законодательством об исполнении решений гражданского характера.
5. Статья 3185. Продление и отмена защитного предписания (1) Срок мер защиты может быть продлен судебной инстанцией в случае поступления повторного за- явления вследствие совершения актов насилия в семье или из-за невыполнения условий защитного пред- писания. (2) По обоснованному заявлению жертвы судебная инстанция может отменить примененные меры за- щиты, убедившись, что желание жертвы свободно выражено и не является следствием давления со стороны агрессора.
6. Статья 3186. Обжалование определения об удовлетворении или отклонении заявления о применении мер защиты и обжалование определения о вынесении защитного предписания (1) Определение об удовлетворении или отклонении заявления о применении мер защиты и определе- ние о вынесении защитного предписания могут быть обжалованы в кассационном порядке согласно прави- лам, установленным настоящим кодексом. (2) Обжалование определения о вынесении защитного предписания не приостанавливает исполнения примененных мер. [Глава XXX1 введена Законом N 167 от 09.07.2010, в силу 03.09.2010]
55 Торговля людьми и равенство полов в Молдове
7. Семейный кодекс N 1316-XIV от 26.10.2000* Статья 53. Право ребенка на защиту (1) Ребенку гарантируется защита его прав и законных интересов. (2) Защита прав и законных интересов ребенка обеспечивается родителями или лицами, заменяющими их, а в случаях, предусмотренных законом, – прокурором, органом опеки и попечительства или другими уполномоченными на то органами. (3) Несовершеннолетний, признанный дееспособным до достижения совершеннолетия, самостоятельно защищает свои права и законные интересы. (4) Ребенок имеет право на защиту от злоупотреблений, в том числе от телесных наказаний, со стороны родителей или лиц, заменяющих их. (5) При нарушении прав и законных интересов ребенка, в том числе невыполнении или ненадлежащем выполнении родителями (одним из них) обязанностей по его содержанию, воспитанию, обучению, при злоупотреблении отцом или матерью родительскими правами ребенок может самостоятельно обратиться за защитой своих прав и законных интересов в орган опеки и попечительства, а по достижении возраста 14 лет – в судебную инстанцию. (6) Должностные, а также иные лица, которые знают о наличии угрозы жизни или здоровью ребенка, о нарушении его прав и законных интересов, обязаны сообщить об этом в орган опеки и попечительства и принять необходимые меры для защиты прав и законных интересов ребенка.
Статья 67. Лишение родительских прав Отец и мать могут быть лишены родительских прав, если: а) уклоняются от выполнения родительских обязанностей, в том числе от уплаты алиментов; b) отказываются взять ребенка из родильного дома, иного лечебного или воспитательного учреждения, из учреждения социальной защиты или иного подобного учреждения без уважительных на то причин; с) злоупотребляют своими правами; d) жестоко обращаются с ребенком, в том числе применяют физическое или психическое насилие, по- кушаются на его половую неприкосновенность; е) отрицательно влияют на ребенка аморальным поведением; f) страдают хроническим алкоголизмом или наркоманией; g) совершили умышленное преступление против жизни и здоровья ребенка либо против жизни и здо- ровья супруга; а также h) в других случаях, когда этого требуют интересы ребенка.
Статья 74. Обязанности родителей по содержанию детей (1) Родители обязаны содержать своих несовершеннолетних детей и нетрудоспособных совершеннолет- них детей, нуждающихся в материальной помощи. (2) Порядок и способ выплаты алиментов на детей определяются соглашением между родителями или между родителями и их нетрудоспособным совершеннолетним ребенком. (3) Если такое соглашение отсутствует и родители не принимают участия в содержании детей, алименты взыскиваются в судебном порядке по требованию одного из родителей, опекуна ребенка или органа опеки и попечительства.
Глава 17 ВЫЯВЛЕНИЕ, УЧЕТ И ЗАЩИТА ДЕТЕЙ, ОСТАВШИХСЯ БЕЗ ПОПЕЧЕНИЯ РОДИТЕЛЕЙ Статья 112. Защита прав и законных интересов детей, оставшихся без попечения родителей (1) Защита прав и законных интересов детей в случаях смерти родителей, лишения отца и/или матери родительских прав, покидания родителями, признания родителей недееспособными, их болезни или дли- тельного отсутствия, уклонения родителей от воспитания, от защиты прав и законных интересов детей, в
* Мониторул Офичиал ал Р.Молдова N 47-48/210 от 26.04.2001
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том числе в случаях отказа родителей взять своих детей из воспитательного, лечебного или другого учреж- дения, а также в иных случаях отсутствия родительского попечения возлагается на органы опеки и попе- чительства. (2) Органы опеки и попечительства выявляют детей, оставшихся без попечения родителей, берут их на учет и в каждом отдельном случае в зависимости от конкретных обстоятельств, вследствие которых дети остались без попечения родителей, избирают адекватную форму защиты детей, обеспечивая систематиче- ский контроль за условиями их содержания, воспитания и образования. (3) Деятельность других органов, кроме органов опеки и попечительства, а также физических и юриди- ческих лиц по избранию форм защиты детей запрещается.
Статья 1121. Предупреждение разлучения детей с родителями (1) Орган опеки и попечительства предпринимает все необходимые меры для своевременного выявле- ния ситуаций риска, способных привести к разлучению детей с родителями. (2) Орган опеки и попечительства организует работу служб, необходимых для поддержания, восста- новления и развития способности ребенка и родителей преодолевать ситуации, которые могут привести к разлучению детей с родителями. (3) Орган опеки и попечительства ведет учет детей и семей, находящихся в ситуации риска, осущест- вляет по мере необходимости, но не реже одного раза в шесть месяцев мониторинг и оценку их положения.
Статья 113. Органы опеки и попечительства (1) Органами опеки и попечительства являются: а) центральный орган по защите ребенка; b) исполнительные органы местного публичного управления административно-территориальных еди- ниц второго уровня; с) выборные коллегиальные органы административно-территориальных единиц первого уровня. (2) Выполнение функций органа опеки и попечительства возлагается: а) в административно-территориальных единицах второго уровня – на районные отделы социального обеспечения и защиты семьи, Управление по защите прав ребенка муниципия Кишинэу; b) в административно-территориальных единицах первого уровня – на примаров сел (коммун), городов (муниципиев), отдел социального обеспечения и защиты семьи муниципия Бэлць.
Статья 114. Выявление и учет детей, оставшихся без попечения родителей (1) Должностные лица образовательных, лечебных учреждений, учреждений социальной защиты, дру- гих подобных учреждений, а также иные лица, располагающие сведениями о детях, указанных в части (1) статьи 112, обязаны в трехдневный срок сообщать о них в органы опеки и попечительства по месту нахож- дения детей. (2) Получив информацию о ребенке, оставшемся без попечения родителей, орган опеки и попечитель- ства обязан в трехдневный срок проверить условия жизни ребенка. При подтверждении поступивших све- дений указанный орган должен вынести решение о взятии ребенка на учет и обеспечить защиту его прав и законных интересов посредством временного устройства, разрешенного законом, до определения адекват- ной формы защиты ребенка в порядке, предусмотренном настоящим кодексом. (3) В десятидневный срок с момента взятия на учет ребенка, оставшегося без попечения родителей, ор- ган опеки и попечительства обязан представить соответствующие сведения в центральный орган по защите ребенка. (4) Деятельность органов опеки и попечительства и центрального органа по защите ребенка, связанная с выявлением, учетом и избранием формы защиты детей, оставшихся без попечения родителей, регулируется настоящим кодексом и иными нормативными актами.
Статья 115. Формы защиты детей, оставшихся без попечения родителей (1) Органы опеки и попечительства обеспечивают сохранение или возвращение ребенка, оставшегося без попечения родителей: a) в биологическую семью – семья, в которой он родился; b) в расширенную семью – его родственники до четвертой степени родства включительно (в случае не- возможности помещения в биологическую семью). (2) В случае невозможности применения мер, указанных в части (1), ребенок, оставшийся без попече- ния родителей, пользуется следующими формами защиты (с обеспечением приоритетности форм защиты семейного типа перед интернатными):
57 Торговля людьми и равенство полов в Молдове
a) усыновление; b) опека (попечительство); c) профессиональная родительская помощь; d) устройство в детские дома семейного типа; e) устройство в различного рода учреждения интернатного типа; f) другие формы защиты в рамках закона. (3) При выборе формы защиты учитываются прежде всего высшие интересы ребенка, а также в обяза- тельном порядке его этническое происхождение, принадлежность к определенной культуре, вероиспове- дание, язык, состояние здоровья и развитие в целях создания условий жизни, которые обеспечивали бы преемственность в воспитании ребенка. (4) Орган опеки и попечительства не реже одного раза в шесть месяцев осуществляет мониторинг и оценку положения ребенка, оставшегося без попечения родителей, в отношении которого применена одна из форм защиты, предусмотренных в частях (1) и (2). (5) До определения соответствующей формы защиты ребенка, оставшегося без попечения родителей, ответственность за него несет орган опеки и попечительства.
Глава 19 ОПЕКА И ПОПЕЧИТЕЛЬСТВО НАД ДЕТЬМИ Статья 142. Установление опеки и попечительства (1) Опека и попечительство устанавливаются над детьми, оставшимися без попечения родителей, чтобы эти дети получили воспитание и образование, а также для защиты их прав и законных интересов. (2) Опека устанавливается над детьми в возрасте до 14 лет. После достижения детьми указанного возраста опека переходит в попечительство без принятия органами опеки и попечительства дополнительного решения. (3) Попечительство устанавливается над детьми в возрасте от 14 до 18 лет. (4) Опека и попечительство устанавливаются органами местного публичного управления на основании письменного заключения органа опеки и попечительства не позднее месячного срока с момента принятия соответствующего заявления.
Статья 143. Лица, которые могут быть назначены опекунами (попечителями) (1) Опекуном (попечителем) могут быть назначены отдельное физическое лицо или супружеская пара, если они не находятся в одном из положений несовместимости, предусмотренных частью (4), и если они прямо выразили свое согласие. (2) При назначении опекуна (попечителя) учитываются его моральные и иные личные качества, возмож- ности и способности к выполнению обязанностей опекуна (попечителя), а также отношения его и членов его семьи с ребенком. (3) Опекун ребенка, достигшего возраста 10 лет, может быть назначен только с согласия ребенка. (4) Не может быть назначено опекуном (попечителем) лицо: а) являющееся несовершеннолетним; b) признанное недееспособным или ограниченно дееспособным; с) лишенное родительских прав; d) признанное неспособным быть опекуном (попечителем) по состоянию здоровья; е) усыновившее ранее ребенка, если усыновление было отменено по причине ненадлежащего исполне- ния обязанностей усыновителя; f) ограниченное в осуществлении своих политических или гражданских прав на основании закона или судебного решения, а также ведущее себя неподобающим образом; g) интересы которого находятся в противоречии с интересами лица, находящегося под опекой (попечи- тельством); h) отстраненное нотариально удостоверенным актом или завещанием, составленным родителем, кото- рый до момента своей смерти самостоятельно осуществлял родительское попечение; i) отстраненное ранее от выполнения обязанностей опекуна (попечителя); j) страдающее хроническим алкоголизмом или наркоманией; k) состоящее в трудовых отношениях с учреждением, в котором находится ребенок, нуждающийся в опеке (попечительстве);
58 дополнительные нормативные акты
l) не имеющее места жительства на территории Республики Молдова.
Статья 144. Опека (попечительство) над детьми, находящимися на содержании и воспитании в государственных учреждениях (1) Если над детьми, находящимися на содержании и воспитании в государственных учреждениях, не установлена опека (попечительство), выполнение обязанностей опекунов (попечителей) возлагается на ад- министрацию этих учреждений. (2) Временное помещение ребенка, находящегося под опекой (попечительством), в государственное учреждение не лишает опекуна (попечителя) его прав и не освобождает от обязанностей по отношению к этому ребенку. (3) Защита прав детей, выписанных или переведенных из государственных учреждений, возлагается на органы опеки и попечительства.
Статья 145. Права детей, находящихся под опекой (попечительством) Дети, находящиеся под опекой (попечительством), имеют право на: а) проживание вместе со своим опекуном (попечителем); b) нормальные условия содержания, воспитания и образования; с) всестороннее развитие и уважение человеческого достоинства; d) получение алиментов и других социальных выплат; е) жилое помещение, которое прежде занимали их родители, или получение жилого помещения в уста- новленном порядке; f) защиту своих прав в установленном порядке; g) общение с родителями и родственниками; h) выражение личного мнения при решении проблем, затрагивающих их права и законные интересы.
Статья 146. Права и обязанности опекунов (попечителей) (1) Опекуны (попечители) имеют право и обязаны воспитывать детей, находящихся под их опекой (по- печительством), всемерно заботиться об их здоровье, физическом, психическом, духовном и нравственном развитии. (2) Методы и средства воспитания детей, находящихся под опекой (попечительством), их опекуны (по- печители) определяют самостоятельно, принимая во внимание рекомендации органов опеки и попечитель- ства и соблюдая требования статьи 62. (3) Опекун (попечитель) вправе выбрать учебное заведение и форму обучения для ребенка с учетом его мнения и обязан обеспечить посещение ребенком школы до окончания учебного года, в котором он достиг- нет возраста 16 лет. (4) У опекуна (попечителя) есть право потребовать от любых лиц, в том числе от близких родственников ребенка, его возвращения, если они удерживают ребенка, не имея на то законных оснований или без соот- ветствующего разрешения судебной инстанции. (5) Опекуны (попечители) не вправе препятствовать общению детей с их родственниками, за исключе- нием случаев, когда такое общение наносит ущерб интересам детей. (6) Права и обязанности опекунов (попечителей) в представительстве интересов детей, находящихся под их опекой (попечительством), определяются гражданским законодательством. (7) Проживать опекун (попечитель) обязан вместе с ребенком, находящимся под его опекой (попечи- тельством). Отдельное проживание попечителя и находящегося под его попечительством ребенка, достиг- шего возраста 14 лет, может быть разрешено только органом опеки и попечительства. (8) В обязанности опекуна (попечителя) входит сообщать органу опеки и попечительства о состоянии здоровья ребенка, представлять другие сведения, связанные с воспитанием и уходом за ребенком. В случае перемены места жительства опекун (попечитель) должен известить об этом орган опеки и попечительства.
Статья 147. Осуществление прав и исполнение обязанностей опекунами (попечителями) (1) Права и обязанности опекунов (попечителей) соответственно осуществляются и исполняются ис- ключительно в интересах несовершеннолетних детей, находящихся под их опекой (попечительством). (2) Обязанности по опеке (попечительству) исполняются безвозмездно, за исключением случаев, пред- усмотренных законом.
59 Торговля людьми и равенство полов в Молдове
8. ЗАКОН о правах ребенка N 338-XIII от 15.12.94 Мониторул Офичиал ал Р.Молдова N 13/127 от 02.03.1995 ***
СОДЕРЖАНИЕ
Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Правовая основа Статья 2. Органы охраны прав и интересов ребенка Статья 3. Равноправие детей
Глава II ОСНОВНЫЕ ПРАВА РЕБЕНКА Статья 4. Право на жизнь Статья 5. Право на имя и гражданство Статья 6. Право на неприкосновенность личности, защиту против физического и психического насилия Статья 7. Право на защиту чести и достоинства Статья 8. Право на свободу мысли и совести Статья 9. Право на развитие умственных способностей Статья 10. Право на образование Статья 11. Право на труд Статья 12. Право на отдых Статья 13. Право на объединение в общественные организации Статья 14. Обязанности ребенка
Глава III СЕМЬЯ И РЕБЕНОК Статья 15. Обязанность родителей родить здорового ребенка Статья 16. Право на жизнь в семье Статья 17. Права ребенка, проживающего отдельно от родителей Статья 18. Ответственность семьи за ребенка Статья 19. Право на жилую площадь Статья 20. Право на собственность Статья 21. Защита семьи государством
Глава IV РЕБЕНОК В НЕБЛАГОПРИЯТНЫХ И ЧРЕЗВЫЧАЙНЫХ УСЛОВИЯХ Статья 22. Защита детей-сирот и детей, оставшихся без попечения родителей Статья 23. Содержание детей в государственных детских учреждениях Статья 24. Права детей-инвалидов и детей с физическими, умственными и психическими отклонениями Статья 25. Права детей, оказавшихся в чрезвычайных ситуациях Статья 26. Запрещение привлечения детей к участию в военных действиях Статья 27. Право ребенка на статус беженца Статья 28. Защита прав ребенка в случае привлечения его к ответственности Статья 29. Защита прав ребенка в специальных воспитательных учреждениях Статья 30. Защита ребенка от похищения, торговли и контрабанды
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Глава V МЕЖДУНАРОДНОЕ СОТРУДНИЧЕСТВО Статья 31. Международное сотрудничество
Глава VI ОТВЕТСТВЕННОСТЬ ЗА НАРУШЕНИЕ ЗАКОНА И КОНТРОЛЬ ЗА ЕГО ПРИМЕНЕНИЕМ Статья 32. Ответственность за нарушение закона Статья 33. Контроль за применением закона
Примечание: Смотрите Пост. Парл. N 339-XIII от 15.12.94 "О введении в действие Закона о правах ребенка"
Парламент принимает настоящий закон.
Защита государством и обществом детей, семьи и материнства является в Республике Молдова полити- ческой, социальной и экономической заботой первостепенной важности. Настоящий закон определяет правовой статус ребенка как самостоятельного субъекта и предусматрива- ет обеспечение его физического и духовного здоровья, формирование его гражданского сознания на основе национальных и общечеловеческих ценностей, особую заботу и социальную защиту детей, временно или постоянно лишенных семейного окружения либо находящихся в других неблагоприятных или чрезвычай- ных условиях.
Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Правовая основа (1) Права и обязанности ребенка регламентируются настоящим законом и другими законодательными актами. (2) В соответствии с настоящим законом ребенком признается лицо с момента рождения и до 18-летнего возраста.
Статья 2. Органы охраны прав и интересов ребенка (1) Государство гарантирует право каждого ребенка на уровень жизни, необходимый для его физиче- ского, умственного, духовного и социального развития. Государство принимает меры по оказанию помощи родителям, а также другим лицам, ответственным за воспитание и развитие детей. (2) Защита прав ребенка обеспечивается соответствующими компетентными органами и правоохрани- тельными органами. [Ст.2 изменена Законом N 1001-XV от 19.04.2002]
Статья 3. Равноправие детей Все дети имеют равные права независимо от расы, национальности, этнического происхождения, пола, языка, религии, убеждений, имущественного положения или социального происхождения.
Глава II ОСНОВНЫЕ ПРАВА РЕБЕНКА Статья 4. Право на жизнь (1) Право ребенка на жизнь и на физическую и психическую неприкосновенность гарантируется. (2) Ни один ребенок не может быть подвергнут пыткам, жестокому, бесчеловечному или унижающему достоинство обращению или наказанию. (3) Государство признает право ребенка на пользование наиболее совершенными технологиями лече- ния, восстановления здоровья, профилактики заболеваний. (4) В случае, если родители отказываются от медицинской помощи больному ребенку, она предоставля- ется вопреки их желанию по решению консилиума врачей, принятому в присутствии представителя власти.
61 Торговля людьми и равенство полов в Молдове
(5) Государство в соответствии с законодательством обеспечивает матери в дородовой и послеродовой период необходимые условия для здорового развития ребенка, его рационального и безопасного питания, оказание квалифицированной бесплатной медицинской помощи, организацию мероприятий по профилак- тике заболеваний, пропаганде здорового образа жизни.
Статья 5. Право на имя и гражданство (1) Ребенок с момента рождения имеет право на имя и регистрируется согласно положениям Кодекса о браке и семье. (2) Каждый ребенок имеет право на гражданство. Основания и условия приобретения и изменения гражданства ребенка определяются законодательством.
Статья 6. Право на неприкосновенность личности, защиту против физического и психического насилия Государство охраняет неприкосновенность личности ребенка, защищая его от любого вида эксплуа- тации, дискриминации, физического и психического насилия, не допуская жестокого, грубого, пренебре- жительного отношения, оскорблений и избиения, вовлечения в преступную деятельность, приобщения к потреблению алкогольных напитков, незаконному употреблению наркотических и психотропных средств, занятию азартными играми, попрошайничеству, склонения или принуждения к любой незаконной сек- суальной деятельности, использования в проституции или в другой незаконной сексуальной практике, в порнографии и порнографических материалах, в том числе со стороны родителей или лиц, законно их за- меняющих, родственников.
Статья 7. Право на защиту чести и достоинства Каждый ребенок имеет право на защиту чести и достоинства. Посягательство на честь и достоинство ребенка наказывается в соответствии с законодательством.
Статья 8. Право на свободу мысли и совести (1) Право ребенка на свободу мысли, на собственное мнение, а также право на вероисповедание не могут быть нарушены ни в какой форме. (2) Государство гарантирует ребенку, способному сформулировать свои собственные взгляды, право свободно выражать эти взгляды по всем затрагивающим его вопросам. Учет мнения ребенка, достигшего десятилетнего возраста, обязателен, если это не противоречит его интересам. (3) С этой целью ребенку предоставляется возможность быть заслушанным в ходе любого судебного или административного разбирательства, затрагивающего ребенка, либо непосредственно, либо через предста- вителя или соответствующий орган согласно законодательству. (4) Ни один ребенок не может быть принужден разделить то или иное мнение, примкнуть к той или иной религии вопреки собственным убеждениям. Свобода совести ребенка гарантируется государством, она должна проявляться в духе веротерпимости и взаимного уважения. (5) Родители или лица, законно их заменяющие, имеют право воспитывать детей в соответствии со свои- ми убеждениями. [Ст.8 изменена Законом N 1001-XV от 19.04.2002]
Статья 9. Право на развитие умственных способностей Государство обеспечивает всем детям равные возможности и условия для усвоения культурных ценно- стей, поддерживает создание различных государственных и общественных учреждений, способствующих развитию творческих способностей детей, обеспечивает их доступность, содействует в соответствии с за- конодательством изданию детских газет, журналов и книг, выпуску фильмов, выходу радио- и телепередач для детей.
Статья 10. Право на образование (1) Каждый ребенок имеет право на получение бесплатного образования на государственном или на другом языке в общеобразовательных школах, на продолжение учебы в профессионально-технических учи- лищах, лицеях, колледжах, высших учебных заведениях в соответствии с законодательством. (2) Дети с физическими, умственными и психическими отклонениями имеют право учиться в специаль- ных школах, действующих на основе соответствующих положений. (3) Дети-сироты и дети, оставшиеся без попечения родителей, имеют право на бесплатное обучение и содержание во всех учебных заведениях.
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Статья 11. Право на труд (1) Ребенок имеет право на самостоятельную трудовую деятельность в соответствии со своими возраст- ными возможностями, состоянием здоровья и профессиональной подготовкой с оплатой согласно трудо- вому законодательству. (2) С согласия родителей или лиц, законно их заменяющих, дети допускаются к посильной трудовой дея- тельности, совмещаемой с учебой, начиная с 14-летнего возраста. Государственные органы создают резерв рабочих мест для детей, специальные службы по их трудоустройству. (3) Государство защищает ребенка от экономической эксплуатации и от выполнения любой работы, представляющей опасность для его здоровья или служащей препятствием в получении им образования либо наносящей ущерб его физическому, умственному, духовному и социальному развитию. (4) Участие в труде детей-инвалидов и детей с физическими, умственными и психическими отклонения- ми осуществляется путем создания государством соответствующей сети предприятий и служб. (5) Принудительное привлечение ребенка к труду в любой форме влечет за собой юридическую ответ- ственность.
Статья 12. Право на отдых (1) Каждый ребенок имеет право на отдых и досуг, право участвовать в играх и развлекательных меро- приятиях, соответствующих его возрасту, а также участвовать в культурной жизни и заниматься искусством. (2) Государство поощряет и материально поддерживает создание широкой сети внешкольных учреж- дений, спортивных сооружений, стадионов, клубов, лагерей отдыха и других объектов, способствующих укреплению здоровья детей, устанавливает льготы на посещение культурно-просветительных и спортивно- оздоровительных учреждений, баз отдыха во время каникул.
Статья 13. Право на объединение в общественные организации (1) Дети имеют право объединяться в общественные организации в соответствии с законодательством. (2) Государство оказывает материальную помощь детским общественным организациям, предоставляет в их распоряжение помещения, обеспечивает им налоговые льготы. (3) Запрещается вовлечение детей в политическую деятельность и объединение их в политические партии.
Статья 14. Обязанности ребенка Ребенок обязан уяснить и соблюдать общественный порядок и правила общежития, уважать как националь- ные, так и общечеловеческие традиции и культурные ценности, овладевать знаниями и готовиться к полезной деятельности, заботливо относиться к родителям, окружающей среде, публичной и частной собственности.
Глава III СЕМЬЯ И РЕБЕНОК Статья 15. Обязанность родителей родить здорового ребенка (1) Лица, подающие заявление о вступлении в брак, обязаны пройти медицинское обследование в целях выявления у них заболеваний или возбудителей болезней, которые могут передаваться детям. Результаты об- следования доводятся до сведения намеревающихся вступить в брак. Выявление заболевания или возбудите- ля болезни не может служить препятствием для заключения брака. При выявлении генетических нарушений, которые могут привести к тяжелым наследственным заболеваниям, рождение детей не рекомендуется. (2) Беременная женщина должна безоговорочно выполнять предписания врачей, направленные на обе- спечение нормального развития ребенка. Рекомендуется воздержание от употребления алкоголя, никотина и наркотиков в период беременности. (3) Родители обязаны соблюдать предписания врачей, направленные на обеспечение нормального до- родового и послеродового развития ребенка. Выполнение в полном объеме требований врачей поощряется государством. (4) Государство обеспечивает лицам, вступающим в брак, а также молодым семьям условия, необходи- мые для прохождения медицинского обследования. [Ст.15 изменена Законом N 143-XVI от 02.06.06, в силу 30.06.06]
Статья 16. Право на жизнь в семье Каждый ребенок имеет право жить в семье, знать своих родителей, пользоваться их заботой, проживать совместно с ними, за исключением случаев, когда разлучение с одним или обоими родителями необходимо в его интересах.
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Статья 17. Права ребенка, проживающего отдельно от родителей Ребенок, разлученный с одним или обоими родителями, проживающий в Республике Молдова или в лю- бой другой стране, имеет право поддерживать на регулярной основе личные отношения и прямые контакты с обоими родителями, если это не противоречит его интересам.
Статья 18. Ответственность семьи за ребенка (1) Оба родителя в равной мере или лица, законно их заменяющие, несут основную ответственность за физическое, умственное, духовное и социальное развитие ребенка, учитывая в первую очередь его интересы. (2) Родители или лица, законно их заменяющие, несут юридическую ответственность за отсутствие по- стоянного присмотра за детьми младенческого и дошкольного возраста. (3) Если оба родителя или один из них, равно как и лица, законно их заменяющие, не выполняют своих обязанностей перед ребенком или злоупотребляют родительскими правами, ребенок имеет право обращаться в органы опеки и попечительства, а также в правоохранительные органы за защитой своих прав и интересов. (4) В случае, если ребенок содержится в государственном детском учреждении по причине отказа от него или в связи с заболеванием, наступившим вследствие несоблюдения предписаний врачей, оба родите- ля компенсируют расходы на его содержание в соответствии с законодательством.
Статья 19. Право на жилую площадь (1) Дети - члены семьи квартиросъемщика имеют равные с другими членами семьи права на пользование жилой площадью, а дети - члены семьи владельца квартиры (дома) - на пользование ею и ее наследование. (2) Органы местного публичного управления обеспечивают содержание и ремонт квартир (домов) детей-сирот и детей, оставшихся без попечения родителей, до достижения ими совершеннолетия. (3) Детям, возвратившимся из государственного детского учреждения, от родственников, лиц, законно заменяющих родителей, предоставляется жилая площадь вне очереди, если невозможно вселение их в ранее занимаемое жилое помещение.
Статья 20. Право на собственность Каждый ребенок имеет право на собственность. Право ребенка на собственность гарантировано. Ребенок пользуется правом на собственность в пределах и в порядке, установленных законодательством.
Статья 21. Защита семьи государством (1) Семья и дети пользуются защитой и особой помощью в осуществлении своих прав. (2) Государство оказывает семье помощь в содержании и воспитании детей, гарантирует выплату де- нежных пособий по случаю рождения ребенка, других пособий и компенсаций, предусмотренных законо- дательством.
Глава IV РЕБЕНОК В НЕБЛАГОПРИЯТНЫХ И ЧРЕЗВЫЧАЙНЫХ УСЛОВИЯХ Статья 22. Защита детей-сирот и детей, оставшихся без попечения родителей (1) Ребенок, который временно или постоянно лишен своего семейного окружения или который в его собственных интересах не может оставаться в таком окружении, пользуется защитой и особой помощью государства в соответствии с законодательством. (2) Дети-сироты и дети, оставшиеся без попечения родителей, усыновляются, определяются в другие семьи или в государственные детские учреждения. (3) Усыновление иностранными гражданами производится в соответствии с законодательством, если не может быть найдено подходящего варианта решения в Республике Молдова. При выборе варианта решения учитывается необходимость преемственности в воспитании ребенка, его этническое происхождение, рели- гиозная и культурная принадлежность, родной язык и желание ребенка.
Статья 23. Содержание детей в государственных детских учреждениях (1) При невозможности определения оставшегося без семьи ребенка в другую семью он определяется в детский дом или в другое аналогичное учреждение на полное государственное обеспечение. Определение осуществляется в соответствии с законодательством. (2) Детям, определенным в государственные детские учреждения, создаются все условия для физиче- ского, умственного и духовного развития, сохранения родного языка, культуры, национальных традиций и обычаев с одновременным привитием им навыков самостоятельной жизни.
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Статья 24. Права детей-инвалидов и детей с физическими, умственными и психическими отклонениями (1) Государство гарантирует детям-инвалидам и детям с физическими, умственными и психическими отклонениями бесплатное медицинское обеспечение, специальную психологическую помощь, получение общего и профессионального образования, трудоустройство по способностям, социальную реабилитацию с тем, чтобы они могли вести достойную жизнь в условиях, облегчающих их активное участие в жизни общества. (2) Государство обеспечивает детей-инвалидов пенсиями по инвалидности.
Статья 25. Права детей, оказавшихся в чрезвычайных ситуациях (1) Детям, оказавшимся в чрезвычайных ситуациях (аварии, стихийные бедствия, эпидемии, войны и др.), государство оказывает срочную и безвозмездную помощь, предпринимает неотложные меры по их эвакуации из опасной зоны и воссоединению с семьей. (2) В случае потери родителей ребенок пользуется социальной защитой государства, а также привиле- гиями, предусмотренными законодательством.
Статья 26. Запрещение привлечения детей к участию в военных действиях Запрещается привлечение детей к участию в военных действиях, а также пропаганда войны и насилия среди детей.
Статья 27. Право ребенка на статус беженца (1) Государство принимает необходимые меры с тем, чтобы обеспечить ребенку, желающему получить статус беженца или считающемуся беженцем в соответствии с нормами и процедурами международного или внутреннего права, как сопровождаемому, так и не сопровождаемому родителями или любым другим лицом, надлежащую защиту и гуманитарную помощь. (2) Государство оказывает в случае необходимости содействие организациям, в функции которых вхо- дит защита этой категории детей.
Статья 28. Защита прав ребенка в случае привлечения его к ответственности (1) Государство охраняет право ребенка на личную свободу. (2) Задержание или арест ребенка применяется лишь в качестве крайней меры и только в случаях, пред- усмотренных законодательством. О задержании или аресте ребенка немедленно извещаются родители или лица, законно их заменяющие. (3) Задержанные или арестованные дети содержатся отдельно от взрослых и от осужденных детей. (4) Ни смертная казнь, ни пожизненное тюремное заключение не назначаются за преступления, совер- шенные лицами моложе 18 лет. (5) В судебном разбирательстве, в котором фигурирует ребенок, обязательно участие защитника и педа- гога. При рассмотрении судебной инстанцией спора, связанного с воспитанием ребенка, обязательно уча- стие органа опеки и попечительства. [Ст.28 изменена Законом N 1001-XV от 19.04.2002]
Статья 29. Защита прав ребенка в специальных воспитательных учреждениях (1) Направление ребенка в специальное воспитательное учреждение производится только в соответ- ствии с решением суда по представлению соответствующего компетентного органа при органе местного публичного управления. (2) Ребенок, находящийся в специальном воспитательном учреждении, имеет право на гуманное обра- щение, охрану здоровья, получение общего или профессионального образования, свидания с родителями, родственниками и другими заинтересованными лицами, на отпуск, переписку. (3) Обязательным условием содержания детей в специальных воспитательных учреждениях является их перевоспитание с целью возвращения к нормальному образу жизни.
Статья 30. Защита ребенка от похищения, торговли и контрабанды Государство принимает все необходимые меры для предотвращения похищения детей, торговли детьми или их контрабанды в любых целях и в любой форме.
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Глава V МЕЖДУНАРОДНОЕ СОТРУДНИЧЕСТВО
Статья 31. Международное сотрудничество (1) Государство обеспечивает осуществление международного сотрудничества в области защиты прав ребенка через государственные и негосударственные структуры. (2) Если международным соглашением Республики Молдова установлены иные нормы, чем те, которые содержатся в настоящем законе, применяются нормы международного соглашения.
Глава VI ОТВЕТСТВЕННОСТЬ ЗА НАРУШЕНИЕ ЗАКОНА И КОНТРОЛЬ ЗА ЕГО ПРИМЕНЕНИЕМ
Статья 32. Ответственность за нарушение закона Физические и юридические лица, виновные в нарушении настоящего закона, привлекаются к ответ- ственности, предусмотренной законодательством.
Статья 33. Контроль за применением закона Контроль за применением настоящего закона осуществляется государственными органами, уполномо- ченными на это законодательством.
ПРЕДСЕДАТЕЛЬ ПАРЛАМЕНТА Петру ЛУЧИНСКИ г.Кишинэу, 15 декабря 1994 г. N 338-XIII. __________ Legile Republicii Moldova 338/15.12.94 Lege privind drepturile copilului //Monitorul Oficial 13/127, 02.03.1995
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9. ЗАКОН о предупреждении и пресечении насилия в семье N 45-XVI от 01.03.2007 Мониторул Офичиал N 55-56/178 от 18.03.2008
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СОДЕРЖАНИЕ Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Цель закона Статья 2. Основные понятия Статья 3. Субъекты насилия в семье Статья 4. Законодательная база Статья 5. Основные принципы предупреждения и пресечения насилия в семье Статья 6. Сфера действия закона
Глава II ОРГАНЫ И УЧРЕЖДЕНИЯ, НАДЕЛЕННЫЕ ФУНКЦИЯМИ ПРЕДУПРЕЖДЕНИЯ И ПРЕСЕЧЕНИЯ НАСИЛИЯ В СЕМЬЕ Статья 7. Органы и учреждения, наделенные функциями предупреждения и пресечения насилия в семье Статья 8. Полномочия центральных и местных органов публичного управления Статья 9. Полномочия Департамента пенитенциарных учреждений Статья 10. Полномочия центров/служб реабилитации жертв и агрессоров
Глава III МЕХАНИЗМ РАЗРЕШЕНИЯ АКТОВ НАСИЛИЯ В СЕМЬЕ Статья 11. Право на защиту жертвы Статья 12. Лица, которые вправе подать заявление о совершении акта насилия в семье Статья 13. Подача заявления Статья 14. Порядок рассмотрения заявления Статья 15. Меры защиты Статья 16. Финансирование Статья 17. Санкции
Глава IV ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ Статья 18. Вступление в силу. Обязанности Правительства Примечание: По всему тексту закона слова "Министерство социальной защиты, семьи и ребенка" и "Министерство просвещения и молодежи" заменить соответственно словами "Министерство труда, социальной защиты и семьи" и "Министерство просвещения", а слова "Министерство местного публичного управления," исключить согласно Закону N 109 от 04.06.2010, в силу 30.07.2010
Предупреждение и пресечение насилия в семье являются частью национальной политики защиты и под- держки семьи и составляют важнейшую задачу общественного здоровья. В целях укрепления, защиты и поддержки семьи, обеспечения соблюдения основных принципов законодательства о семье, а также обе- спечения равных возможностей для женщин и мужчин по реализации права каждого человека на жизнь без насилия Парламент принимает настоящий органический закон.
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Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Цель закона Настоящий закон устанавливает организационно-правовые основы деятельности по предупреждению и пресечению насилия в семье, определяет органы и учреждения, наделенные функциями предупреждения и пресечения насилия в семье, механизм заявления и разрешения случаев насилия.
Статья 2. Основные понятия В настоящем законе используются следующие понятия: насилие в семье – любое не связанное с самозащитой или защитой других лиц намеренное физическое или словесное действие или бездействие в форме физического, сексуального, психологического, духовно- го или экономического воздействия либо нанесения материального или морального ущерба, допущенное одним членом семьи по отношению к другим членам семьи, в том числе детям, а также против общей или личной собственности; физическое насилие – намеренное нанесение телесных повреждений или причинение вреда здоровью по- средством ударов, пинков, толчков, таскания за волосы, уколов, порезов, ожогов, удушения, укусов в любой форме и любой силы, отравления любыми способами, другие действия аналогичного характера; сексуальное насилие – любое насилие сексуального характера или противоправное сексуальное поведе- ние в семье или в других межличностных отношениях, такое как супружеское изнасилование, запрет ис- пользования методов контрацепции, сексуальное домогательство; любое нежелаемое и навязываемое сек- суальное поведение; принуждение к занятию проституцией; любое противоправное сексуальное поведение по отношению к несовершеннолетнему члену семьи, выражающееся в частности в поглаживаниях, поцелу- ях, придании ребенку определенных поз и в прочих нежелаемых прикосновениях сексуальной направлен- ности; другие действия аналогичного характера; психологическое насилие – навязывание воли или личного контроля, провоцирование состояния напря- женности и психического страдания посредством оскорбления, насмешки, поношения, обиды, обзывания, шантажа, демонстративной порчи предметов, словесных угроз, запугивания оружием или истязания до- машних животных; пренебрежение; вмешательство в личную жизнь; проявление ревности; изоляция по- средством заточения, в том числе в семейном жилище; изоляция от семьи, общества, друзей; запрет про- фессиональной реализации, запрет посещения учебного заведения; изъятие документов, удостоверяющих личность; умышленное лишение доступа к информации; другие действия аналогичного характера; духовное насилие – подрыв или умаление значимости удовлетворения духовно-нравственных потреб- ностей путем запрета, ограничения, высмеивания устремлений члена семьи и наказания за них, запрета, ограничения, высмеивания доступа к культурным, этническим, языковым или религиозным ценностям и наказания за приобщение к ним; навязывание индивидуально неприемлемой системы ценностей; другие действия аналогичного характера или с аналогичными последствиями; экономическое насилие – лишение экономических средств, в том числе средств к существованию, таких как еда, лекарства, предметы первой необходимости; злоупотребление преимущественным положением для присвоения вещей лица; запрет на право владения, пользования и распоряжения общим имуществом; несправедливый контроль за общими имуществом и ресурсами; отказ содержать семью; принуждение к тяжелому и вредному для здоровья труду, в том числе несовершеннолетнего члена семьи; другие действия аналогичного характера; моральный ущерб – причинение страданий члену семьи, в том числе ребенку, в рамках внутрисемейных или других межличностных отношений, ведущее к покорности, страху, унижению, неспособности противо- стоять физическому насилию, к чувству обделенности; материальный ущерб – материальный вред, который может быть оценен или исчислен в финансовом/ денежном выражении, причиненный любым актом насилия в семье, брачном сожительстве, а также затраты по рассмотрению случаев насилия в семье; агрессор – лицо, совершающее акты насилия в семье, брачном сожительстве; жертва – лицо (взрослый или ребенок), подвергающееся акту насилия в семье, брачном сожительстве; защитное предписание – законный акт, которым судебная инстанция применяет меры защиты жертвы.
Статья 3. Субъекты насилия в семье (1) Субъектами насилия в семье являются агрессор и жертва – граждане Республики Молдова, иностран- ные граждане и лица без гражданства, проживающие на территории Республики Молдова. (2) Субъектами насилия в семье могут быть:
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a) при совместном проживании – лица, состоящие в браке, находящиеся в разводе, состоящие в брачном сожительстве, связанные отношениями опекунства и попечительства, их родственники по прямой или бо- ковой линии, супруги родственников, другие лица, находящиеся на их содержании; b) при раздельном проживании – лица, состоящие в браке, их дети, в том числе приемные, внебрачные, находящиеся под опекой или попечительством, другие лица, находящиеся на их содержании.
Статья 4. Законодательная база (1) Законодательство о предупреждении и пресечении насилия в семье состоит из Конституции Респу- блики Молдова, настоящего закона и других нормативных актов, а также международных договоров, одной из сторон которых является Республика Молдова. (2) Если международным договором, одной из сторон которого является Республика Молдова, установлены иные нормы, чем предусмотренные настоящим законом, то применяются положения международного договора.
Статья 5. Основные принципы предупреждения и пресечения насилия в семье Предупреждение и пресечение насилия в семье осуществляются на основе следующих принципов: a) законности; b) равенства; c) конфиденциальности; d) доступа к правосудию; e) защиты и безопасности жертвы; f) сотрудничества органов публичного управления с гражданским обществом и международными орга- низациями.
Статья 6. Сфера действия закона Положения настоящего закона применяются в равной степени к гражданам Республики Молдова, ино- странным гражданам и лицам без гражданства, проживающим на территории Республики Молдова.
Глава II ОРГАНЫ И УЧРЕЖДЕНИЯ, НАДЕЛЕННЫЕ ФУНКЦИЯМИ ПРЕДУПРЕЖДЕНИЯ И ПРЕСЕЧЕНИЯ НАСИЛИЯ В СЕМЬЕ Статья 7. Органы и учреждения, наделенные функциями предупреждения и пресечения насилия в семье (1) Органами и учреждениями, наделенными функциями предупреждения и пресечения насилия в се- мье, являются: a) центральные отраслевые органы публичного управления (Министерство труда, социальной защиты и семьи, Министерство просвещения, Министерство здравоохранения, Министерство внутренних дел, Ми- нистерство юстиции); b) отраслевые органы местного публичного управления: – отделы/управления социальной помощи и защиты семьи; – главные управления образования, молодежи и спорта; – органы здравоохранения; – органы внутренних дел; c) комиссии по социальным вопросам при органах местного публичного управления; d) центры/службы реабилитации жертв и агрессоров; e) другие организации, осуществляющие деятельность в данной области. (2) Центральным органом публичной власти, наделенным функциями разработки и проведения полити- ки в области предупреждения и пресечения насилия в семье и социальной помощи жертвам и агрессорам, является Министерство труда, социальной защиты и семьи. (3) При Министерстве труда, социальной защиты и семьи создается Межминистерский координаци- онный совет в области предупреждения и пресечения насилия в семье, в состав которого входят по одно- му представителю центральных органов власти согласно части (1), представители гражданского общества и другие заинтересованные стороны. Межминистерский координационный совет отвечает за обеспечение координации и сотрудничества между министерствами и другими центральными административными ор- ганами, наделенными функциями предупреждения и пресечения насилия в семье. Положение о Межмини- стерском координационном совете утверждается постановлением Правительства.
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(4) Местным органом публичной власти, наделенным функцией реализации политик предупреждения насилия в семье и оказания социальной помощи жертвам и агрессорам, является районный отдел/управле- ние социальной помощи и защиты семьи, в рамках которого назначается ответственный за область преду- преждения и пресечения насилия в семье специалист. (5) Другие публичные службы местного уровня назначают лиц, наделенных функциями предупрежде- ния и пресечения насилия в семье, отвечающих за координацию специфических действий в рамках свое- го учреждения и за сотрудничество в проведении совместных мероприятий на уровне административной территории на основе установленных процедур взаимодействия в предупреждении и пресечении случаев насилия в семье. [Ст.7 дополнена Законом N 167 от 09.07.2010, в силу 03.09.2010]
Статья 8. Полномочия центральных и местных органов публичного управления (1) Центральные органы публичного управления (Министерство труда, социальной защиты и семьи, Министерство просвещения, Министерство здравоохранения, Министерство внутренних дел, Министер- ство юстиции) в пределах своей компетенции: a) обеспечивают разработку и проведение политики укрепления семьи, предупреждения насилия в се- мье, предоставления защиты и помощи жертвам и агрессорам; b) координируют деятельность в данной области децентрализованных и деконцентрированных структур; c) осуществляют координацию, оценку и мониторинг деятельности центров/служб реабилитации жертв и агрессоров; d) определяют порядок выявления, регистрации и учета случаев насилия в семье на основе статистиче- ских принципов с разделением по полу; e) укрепляют кадровый потенциал в области предупреждения и пресечения насилия в семье; f) сотрудничают с неправительственными организациями, с физическими и юридическими лицами, во- влеченными в деятельность по предупреждению и пресечению насилия в семье. (2) Органы местного публичного управления: a) создают и организуют на местном уровне работу комиссий по социальным вопросам; b) формируют многодисциплинарные группы в данной области; c) организуют центры/службы реабилитации жертв и агрессоров в соответствии с международными стандартами; d) организуют информационные кампании, исследования и другие мероприятия по предупреждению насилия в семье; e) развивают социальное партнерство с неправительственными организациями, включая фонды, про- фсоюзы, патронаты, и с международными организациями с целью содействия предупреждению и пресече- нию насилия в семье; f) констатируют посредством решения комиссии по социальным вопросам существование или устране- ние угрозы для жизни и здоровья жертвы после применения мер защиты. (3) Отделы/управления социальной помощи и защиты семьи через ответственного за область предупре- ждения и пресечения насилия в семье специалиста: a) сотрудничают с органами внутренних дел в проведении мероприятий по выявлению лиц, предрас- положенных к совершению актов насилия в семье; b) обновляют на территориальном уровне базу данных, относящихся к феномену насилия в семье; c) при необходимости определяют жертву в центр реабилитации, оказывая ей соответствующую помощь; d) организуют психологическое и психосоциальное консультирование жертв с целью ликвидации последствий актов насилия в семье собственными силами или перенаправляя их к специалистам центров реабилитации; e) по ходатайству правоохранительных органов облегчают доступ агрессоров к реабилитационным программам; f) защищают права и законные интересы жертв, в том числе несовершеннолетних; g) совместно с другими уполномоченными органами и при содействии неправительственных организаций, действующих в данной области, реализуют информационные программы по предупреждению насилия в семье; h) определяют необходимость создания центров/служб реабилитации жертв и агрессоров, обеспечива- ют методическую и информационную поддержку таких центров/служб; i) осуществляют мониторинг и координацию профессиональной деятельности социальных работни- ков в составе примэрий, направленную на предупреждение насилия в семье, поддержку/консультирование жертв и ресоциализацию агрессоров; j) представляют Министерству труда, социальной защиты и семьи отчеты за полугодие о работе, про- водимой на местах отделом/управлением и социальными работниками в соответствии с установленными партнерскими соглашениями;
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k) осуществляют мониторинг жертв и оказывают им помощь после выхода их из центров реабилитации. (4) Главные управления образования, молодежи и спорта: a) обеспечивают информирование и подготовку педагогических кадров по квалификации актов насилия в семье, применению методов и средств предупреждения актов насилия в семье и доведения их до сведения соответствующих органов; b) совместно с другими уполномоченными органами и при содействии неправительственных органи- заций, действующих в данной области, реализуют воспитательные программы для родителей и детей по предупреждению и пресечению насилия в семье; c) обеспечивают организацию консультирования, направленного на психологическую и психосоциаль- ную реабилитацию детей – жертв насилия в семье; d) сообщают через педагогов уполномоченным органам, с обязательным немедленным уведомлением орга- нов опеки и попечительства и полиции, о случаях насилия в семье, в том числе в отношении детей. (5) Органы здравоохранения всех видов и уровней: a) организуют информационные кампании; b) сообщают через медицинских работников полиции и органам опеки и попечительства о случаях на- силия в семье; c) обеспечивают консультирование и медицинскую помощь жертвам; d) инициируют и организуют программы и услуги для агрессоров; обеспечивают при необходимости ре- ализацию программ дезалкоголизации, дезинтоксикации и психотерапевтического лечения за счет агрессо- ров или в зависимости от обстоятельств за счет средств фондов обязательного медицинского страхования; e) инициируют долгосрочное партнерство со всеми программами, касающимися здоровья матери и ребенка; f) заключают договоры о предоставлении медицинских услуг с центрами/службами реабилитации жертв и агрессоров. (6) Органы внутренних дел на уровне специализированных структур: a) выявляют, регистрируют и ведут учет случаев насилия в семье; b) обеспечивают персональный учет агрессоров; c) в случае детей – жертв насилия в семье доводят информацию до сведения органов опеки и попечительства; d) рассматривают заявления и обращения граждан, медицинских учреждений, судебно-медицинских центров и других учреждений относительно семейных конфликтов, актов насилия, угроз убийством или существования реальной опасности их исполнения; e) посещают семьи, члены которых состоят на учете, и организуют профилактическую работу по преду- преждению совершения повторных актов насилия в семье; f) в кризисных ситуациях с учетом серьезности положения осуществляют административное задержа- ние агрессора; g) в кризисных ситуациях на основании заявления жертвы или другого обращения ходатайствуют перед су- дебными инстанциями о вынесении защитного предписания; обеспечивают исполнение защитного предписания; h) в случае совершения акта насилия в семье разъясняют жертве ее права, а при необходимости по ее заявлению оказывают помощь в помещении ее в центр реабилитации; i) информируют жертв о их праве на бесплатную юридическую помощь; j) обеспечивают агрессорам, включая лиц, находящихся под административным арестом, доступ к реа- билитационным услугам; k) обеспечивают безопасность, охрану и общественный порядок в центрах реабилитации жертв; l) совместно с социальными работниками осуществляют мониторинг и рассмотрение случаев насилия в семье на подведомственной территории, пополняют базу данных соответствующей информацией; m) сотрудничают с уполномоченными в данной области органами и гражданским обществом с целью предупреждения и пресечения насилия в семье. [Ст.8 дополнена Законом N 167 от 09.07.2010, в силу 03.09.2010]
Статья 9. Полномочия Департамента пенитенциарных учреждений К компетенции Департамента пенитенциарных учреждений относится: a) организация в пенитенциарных учреждениях служб и программ реабилитации и ресоциализации агрессоров; b) сотрудничество с другими уполномоченными в данной области органами.
Статья 10. Полномочия центров/служб реабилитации жертв и агрессоров (1) Центр реабилитации жертв насилия в семье (далее – центр) является специализированным учрежде- нием, предоставляющим жертвам приют, еду, юридическую, социальную, психологическую и неотложную медицинскую помощь, охрану и защиту, а также помощь в налаживании контактов с родственниками.
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(2) Центры могут создаваться: a) Правительством по предложению Министерства труда, социальной защиты и семьи; b) органами местного публичного управления по предложению комиссии по социальным вопросам; c) международными и неправительственными организациями с уведомлением Министерства труда, со- циальной защиты и семьи; d) органами публичного управления и неправительственными или частными организациями на основе соглашения о сотрудничестве. (3) Центр: a) обеспечивает защиту и приют жертвам до разрешения семейной ситуации, но не более чем на три месяца; b) предоставляет психологическую, педагогическую, социальную и юридическую помощь, медицинское обслуживание членам семьи, которые стали или могут стать жертвами; c) в случаях, не терпящих отлагательства, когда изоляция жертвы от агрессора применяется в качестве меры защиты, осуществляет размещение жертвы по ее просьбе, а в случае ребенка – с согласия его законно- го представителя или органа опеки и попечительства; d) не допускает доступа агрессоров на территорию центра; e) уведомляет соответствующие органы о совершении актов насилия в семье; f) изучает и обобщает причины и условия совершения актов насилия в семье. (4) Положение об организации и функционировании центра, разработанное на основе типового поло- жения, утвержденного постановлением Правительства, утверждается его учредителями. (5) Расходы, связанные с деятельностью центра, производятся из общего бюджета его учредителей. (6) Материальная и финансовая помощь в организации и осуществлении деятельности центра может оказываться в соответствии с Законом о благотворительности и спонсорстве хозяйствующими субъектами и предпринимателями. (7) Безопасность помещений центра, в которых размещаются жертвы, обеспечивается на безвозмездной основе полицией. (8) Служба реабилитации агрессоров: a) предоставляет специализированные программы дезалкоголизации, дезинтоксикации, психотерапев- тического лечения; b) оказывает психологическую и социальную помощь агрессору, проводит коррекционные программы; c) сотрудничает со специализированными территориальными органами в пропаганде здорового образа жиз- ни, предупреждении и лечении алкоголизма, наркомании, заболеваний, передающихся половым путем, и т.д.; d) сотрудничает с учреждениями, предприятиями, неправительственными организациями в организа- ции для агрессоров курсов подготовки и переподготовки, их трудоустройстве; e) информирует уполномоченные органы об отмене мер защиты и возвращении агрессора в семью; f) изучает и обобщает причины и условия совершения актов насилия в семье. (9) Правительство определяет и осуществляет мониторинг стандартов функционирования центров/ служб реабилитации жертв и агрессоров.
Глава III МЕХАНИЗМ РАЗРЕШЕНИЯ АКТОВ НАСИЛИЯ В СЕМЬЕ Статья 11. Право на защиту жертвы (1) Жертве гарантируется защита прав и законных интересов. (2) Должностные и другие лица, которым известно о существовании угрозы для жизни и здоровья по- тенциальной жертвы, должны сообщить об этом органам, наделенным функциями предупреждения и пре- сечения насилия в семье. (21) Жертва имеет право на помощь по физическому, психологическому и социальному восстановлению посредством специальных медицинских, психологических, юридических и социальных мер. Оказание услуг по защите и помощи не ставится в зависимость от желания жертвы делать заявления и участвовать в про- цессе судебного преследования агрессора. Право на частную жизнь и конфиденциальность информации о жертве гарантируются. (3) Органы, наделенные функциями предупреждения и пресечения насилия в семье, обязаны опера- тивно реагировать на любое обращение и информировать жертв об их правах, об органах и учреждениях, наделенных функциями предупреждения и пресечения насилия в семье; о видах услуг и организациях, к которым они могут обратиться за помощью; о доступной для них помощи; куда и как они могут подать жалобу; о следующей за подачей заявления процедуре и их роли после подобных процедур; как они могут
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получить защиту; в какой мере и на каких условиях они могут воспользоваться юридической консультацией или помощью; о наличии опасности для жизни или здоровья жертв в случае освобождения задержанного или осужденного лица; об аннулировании защитного предписания. (4) Случаи насилия в семье могут по заявлению сторон разрешаться при помощи посредников. Посред- ничество осуществляется аттестованными посредниками, а при их отсутствии – комиссией по социальным вопросам с участием при необходимости социального работника. (5) Жертвы имеют право на бесплатную первичную и квалифицированную юридическую помощь в со- ответствии с законодательством о юридической помощи, гарантируемой государством. (6) Жертве оказывается медицинская помощь учреждениями здравоохранения в соответствии с Зако- ном об обязательном медицинском страховании. (7) Частная жизнь и личность жертвы защищены. Регистрация, хранение и использование информации личного характера о жертве осуществляются в соответствии с Законом о защите персональных данных. [Ст.11 изменена Законом N 167 от 09.07.2010, в силу 03.09.2010]
Статья 12. Лица, которые вправе подать заявление о совершении акта насилия в семье Лицами, которые вправе подать заявление о совершении акта насилия в семье, являются: a) жертва; b) в случае кризисных ситуаций – другие члены семьи; c) должностные лица и специалисты, находящиеся в контакте с семьей; d) орган опеки и попечительства; e) другие лица, обладающие информацией о реальной опасности совершения актов насилия или о факте их совершения.
Статья 13. Подача заявления (1) Заявление о совершении акта насилия в семье подается в: a) орган внутренних дел; b) судебную инстанцию; c) орган социальной помощи и защиты семьи и ребенка; d) орган местного публичного управления. (2) Заявление подается: a) по месту жительства жертвы; b) по месту временного пребывания жертвы, покинувшей место жительства, чтобы не подвергаться пря- мому насилию далее; c) по месту жительства агрессора; d) по месту обращения жертвы за помощью; e) по месту совершения акта насилия. (3) Лица, подающие заявление о совершении акта насилия в семье в судебные инстанции, освобождают- ся от уплаты государственной пошлины.
Статья 14. Порядок рассмотрения заявления (1) Заявление, поданное в орган внутренних дел, рассматривается согласно предусмотренной действую- щим законодательством процедуре. (2) Заявление, поданное в судебную инстанцию, рассматривается согласно Гражданскому процессуаль- ному кодексу и Уголовно-процессуальному кодексу. (3) Заявление, поданное в любой другой орган, наделенный функциями предупреждения и пресечения насилия в семье, передается в течение одного рабочего дня по подведомственности.
Статья 15. Меры защиты (1) Судебная инстанция в течение 24 часов с момента подачи заявления выносит защитное предписание, которым может оказать помощь жертве, применив к агрессору следующие меры: a) принуждение временно покинуть общее жилище или не приближаться к жилищу жертвы без реше- ния каким-либо образом вопроса о праве на имущество; b) принуждение не приближаться к месту нахождения жертвы; c) запрет на общение с жертвой, ее детьми и другими зависящими от нее лицами; d) запрет на посещение места работы или проживания жертвы;
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e) принуждение участвовать в содержании общих с жертвой детей до разрешения дела; f) принуждение возместить затраты и убытки, причиненные актами насилия, в том числе расходы на меди- цинскую помощь, а также на приобретение или ремонт имущества взамен уничтоженного или испорченного; g) ограничение в праве в одностороннем порядке распоряжаться общим имуществом; h) принуждение к участию в специализированных лечебных или консультационных программах, если такая необходимость определена судебной инстанцией как средство сокращения или ликвидации насилия; i) установление временного режима посещения своих несовершеннолетних детей; j) запрет на хранение и ношение оружия. (2) Ответственность за ознакомление агрессора с защитным предписанием и за исполнение последнего возлагается на участкового инспектора совместно с социальным работником. (3) Меры защиты, предусмотренные в части (1), применяются на срок до трех месяцев и могут быть отменены с устранением опасности, обусловившей их применение, либо продлены в случае поступления повторного заявления или невыполнения условий защитного предписания. (4) Применение мер защиты не препятствует началу бракоразводного процесса, раздела общего имуще- ства, лишения родительских прав, отобрания ребенка без лишения родителей их прав и других действий, предусмотренных действующим законодательством. (5) Надзор за выполнением мер защиты, установленных судебной инстанцией, входит в зависимости от обстоятельств в компетенцию органов внутренних дел, социальной защиты и других органов. (6) Судебная инстанция может отменить меры защиты по обоснованному ходатайству жертвы. В отно- шении жертв – детей и лиц, находящихся в беспомощном состоянии, рассмотрение дела судебной инстан- цией является обязательным. (7) Обжалование защитного предписания осуществляется в соответствии с действующим законодательством.
Статья 16. Финансирование (1) Меры по выполнению настоящего закона финансируются за счет государственного бюджета, бюдже- тов административно-территориальных единиц в пределах ежегодно предусматриваемых ассигнований, а также из других не запрещенных законом источников. (2) Финансирование центров/служб реабилитации жертв и агрессоров осуществляется в пределах ас- сигнований, предусмотренных в бюджетах административно-территориальных единиц, из пожертвований, грантов, других источников согласно действующему законодательству.
Статья 17. Санкции (1) Несоблюдение агрессором положений части (1) статьи 15 влечет наказание согласно действующему законодательству. (2) В случае совершения актов насилия в семье, содержащих признаки состава административного пра- вонарушения или преступления, применяется действующее законодательство вне зависимости от установ- ления мер защиты. (3) Несоблюдение положений настоящего закона должностными лицами и специалистами в соответ- ствующей области является нарушением трудовой дисциплины и влечет дисциплинарную ответственность в соответствии с законодательством.
Глава IV ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ
Статья 18. (1) Настоящий закон вступает в силу по истечении шести месяцев со дня опубликования. (2) Правительству в трехмесячный срок: a) представить Парламенту предложения по приведению действующего законодательства в соответ- ствие с настоящим законом; b) привести свои нормативные акты в соответствие с настоящим законом.
ПРЕДСЕДАТЕЛЬ ПАРЛАМЕНТА Мариан ЛУПУ Кишинэу, 1 марта 2007 г. № 45-XVI.
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10. ЗАКОН о предупреждении и пресечении торговли людьми N 241-XVI от 20.10.2005 Мониторул Офичиал ал Р.Молдова N 164-167/812 от 09.12.2005
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СОДЕРЖАНИЕ Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Сфера применения закона Статья 2. Основные понятия Статья 3. Правовая основа Статья 4. Основные принципы пресечения торговли людьми Статья 5. Недискриминация
Глава II ИНСТИТУЦИОНАЛЬНАЯ СТРУКТУРА. ПРЕДУПРЕЖДЕНИЕ И ПРЕСЕЧЕНИЕ ТОРГОВЛИ ЛЮДЬМИ Статья 6. Органы, компетентные в области предупреждения и пресечения торговли людьми Статья 7. Национальный план действий по предупреждению и пресечению торговли людьми Статья 8. Национальный комитет по пресечению торговли людьми Статья 9. Территориальные комиссии по пресечению торговли людьми Статья 10. Полномочия органов публичного управления в области предупреждения и пресечения тор- говли людьми Статья 11. Полномочия правоохранительных органов в области предупреждения и пресечения торговли людьми Статья 12. Деятельность неправительственных организаций в области предупреждения и пресечения торговли людьми международных перевозок Статья 13. Специальные положения в области международных перевозок Статья 14. Профессиональная подготовка и повышение квалификации кадров
Глава III ЗАЩИТА ЖЕРТВ ТОРГОВЛИ ЛЮДЬМИ И ОКАЗАНИЕ ИМ ПОМОЩИ Статья 15. Идентификация жертв торговли людьми Статья 16. Социальная реабилитация жертв торговли людьми Статья 17. Центры по оказанию помощи жертвам торговли людьми и их защите Статья 18. Профессиональная интеграция жертв торговли людьми Статья 19. Репатриация жертв торговли людьми Статья 20. Защита жертв торговли людьми и оказание им помощи Статья 21. Конфиденциальность частной жизни жертв торговли людьми Статья 22. Обязанности дипломатических миссий и консульских учреждений Республики Молдова по предоставлению защиты и помощи жертвам торговли людьми Статья 23. Государственные гарантии, предоставляемые жертвам торговли людьми Статья 24. Предоставление защиты и помощи иностранным гражданам и лицам без гражданства - жерт- вам торговли людьми
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Глава IV ПРЕДУПРЕЖДЕНИЕ И ПРЕСЕЧЕНИЕ ТОРГОВЛИ ДЕТЬМИ. ПРЕДОСТАВЛЕНИЕ ЗАЩИТЫ И ПОМОЩИ ДЕТЯМ - ЖЕРТВАМ ТОРГОВЛИ ЛЮДЬМИ Статья 25. Предупреждение и пресечение торговли детьми Статья 26. Специальные принципы борьбы с торговлей детьми Статья 27. Презумпция возраста Статья 28. Репатриация ребенка - жертвы торговли людьми Статья 29. Предоставление защиты и помощи детям - жертвам торговли людьми
Глава V ОТВЕТСТВЕННОСТЬ ЗА ТОРГОВЛЮ ЛЮДЬМИ Статья 30. Ответственность за торговлю людьми Статья 31. Ответственность юридических лиц за торговлю людьми Статья 32. Освобождение жертвы торговли людьми от ответственности за преступления, совершенные в связи с данным статусом
Глава VI ВЗАИМОДЕЙСТВИЕ НА МЕЖДУНАРОДНОМ УРОВНЕ Статья 33. Взаимодействие на международном уровне Статья 34. Офицеры связи
Глава VII ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ Статья 35 Обязанности Правительства Парламент принимает настоящий органический закон.
Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Сфера применения закона Настоящий закон регулирует правовые отношения, касающиеся: a) предупреждения и пресечения торговли людьми; b) содействия предупреждению и пресечению торговли людьми, а также защите жертв торговли людьми и оказанию им помощи; c) сотрудничества органов публичного управления с неправительственными организациями и другими представителями гражданского общества в деятельности по предупреждению и пресечению торговли людьми; d) взаимодействия с другими государствами, международными и региональными организациями, ком- петентными в данной области.
Статья 2. Основные понятия В настоящем законе используются следующие основные понятия: 1) торговля людьми - вербовка, перевозка, передача, укрывательство или получение лица посредством угрозы применения или применения силы или иных видов принуждения, похищения, мошенничества, об- мана, злоупотребления властью или уязвимостью положения либо посредством дачи или принятия денег или любого рода выгод для получения согласия лица, контролирующего другое лицо, в целях эксплуатации; 2) торговля детьми - вербовка, перевозка, передача, укрывательство или получение ребенка в целях эксплуата- ции, даже если эти действия не осуществляются с применением любого из средств, предусмотренных пунктом 1); 3) эксплуатация человека - злоупотребление каким-либо лицом в целях получения выгоды, а именно: a) принуждение какого-либо лица выполнять определенные работы или оказывать услуги силой, путем угроз или других видов насилия в нарушение положений закона относительно условий труда, оплаты труда, охраны здоровья и обеспечения безопасности;
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b) содержание лица в рабстве, применение других сходных с рабством условий или использование иных способов лишения человека свободы; c) принуждение к занятию проституцией, участию в порнографических представлениях в целях произ- водства, распространения и введения в оборот любыми путями порнографических материалов, их закупки, реализации или хранения, использование иных видов сексуальной эксплуатации; d) принуждение к предоставлению органов, тканей или других частей человеческого тела для трансплантации; e) принудительное использование женщины в качестве суррогатной матери или в целях воспроизводства; f) злоупотребление правами ребенка в целях незаконного усыновления; g) использование в вооруженных конфликтах или незаконных вооруженных формированиях; h) использование в преступной деятельности; i) принуждение к занятию попрошайничеством; j) продажа одного лица другому лицу; k) принуждение к занятию видами деятельности, нарушающими основные права и свободы человека. Согласие жертвы торговли людьми на намеренную эксплуатацию, предусмотренную пунктом 3), не при- нимается во внимание при использовании любого из средств принуждения, предусмотренных пунктом 1); 4) ребенок - лицо, не достигшее возраста 18 лет; 5) документ - паспорт или удостоверение личности, а также любой проездной документ лица, подвер- гнутого эксплуатации; 6) конфискация документов - лишение любым способом лиц, подвергшихся эксплуатации, документов, предусмотренных пунктом 5); 7) нахождение лица в заложниках для выплаты долга - состояние лица, лишенного свободы, в том числе свободы передвижения, содержащегося в качестве заложника до тех пор, пока оно или третье лицо не вер- нет законно или незаконно установленный долг; 8) рабство - состояние или положение лица, на которое распространяется одно или многие права, про- истекающие из права собственности; 9) условия, сходные с рабством - помещение или содержание лица в условиях, при которых другое лицо подчиняет себе данное лицо или заставляет его посредством обмана, силы, угроз или других видов насилия предоставлять определенные услуги, включая принуждение находиться в положении наложницы или со- стоять в брачных отношениях; 10) уязвимое положение - особое состояние, в котором находится лицо, готовое подвергаться насилию или эксплуатации, в частности, вследствие: a) шаткого положения с точки зрения социального выживания; b) положения, обусловленного возрастом, беременностью, заболеванием, немощью, физическим недо- статком или умственной отсталостью; c) шаткого и незаконного положения в связи с въездом в страну транзита или конечного назначения либо нахождением в ней; 11) жертва торговли людьми - физическое лицо, которое предположительно или определенно пострада- ло в результате действий по торговле людьми, предусмотренных пунктами 1) и 2); 12) торговец людьми - лицо, участвующее в организации и осуществлении торговли людьми; 13) идентификация жертв торговли людьми - проверка предполагаемых жертв торговли людьми.
Статья 3. Правовая основа Правовой основой деятельности по предупреждению и пресечению торговли людьми, а также по защите жертв торговли людьми являются Конституция Республики Молдова, международные договоры, одной из сторон которых является Республика Молдова, настоящий закон и другие нормативные акты, регламенти- рующие отношения в данной области.
Статья 4. Основные принципы пресечения торговли людьми Пресечение торговли людьми осуществляется на основе следующих принципов: a) соблюдение основных прав и свобод человека; b) признание торговли людьми преступлением, посягающим на основные права человека, достоинство, свободу и неприкосновенность личности; c) неотвратимость наказания торговцев людьми; d) законность; e) свободный доступ к правосудию; f) обеспечение безопасности жертв торговли людьми и справедливого отношения к ним;
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g) комплексное использование превентивных правовых, политических, социально-экономических и ин- формационных мер; h) социальное партнерство, сотрудничество органов публичного управления с международными и не- правительственными организациями, другими представителями гражданского общества; i) соразмерность соблюдения основных прав жертв торговли людьми и условий уголовного преследова- ния, при которой не наносится ущерб правам стороны защиты; j) одинаковый подход ко всем видам национальной и транснациональной торговли людьми, как связан- ной, так и не связанной с организованной преступностью и др.; k) сотрудничество с органами публичного управления и компетентными организациями других государств, а также с международными организациями в целях выполнения задач по пресечению торговли людьми.
Статья 5. Недискриминация Реализация положений настоящего закона, в частности мер по защите прав жертв торговли людьми, обеспечивается без какой-либо дискриминации по критериям пола, расы, языка, вероисповедания, поли- тических или других взглядов, социального или национального происхождения, гражданства, принадлеж- ности к этническим меньшинствам и др.
Глава II ИНСТИТУЦИОНАЛЬНАЯ СТРУКТУРА. ПРЕДУПРЕЖДЕНИЕ И ПРЕСЕЧЕНИЕ ТОРГОВЛИ ЛЮДЬМИ Статья 6. Органы, компетентные в области предупреждения и пресечения торговли людьми (1) В целях повышения эффективности деятельности по предупреждению и пресечению торговли людь- ми, особенно женщинами и детьми, органы публичного управления, предусмотренные в настоящей главе, неправительственные организации и другие представители гражданского общества осуществляют эту дея- тельность самостоятельно или совместно. (2) При осуществлении деятельности по предупреждению и пресечению торговли людьми органы публичного управления, предусмотренные в настоящей главе, взаимодействуют путем обмена информа- цией, экспертами, в ходе поиска и идентификации жертв торговли людьми, при реализации социально- экономических инициатив, путем совместного обучения персонала и реализации иных мер в этой области. (3) Неправительственные организации и международные организации, имеющие представительства в Республике Молдова, компетентные в данной области, могут свободно создавать институциональные структуры и участвовать в деятельности по предупреждению и пресечению торговли людьми.
Статья 7. Национальный план действий по предупреждению и пресечению торговли людьми (1) В целях предупреждения и пресечения торговли людьми, а также защиты жертв торговли людьми Правительство утверждает Национальный план действий по предупреждению и пресечению торговли людьми (далее - Национальный план). (2) Национальный план утверждается периодически на двухлетний срок и предусматривает осуществление комплексных мер и социально-экономических инициатив, направленных на предупреждение и пресечение торговли людьми, а также на защиту жертв торговли людьми, включая сотрудничество с международными и неправительственными организациями, другими учреждениями и представителями гражданского общества. (3) Центральные и местные органы публичного управления, компетентные в области предупреждения и пресечения торговли людьми, принимают свои планы действий по реализации Национального плана в их областях деятельности.
Статья 8. Национальный комитет по пресечению торговли людьми (1) Координация деятельности по предупреждению и пресечению торговли людьми, а также по сотруд- ничеству органов публичного управления с международными и неправительственными организациями, другими учреждениями и представителями гражданского общества осуществляется Национальным коми- тетом по пресечению торговли людьми (далее - Национальный комитет). (2) Национальный комитет является консультативным органом Правительства. (3) Персональный состав Национального комитета и Положение о нем утверждаются постановлением Правительства. Порядок назначения и отзыва членов Национального комитета регламентируется Положе- нием о Национальном комитете. (4) Национальный комитет имеет следующие полномочия:
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a) представление Правительству предложений по основам государственной политики в области пред- упреждения и пресечения торговли людьми, а также рекомендаций, направленных на совершенствование деятельности по выявлению и устранению причин и условий, способствующих возникновению торговли людьми и осуществлению деятельности по торговле людьми; b) контроль за реализацией Национального плана и выполнением законодательства по предупреждению и пресечению торговли людьми государственными учреждениями и организациями, представление Прави- тельству информации о ходе выполнения Национального плана; c) сбор и анализ информации о масштабах, состоянии торговли людьми и тенденциях в этом явлении на национальном уровне; d) внесение предложений по совершенствованию законодательства в области предупреждения и пре- сечения торговли людьми, а также защиты жертв торговли людьми; e) организация кампаний по информированию населения по вопросам торговли людьми и социальной опасности данного явления; f) координирование деятельности территориальных комиссий по пресечению торговли людьми и спе- циализированных учреждений по реализации Национального плана и по предупреждению и пресечению торговли людьми; g) периодические оценка и мониторинг процесса реализации Национального плана и информирование об этом Правительства и гражданского общества. (5) В состав Национального комитета входят представители органов публичного управления, в том чис- ле правоохранительных органов, и организаций, осуществляющих деятельность по предупреждению и пре- сечению торговли людьми. (6) Представители неправительственных организаций и международных организаций, имеющих пред- ставительства в Республике Молдова, которые осуществляют деятельность по предупреждению и пре- сечению торговли людьми, а также по оказанию помощи жертвам торговли людьми, могут участвовать в заседаниях Национального комитета с правом совещательного голоса и должны быть включены в состав Национального комитета и территориальных комиссий по пресечению торговли людьми. (7) Организационная деятельность Национального комитета обеспечивается секретарем, назначаемым председателем комитета. (8) Национальный комитет представляет Правительству периодически, но не реже одного раза в год, до 1 февраля и по запросу отчет о своей деятельности. Центральные органы публичного управления мо- гут в любой момент запросить у Национального комитета информацию о соблюдении законодательства по предупреждению и пресечению торговли людьми.
Статья 9. Территориальные комиссии по пресечению торговли людьми (1) В целях координации деятельности по предупреждению и пресечению торговли людьми в районах, муниципиях и автономном территориальном образовании Гагаузия при органах исполнительной власти со- ответствующих представительных органов создаются территориальные комиссии по пресечению торговли людьми. В муниципии Кишинэу такие комиссии создаются и в секторах. (2) Территориальные комиссии по пресечению торговли людьми имеют следующие полномочия: a) организация и координация деятельности по предупреждению и пресечению торговли людьми, защи- те жертв торговли людьми и оказанию им помощи, сотрудничеству между органами местного публичного управления, правоохранительными органами, неправительственными организациями и другими предста- вителями гражданского общества, осуществляющими деятельность на местах; b) реализация на местном уровне мер, предусмотренных Национальным планом; c) периодические оценка и мониторинг деятельности по предупреждению и пресечению торговли людь- ми, осуществляемой государственными органами на местах, с информированием соответствующего пред- ставительного органа и Национального комитета и внесение предложений по повышению эффективности данной деятельности; d) предоставление помощи в разработке программ исследования, анализа и сбора статистических дан- ных о торговле людьми; e) введение учебных программ по предупреждению и пресечению торговли людьми, предназначенных для уязвимых групп населения и должностных лиц, участвующих в деятельности по предупреждению и пресечению торговли людьми. (3) Положения о территориальных комиссиях по пресечению торговли людьми утверждаются соответствен- но районными, муниципальными советами, Народным Собранием автономного территориального образова- ния Гагаузия на основе типового положения, утвержденного постановлением Правительства. (4) Территориальные комиссии по пресечению торговли людьми представляют соответствующим пред- ставительным органам и Национальному комитету периодически, но не реже одного раза в год, до 15 янва- ря отчет о своей деятельности.
79 Торговля людьми и равенство полов в Молдове
Статья 10. Полномочия органов публичного управления в области предупреждения и пресечения торговли людьми (1) В соответствии со своими полномочиями: 1) Министерство внутренних дел, Министерство иностранных дел и европейской интеграции, Служба информации и безопасности составляют список стран, представляющих высокий уровень риска с точки зрения торговли людьми, который доводится до сведения заинтересованных органов; 2) Министерство иностранных дел и европейской интеграции, Служба информации и безопасности, Министерство внутренних дел, Пограничная служба осуществляют меры по предотвращению доступа на территорию Республики Молдова иностранных граждан и лиц без гражданства, в отношении которых соот- ветствующие органы располагают достоверной информацией, что они являются торговцами людьми; 3) Пограничная служба осуществляет деятельность по предупреждению и пресечению торговли людьми посредством предупреждения, выявления и пресечения попыток пересечения государственной границы торговцами людьми, а также пересечения государственной границы жертвами торговли людьми с наруше- нием действующего законодательства; 4) Министерство труда, социальной защиты и семьи: a) при содействии Национального агентства занятости населения осуществляют деятельность по ин- формированию о состоянии рынка труда, профессиональной подготовке, стимулированию занятости пу- тем предоставления посреднических услуг по трудоустройству, информационно-консультационных услуг относительно профессии, услуг по профессиональной ориентации и обучению, а также консультаций и по- мощи относительно начала предпринимательской деятельности; b) посредством органов социальной защиты обеспечивают жертвам торговли людьми информацию и кон- сультации, предоставляют им предусмотренные законом для социально незащищенных лиц возможности; 41) Министерство здравоохранения разрабатывает программы медицинской помощи, в том числе психиа- трической, определяет медицинские учреждения, предоставляющие данную помощь жертвам торговли людьми; 5) Министерство просвещения совместно с другими заинтересованными министерствами, органами местного публичного управления, неправительственными организациями, осуществляющими деятель- ность в рассматриваемой области, разрабатывает образовательные и учебные программы для педагогов, родителей и детей, для групп риска, направленные на устранение причин и условий, способствующих тор- говле людьми, особенно женщинами и детьми; 6) Министерство внутренних дел выдает в соответствии с действующим законодательством иностран- ным гражданам и лицам без гражданства, являющимся жертвами торговли людьми, свидетельство имми- гранта на определенный срок; 7) Министерство иностранных дел и европейской интеграции содействует предупреждению и пресече- нию торговли людьми, главным образом путем организации и участия в переговорах с целью заключения договоров с другими странами и международными организациями в области торговли людьми, а также путем предоставления защиты и помощи лицам, подвергшимся торговле людьми, которые находятся за границей, в соответствии с нормами международного права; 8) Министерство информационных технологий и связи обеспечивает идентификацию жертв торговли людьми и выдает вид на жительство или, при необходимости, удостоверение личности жертвам торгов- ли людьми, которые являются иностранными гражданами или лицами без гражданства, в случае, если их пребывание обусловлено личными обстоятельствами или участием в уголовном процессе по привлечению торговца людьми к ответственности, в соответствии с частью (6) статьи 24; 9) Министерство экономики совместно с другими заинтересованными министерствами и ведомствами разрабатывает и осуществляет социально-экономические программы, направленные на устранение причин и условий экономического характера, способствующих незаконной миграции, включая торговлю людьми; 10) Министерство юстиции представляет один раз в 6 месяцев список неправительственных органи- заций, осуществляющих деятельность, связанную с предупреждением и пресечением торговли людьми, а также предоставляющих защиту и помощь жертвам торговли людьми. Совместно с другими центральными органами публичного управления, указанными в настоящей статье, Министерство юстиции разрабатывает проекты нормативных актов, регулирующих отношения в области предупреждения и пресечения торговли людьми, предоставления защиты и помощи жертвам торговли людьми; 11) Центры по оказанию помощи жертвам торговли людьми и их защите выдают временные документы, удостоверяющие личность, на период временного проживания с возможностью их продления в соответ- ствии со статьей 17. (2) Центральные органы публичного управления, наделенные функциями по предупреждению и пресече- нию торговли людьми, органы местного публичного управления и территориальные комиссии по пресечению торговли людьми при активном сотрудничестве со средствами массовой информации систематически орга- низуют кампании по информированию населения, создают и распространяют информационные материалы о рисках, которым могут подвергнуться потенциальные жертвы торговли людьми.
80 дополнительные нормативные акты
(3) Органы публичного управления, указанные в настоящей статье, периодически информируют Нацио- нальный комитет о принятых мерах по предупреждению и пресечению торговли людьми и представляют предложения по повышению эффективности данной деятельности. [Ст.10 изменена Законом N 109 от 04.06.2010, в силу 30.07.2010] [Ст.10 изменена Законом N 107-XVI от 16.05.2008, в силу 20.06.2008] [Ст.10 изменена Законом N 137-XVI от 21.06.2007, в силу 03.08.2007]
Статья 11. Полномочия правоохранительных органов в области предупреждения и пресечения торговли людьми (1) Министерство внутренних дел и его центральные и территориальные подразделения: a) осуществляют деятельность по предупреждению и пресечению торговли людьми посредством профи- лактики, предупреждения, выявления и пресечения преступлений, связанных с торговлей людьми, а также осуществляют в соответствии с действующим законодательством уголовное преследование по уголовным делам, связанным с торговлей людьми и другими сопутствующими ей действиями; b) обеспечивают, по заявлению, физическую защиту жертв торговли людьми в период уголовного про- цесса, предоставляют им другую защиту и помощь в соответствии с настоящим законом и другими норма- тивными актами в данной области. (2) Министерство внутренних дел посредством своих специализированных органов по предупрежде- нию и пресечению торговли людьми осуществляет оперативно-розыскную деятельность, деятельность по уголовному преследованию, международному сотрудничеству, идентификации и защите жертв торговли людьми, анализу информации, а также стимулирует создание региональных центров по предупреждению и пресечению торговли людьми. (3) Министерство внутренних дел при поддержке других министерств и ведомств разрабатывает, под- держивает и актуализирует базу данных по торговле людьми с соблюдением конфиденциальности сведений о личности жертв торговли людьми в соответствии со статьей 21. (4) Министерство внутренних дел совместно с Генеральной прокуратурой проводит работу по выявле- нию и устранению причин и условий, способствующих торговле людьми, и один раз в полгода публикует в средствах массовой информации статистическую информацию и аналитические отчеты о предупреждении и пресечении торговли людьми, а также о защите жертв торговли людьми. (5) Генеральная прокуратура в рамках своей компетенции осуществляет деятельность по предупрежде- нию и пресечению торговли людьми в соответствии с действующим законодательством, координирует, ру- ководит и осуществляет уголовное преследование в случаях, связанных с торговлей людьми, представляет обвинение от имени государства в судебных инстанциях, следит за соблюдением прав человека, в том числе прав жертв торговли людьми, а также принимает другие необходимые меры в данной области. В рамках Ге- неральной прокуратуры создается специализированное подразделение по предупреждению и пресечению торговли людьми. (6) Служба информации и безопасности и ее территориальные органы осуществляют деятельность по предупреждению и пресечению торговли людьми путем выявления связей международных организаций и организованных преступных групп с торговцами людьми, а также посредством другой деятельности, осу- ществляемой в соответствии с компетенцией Службы. (7) При Генеральном прокуроре создается координационный совет правоохранительных органов, на- деленный полномочиями в области пресечения торговли людьми. (8) Правоохранительные органы ежегодно, не позднее 10 января, представляют координационному со- вету при Генеральном прокуроре отчеты о соблюдении в стране законодательства по предупреждению и пресечению торговли людьми, а Генеральный прокурор представляет такие же отчеты Национальному ко- митету до 20 января.
Статья 12. Деятельность неправительственных организаций в области предупреждения и пресечения торговли людьми (1) В целях предупреждения и пресечения торговли людьми, предоставления защиты и помощи жертвам торговли людьми, а также координации текущей деятельности международные организации, имеющие пред- ставительства в Республике Молдова, и неправительственные организации, осуществляющие деятельность в рассматриваемой области, могут взаимодействовать с органами публичного управления и другими компе- тентными органами в соответствии с их уставами и положениями и организовывать информационные кампа- нии по вопросам торговли людьми и рисков, которым могут подвергаться жертвы торговли людьми. (2) Неправительственные организации могут создавать центры по оказанию помощи жертвам торговли людьми и их защите. (3) Неправительственные организации осуществляют деятельность по выявлению жертв торговли людьми, предоставляют им правовую и иную защиту и помощь, принимают другие меры по предупрежде- нию и пресечению торговли людьми в соответствии со своими уставами.
81 Торговля людьми и равенство полов в Молдове
Статья 13. Специальные положения в области международных перевозок Соответствующие агентства и структуры в области международных перевозок обязаны проверять на- личие у пассажиров документов, необходимых для въезда в принимающую страну.
Статья 14. Профессиональная подготовка и повышение квалификации кадров (1) Государство обеспечивает профессиональную подготовку и повышение квалификации кадров правоохра- нительных органов, миграционных и других служб в области предупреждения и пресечения торговли людьми. (2) Профессиональная подготовка и повышение квалификации кадров должны быть сосредоточены на методах предупреждения и пресечения торговли людьми, на самых современных процедурах осуществле- ния уголовного преследования в случаях торговли людьми, в том числе детьми, на соблюдении прав и инте- ресов жертв торговли людьми и на самых передовых формах защиты жертв торговли людьми. (3) Профессиональная подготовка и повышение квалификации кадров охватывают методы и формы со- трудничества органов публичного управления с имеющими представительства в Республике Молдова междуна- родными и региональными организациями, неправительственными организациями, учреждениями и другими представителями гражданского общества, а также методы и формы взаимодействия и сотрудничества органов публичного управления, организаций и учреждений Республики Молдова с заинтересованными органами вла- сти, организациями и учреждениями других стран, с международными и региональными организациями.
Глава III ЗАЩИТА ЖЕРТВ ТОРГОВЛИ ЛЮДЬМИ И ОКАЗАНИЕ ИМ ПОМОЩИ Статья 15. Идентификация жертв торговли людьми Идентификация жертв торговли людьми осуществляется компетентными органами публичного управ- ления с привлечением неправительственных организаций или самими неправительственными организа- циями, имеющими основания полагать, что лицо является жертвой торговли людьми.
Статья 16. Социальная реабилитация жертв торговли людьми Социальная реабилитация жертв торговли людьми осуществляется в целях возвращения их к нормальной жизни и включает в себя предоставление данным лицам правовой и материальной помощи, их психологиче- скую, медицинскую и профессиональную реабилитацию, а также трудоустройство и предоставление жилья.
Статья 17. Центры по оказанию помощи жертвам торговли людьми и их защите (1) Центры по оказанию помощи жертвам торговли людьми и их защите (далее - центры) являются спе- циализированными учреждениями, создаваемыми с целью предоставления цивилизованных условий про- живания и личной гигиены, питания, незамедлительной правовой, социальной, психологической и меди- цинской помощи, обеспечения безопасности и защиты, а также оказания помощи в установлении контакта с родственниками жертв торговли людьми. (2) Центры могут создаваться: a) Правительством по предложению Национального комитета; b) органами местного публичного управления по предложению территориальных комиссий, предусмо- тренных статьей 9; c) международными и неправительственными организациями с ведома Национального комитета; d) органами публичного управления и неправительственными или частными организациями на основе договора о совместной деятельности. (3) Центры предоставляют жертвам торговли людьми временное жилье по их личной просьбе на срок, не превышающий 30 дней. (4) Предусмотренный частью (3) срок проживания может быть продлен: a) по заключению врача - на период лечения, но не более чем на шестимесячный срок; b) по просьбе органов уголовного преследования или судебных инстанций - на период уголовного про- цесса, а в случае, когда жизнь и здоровье жертвы торговли людьми находятся под реальной угрозой, срок проживания может быть продлен даже после окончания уголовного процесса на основании представления прокурора на срок, который он сочтет необходимым для защиты жертвы; c) по просьбе жертвы торговли людьми с указанием обоснованной причины - на период, не превышаю- щий 30 дней. (5) Беременные женщины - жертвы торговли людьми имеют право проживать в центре в течение одного года. (6) Положение об организации и функционировании центров утверждается учредителями на основе типового положения, утвержденного постановлением Правительства.
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(7) Расходы, связанные с деятельностью центров, покрываются за счет средств общих бюджетов учредителей. (8) Материальную и финансовую поддержку в организации и функционировании центров могут ока- зывать также хозяйствующие субъекты и индивидуальные предприниматели в соответствии с Законом о благотворительности и спонсорстве. (9) В целях обеспечения безопасности помещений, в которых проживают жертвы торговли людьми, цен- тры пользуются на безвозмездной основе помощью полиции.
Статья 18. Профессиональная интеграция жертв торговли людьми (1) Профессиональная интеграция жертв торговли людьми осуществляется при поддержке агентств за- нятости населения в соответствии с действующим законодательством. (2) Агентства занятости населения в первоочередном порядке предоставляют жертвам торговли людьми бесплатные посреднические услуги по трудоустройству, информационно-консультационные услуги отно- сительно профессии, услуги по профессиональной ориентации и обучению, консультации и помощь отно- сительно начала предпринимательской деятельности. (3) Жертвы торговли людьми вправе пройти курс профессиональной подготовки за счет средств фонда занятости. (4) Пользователями услуг, предусмотренных частями (2) и (3), являются лица, достигшие возраста 16 лет.
Статья 19. Репатриация жертв торговли людьми (1) Республика Молдова оказывает жертвам торговли людьми, являющимся ее гражданами, а также ли- цами без гражданства, имевшими право на постоянное место жительства в Республике Молдова на момент въезда на территорию других стран, содействие в репатриации и приеме без необоснованных задержек с учетом необходимости обеспечения их безопасности. (2) По просьбе страны назначения компетентные органы Республики Молдова проверяют без необосно- ванных задержек, является ли лицо, ставшее жертвой торговли людьми, гражданином Республики Молдова или имело ли оно право постоянного места жительства на ее территории на момент въезда на территорию страны назначения, о чем уведомляют запрашивающую страну, и принимают меры по репатриации жертвы. (3) В целях содействия репатриации жертвы торговли людьми, имеющей гражданство Республики Молдо- ва или право на постоянное место жительства в Республике Молдова на момент прибытия в страну назначе- ния, но не имеющей необходимых документов, компетентные органы Республики Молдова по просьбе страны назначения выдают проездные документы или любые другие разрешения, необходимые для репатриации. (4) Положения настоящей статьи применяются без нарушения каких-либо прав жертвы торговли людь- ми, предоставляемых законодательством страны назначения. (5) Положение о процедуре репатриации жертв торговли людьми, являющихся гражданами Республи- ки Молдова или лицами без гражданства, имевшими право на постоянное место жительства в Республике Молдова на момент въезда в страну назначения, утверждается Министерством иностранных дел и европей- ской интеграции совместно с Министерством внутренних дел и Министерством информационных техно- логий и связи. [Ст.19 изменена Законом N 109 от 04.06.2010, в силу 30.07.2010]
Статья 20. Защита жертв торговли людьми и оказание им помощи (1) Жертвам торговли людьми предоставляется помощь в целях физической, психологической и соци- альной реабилитации посредством реализации специальных медицинских, психологических, правовых и социальных мер. (2) Лицо, являющееся предполагаемой жертвой торговли людьми, рассматривается как социально уяз- вимое и пользуется минимальным пакетом социальной и медицинской помощи, гарантированной учреж- дениями Министерства здравоохранения и Министерства труда, социальной защиты и семьи. Лица, при- знанные жертвами торговли людьми, обеспечиваются бесплатной медицинской помощью в медицинских учреждениях, определенных Министерством здравоохранения. (3) Государство через компетентные органы и организации незамедлительно принимает соответствую- щие меры по идентификации жертв торговли людьми и направлению их для получения услуг по защите и помощи с предоставлением им 30-дневного периода на обдумывание, в течение которого не допускается исполнение какого-либо распоряжения о высылке, принятого против данного лица. (4) Предоставление услуг по защите и оказание помощи не могут быть обусловлены желанием жертвы торговли людьми делать заявления и участвовать в процессе преследования торговцев людьми. (5) Компетентные органы публичного управления обязаны информировать жертв торговли людьми об их правах, об органах, организациях и учреждениях, наделенных функциями по предупреждению и пресе- чению торговли людьми, а также по защите жертв торговли людьми.
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(6) Жертвам торговли людьми предоставляется защита и оказывается помощь со стороны органов публично- го управления, Национального комитета, территориальных комиссий по пресечению торговли людьми в преде- лах их компетенции и в соответствии с настоящим законом и другими нормативными актами. (7) Неправительственные организации, компетентные в рассматриваемой области, также вправе предо- ставлять защиту и оказывать помощь жертвам торговли людьми, в том числе защищать их интересы в ходе уголовного или гражданского процесса. (8) Во всех случаях, когда компетентный орган, международная или неправительственная организация, функционирующая в рассматриваемой области, имеют основание полагать, что то или иное лицо является жертвой торговли людьми, в отношении этого лица принимаются все предусмотренные законом меры по предоставлению ему защиты и оказанию помощи. [Ст.20 изменена Законом N 109 от 04.06.2010, в силу 30.07.2010] [Ст.20 изменена Законом N 107-XVI от 16.05.2008, в силу 20.06.2008]
Статья 21. Конфиденциальность частной жизни жертв торговли людьми (1) Частная жизнь и личность жертв торговли людьми защищены. Регистрация, хранение и использо- вание информации личного характера о жертвах торговли людьми осуществляются для целей отправления правосудия и защиты жертв торговли людьми с соблюдением специальных условий конфиденциальности и только в период уголовного процесса. (2) Распространение информации о частной жизни и личности жертв торговли людьми, а также об усло- виях торговли данными лицами запрещается. (3) Распространение информации о мерах государственной защиты жертв торговли людьми, о лицах, предоставляющих данную защиту, а также о лицах, оказывающих помощь в борьбе с торговлей людьми, запрещается. (4) Соблюдение конфиденциальности информации, предусмотренной частями (1) - (3), является обязан- ностью всех лиц, включая вовлеченных в деятельность по предупреждению и пресечению торговли людьми, предоставлению защиты и оказанию помощи жертвам торговли людьми, а также сотрудников правоохра- нительных органов, судебных инстанций, предусмотренных статьей 17, центров и социальных работников. (5) В случае, если жизни и здоровью жертвы торговли людьми угрожает реальная опасность, на основа- нии судебного решения, по ходатайству прокурора, органа уголовного преследования жертве по ее просьбе предоставляется возможность изменить фамилию, имя, дату и место рождения в соответствии с Законом об актах гражданского состояния и Законом о государственной защите потерпевших, свидетелей и других лиц, содействующих уголовному процессу. (6) Разглашение информации о мерах безопасности, принятых в отношении жертв торговли людьми, конфиденциальной информации о жертвах торговли людьми, а также информации об уголовном пресле- довании и о мерах по обеспечению безопасности, принятых в отношении участников уголовного процесса, влечет уголовную и административную ответственность.
Статья 22. Обязанности дипломатических миссий и консульских учреждений Республики Молдова по предоставлению защиты и помощи жертвам торговли людьми (1) На дипломатические миссии и консульские учреждения Республики Молдова возложены следующие обязанности: a) осуществление деятельности по защите прав и интересов граждан Республики Молдова, ставших жертвами торговли людьми в стране нахождения миссии или странах, где имеются аккредитованные мис- сии, и содействие репатриации таких граждан в соответствии с законодательством Республики Молдова и законодательством страны нахождения миссии; b) выдача совместно с подразделениями Министерства информационных технологий и связи гражданам Республики Молдова, ставшим жертвами торговли людьми, бесплатно в кратчайшие сроки документов или любых других актов, необходимых для их репатриации в Республику Молдова, в случае утери этими граж- данами своих документов или невозможности получить их от торговцев людьми; c) распространение среди заинтересованных лиц информационных материалов о правах жертв торгов- ли людьми в соответствии с законодательством Республики Молдова и законодательством страны нахож- дения миссии; d) предоставление органам публичного управления и судебным органам страны нахождения миссии или стран, где имеются аккредитованные миссии, информации о законодательстве Республики Молдова в области предупреждения и пресечения торговли людьми, о правах жертв, о предоставляемой им защите и помощи, включая адреса центров по оказанию помощи жертвам торговли людьми и их защите. (2) Руководители дипломатических миссий и консульских учреждений назначают из состава своих мис- сий дипломата, ответственного за выполнение процедур по репатриации граждан Молдовы, ставших жерт-
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вами торговли людьми, предоставлению им защиты и помощи в период нахождения в стране транзита или назначения, а также за сотрудничество в этой области с органами публичного управления и организациями Республики Молдова. [Ст.22 изменена Законом N 109 от 04.06.2010, в силу 30.07.2010]
Статья 23. Государственные гарантии, предоставляемые жертвам торговли людьми (1) Судебные инстанции и органы уголовного преследования применяют в отношении жертв тор- говли людьми меры по обеспечению их физической безопасности и прав, предусмотренные Уголовно- процессуальным кодексом и Законом о государственной защите потерпевших, свидетелей и других лиц, содействующих уголовному процессу. (2) Жертвы торговли людьми имеют право на возмещение ущерба в соответствии с законодательством.
Статья 24. Предоставление защиты и помощи иностранным гражданам и лицам без гражданства - жертвам торговли людьми (1) Республика Молдова предоставляет защиту и помощь иностранным гражданам и лицам без граждан- ства - жертвам торговли людьми в их добровольной репатриации в срочном порядке в страну происхожде- ния и обеспечивает безопасность их транспортировки до государственной границы Республики Молдова, если международными договорами не предусмотрено иное. Жертва торговли людьми не может быть репа- триирована или выслана в страну происхождения или третью страну, если в результате оценки рисков и безопасности есть основания полагать, что безопасность жертвы или ее семьи находится под угрозой. (2) Для обеспечения защиты и помощи иностранным гражданам и лицам без гражданства - жертвам торговли людьми таковые могут быть направлены в предусмотренные статьей 17 центры. (3) Иностранные граждане и лица без гражданства - жертвы торговли людьми, указанные в частях (1) и (2), информируются на понятном для них языке о судебных и административных процедурах, применяе- мых в Республике Молдова и соответствующих странах проживания. (4) Иностранные граждане и лица без гражданства - жертвы торговли людьми, указанные в части (1), имеют право на 30-дневный период обдумывания, на психиатрические и психологические консультации, медицинскую и социальную помощь. Они также могут воспользоваться бесплатной правовой помощью для реализации своих прав на всех этапах уголовного процесса и для обоснования своих гражданских исков в отношении лиц, совершивших предусмотренные Уголовным кодексом преступления, связанные с торгов- лей людьми. В течение указанного периода обдумывания не допускается исполнение какого-либо распоря- жения о высылке, принятого против этих лиц. (5) В случае, если у иностранных граждан и лиц без гражданства - жертв торговли людьми нет в наличии документов, удостоверяющих личность, в связи с их утерей, кражей или уничтожением, Министерство ино- странных дел и европейской интеграции по просьбе иностранного государства предоставляет им помощь в получении таких документов или разрешений, необходимых для возвращения в страну проживания. (6) В случае, если иностранные граждане и лица без гражданства - жертвы торговли людьми размещены в соответствии с их статусом жертвы в предусмотренных статьей 17 центрах или участвуют в уголовном процессе в отношении торговца людьми, они получают временный вид на жительство, который при необ- ходимости может быть продлен.
Глава IV ПРЕДУПРЕЖДЕНИЕ И ПРЕСЕЧЕНИЕ ТОРГОВЛИ ДЕТЬМИ. ПРЕДОСТАВЛЕНИЕ ЗАЩИТЫ И ПОМОЩИ ДЕТЯМ - ЖЕРТВАМ ТОРГОВЛИ ЛЮДЬМИ Статья 25. Предупреждение и пресечение торговли детьми (1) Предупреждение и пресечение торговли детьми, предоставление защиты и помощи ребенку - жертве торговли людьми являются в Республике Молдова политическими, социальными и экономическими зада- чами приоритетного характера. (2) Деятельность органов публичного управления и организаций, имеющих полномочия в области пред- упреждения и пресечения торговли людьми, должна быть направлена на соблюдение насущных интересов ребенка. (3) Органы публичного управления, социальные агентства, органы здравоохранения и образования, а также неправительственные организации, учреждения и другие представители гражданского общества должны незамедлительно связываться с правоохранительными органами в случае, если им стало известно или у них имеются подозрения, что ребенок подвергается эксплуатации или является предметом торговли людьми либо подвергается риску эксплуатации или торговли людьми.
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Статья 26. Специальные принципы борьбы с торговлей детьми Наряду с основными принципами, предусмотренными статьей 4, при осуществлении деятельности по предупреждению и пресечению торговли детьми, защите и оказанию помощи детям - жертвам торговли людьми применяются следующие специальные принципы: a) строгое соблюдение прав ребенка, предусмотренных Конвенцией ООН о правах ребенка и Законом Республики Молдова о правах ребенка; b) принятие специальных мер по защите и оказанию помощи ребенку - жертве торговли людьми; c) уважение мнения ребенка - жертвы торговли людьми в возрасте старше 10 лет по всем применяемым в отношении него действиям с учетом возраста, степени зрелости и насущных интересов; d) информирование ребенка - жертвы торговли людьми о его положении и правах, мерах по защите и оказанию помощи, предоставляемых услугах, процедурах репатриации и процессе воссоединения с семьей; e) обеспечение неразглашения ни при каких обстоятельствах личности ребенка, а также подробностей, позволяющих идентифицировать ребенка - жертву торговли людьми.
Статья 27. Презумпция возраста В случае, если возраст жертвы торговли людьми неизвестен, но есть основания полагать, что таковая не достигла возраста 18 лет, считается, что жертва торговли людьми является ребенком, и до окончательного определения возраста к ней относятся как к ребенку с применением всех специальных мер защиты, преду- смотренных настоящим законом и другими нормативными актами.
Статья 28. Репатриация ребенка - жертвы торговли людьми (1) Ребенок - жертва торговли людьми возвращается в страну происхождения, если до его возвращения один из родителей, другой родственник или опекун дал согласие взять его на попечение или если правитель- ственное агентство, агентство по защите детей страны происхождения дало согласие и имеет возможность взять на себя ответственность за ребенка и предоставить ему должную защиту и помощь. (2) Получение органом уголовного преследования или судебной инстанцией от ребенка заявления о тор- говле людьми не должно препятствовать или задерживать воссоединение с семьей или возвращение ребенка - жертвы торговли людьми в страну происхождения, если это соответствует насущным интересам ребенка. (3) В случае, если возвращение ребенка в страну происхождения и его интеграция в стране назначения невозможны или если такие решения не соответствуют насущным интересам ребенка, власти обеих стран на основе международных договоров обеспечивают перемещение ребенка - жертвы торговли людьми в тре- тью страну при согласии последней. (4) Мнение ребенка - жертвы торговли людьми в возрасте старше 10 лет учитывается при принятии ре- шения о его репатриации или перемещении в третью страну. (5) Ребенок - жертва торговли людьми не может быть возвращен в страну происхождения или отправлен в третью страну, если в результате оценки риска и безопасности есть основания полагать, что безопасность ребенка или его семьи находится под угрозой. (6) Ребенок - жертва торговли людьми, являющийся иностранным гражданином или лицом без граж- данства, имеет право на временную визу, гарантирующую ему право законного пребывания на территории Республики Молдова до момента, когда будет найдено решение относительно возвращения его в страну происхождения.
Статья 29. Предоставление защиты и помощи детям - жертвам торговли людьми (1) Государство обеспечивает защиту и помощь детям - жертвам торговли людьми с момента, когда поя- вились основания считать, что ребенок является жертвой торговли людьми, и до идентификации, интегра- ции и полной реабилитации ребенка независимо от его сотрудничества с властями, в соответствии с частью (4) статьи 20. (2) После установления факта, что ребенок является жертвой торговли людьми, он срочно направляется в компетентные службы по защите, оказанию помощи и реабилитации детей. (3) В целях обеспечения защиты прав ребенка Национальный комитет, органы публичного управления, в том числе правоохранительные органы, территориальные комиссии по пресечению торговли людьми, центры, неправительственные и другие компетентные организации, располагающие информацией о ребен- ке - жертве торговли людьми, обязаны незамедлительно информировать об этом органы опеки и попечи- тельства. (4) Если ребенок - жертва торговли людьми лишен родительского попечения, органы опеки и попечи- тельства незамедлительно назначают в соответствии с законом опекуна, который обеспечивает принятие всех решений в интересах ребенка, делает заявления от имени ребенка и участвует вместе с ним во всех уголовно-процессуальных и судебных процедурах до принятия решения в интересах ребенка.
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(5) Ребенку, идентифицированному как жертва торговли людьми, предоставляется 30-дневный период для обдумывания и принятия лично либо через своего законного представителя или опекуна решения сде- лать заявление против торговца людьми. (6) Дети - жертвы торговли людьми, помещенные в центры, содержатся отдельно от взрослых. (7) Дети - жертвы торговли людьми имеют право на проживание в центре на срок до 6 месяцев или в течение судебного процесса. (8) Все агентства и учреждения, деятельность которых связана с детьми - жертвами торговли людьми, должны определить специальные методы и программы идентификации таковых, их распределения, предо- ставления им защиты и помощи с соблюдением конфиденциальности информации относительно личности ребенка и его статуса жертвы торговли людьми. (9) Детям - жертвам торговли людьми обеспечивается право посещения государственных учебных за- ведений в соответствии с Законом об образовании. (10) В случае, если дети - жертвы торговли людьми остались без родительского попечения или не знают места нахождения своих родителей, им обеспечивается возможность срочного поиска семьи либо предпри- нимаются меры по оформлению опеки или попечительства в соответствии с законом. (11) Дети, пострадавшие вследствие торговли людьми, имеют право на долгосрочное попечительство и защиту до полной реабилитации. Дети, лишенные семьи, имеют право на альтернативное попечительство в детских домах семейного или обычного типа.
Глава V ОТВЕТСТВЕННОСТЬ ЗА ТОРГОВЛЮ ЛЮДЬМИ Статья 30. Ответственность за торговлю людьми (1) Лица, участвующие в организации и осуществлении деятельности по торговле людьми, привлекают- ся к уголовной ответственности, предусмотренной Уголовным кодеком. (2) Преступления, связанные с торговлей людьми, имеют как национальный, так и транснациональный характер. В случае преступлений транснационального характера применяются формы и процедуры рассле- дования и уголовного преследования, предусмотренные международным и национальным законодатель- ством для таких преступлений. (3) Согласие жертвы торговли людьми на намеренную эксплуатацию не принимается во внимание при привлечении торговцев людьми к уголовной ответственности, если использовалось любое из средств, пред- усмотренных пунктом 1) статьи 2. (4) Иностранным гражданам и лицам без гражданства, вовлеченным в торговлю людьми, запрещается въезд на территорию Республики Молдова или их визы аннулируются.
Статья 31. Ответственность юридических лиц за торговлю людьми (1) В случае выявления деятельности по торговле людьми, совершаемой посредством юридического лица, имеющего лицензию на осуществление предпринимательской деятельности, которая послужила при- крытием для совершения указанных противозаконных действий, лицензия данного юридического лица от- зывается и оно ликвидируется на основании судебного решения. (2) Юридическое лицо несет гражданско-правовую ответственность перед жертвой торговли людьми за нанесение ущерба в результате осуществления действий, указанных в части (1). (3) Привлечение к ответственности юридических лиц не исключает привлечения к ответственности фи- зических лиц, совершивших преступления, связанные с торговлей людьми.
Статья 32. Освобождение жертвы торговли людьми от ответственности за преступления, совершенные в связи с данным статусом Жертва торговли людьми освобождается в соответствии с действующим законодательством от уголов- ной, административной или гражданско-правовой ответственности за действия, совершенные ею в связи с данным статусом, если эти действия предусмотрены Уголовным кодексом, Кодексом Республики Молдова о правонарушениях или Гражданским кодексом. [Ст.32 изменена Законом N 131-XVIII от 23.12.2009, в силу 12.02.2010]
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Глава VI ВЗАИМОДЕЙСТВИЕ НА МЕЖДУНАРОДНОМ УРОВНЕ Статья 33. Взаимодействие на международном уровне Взаимодействие на международном уровне в области предупреждения и пресечения торговли людьми, предоставления защиты и помощи жертвам торговли людьми, включая их репатриацию, осуществляется на основе международных договоров, одной из сторон которых является Республика Молдова.
Статья 34. Офицеры связи (1) Настоящим законом вводится институт офицеров связи в рамках Министерства внутренних дел, а также прокуроров связи в рамках Генеральной прокуратуры, обеспечивающий взаимные консультации с офицерами связи или, по обстоятельствам, с прокурорами связи, действующими в других странах, в целях координации общих действий по выявлению, раскрытию случаев торговли людьми и уголовному преследо- ванию в таких случаях, а также по защите жертв торговли людьми и оказанию им помощи в ходе уголовного преследования. (2) Офицеры и прокуроры связи являются контактными лицами соответствующих органов с аналогич- ными организациями и учреждениями других стран для целей обмена данными о расследовании престу- плений и уголовном преследовании по преступлениям, предусмотренным настоящим законом.
Глава VII ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ Статья 35 (1) Правительству в трехмесячный срок: представить Парламенту предложения по приведению действующего законодательства в соответствие с настоящим законом; принять нормативные акты, необходимые для реализации положений настоящего закона; привести свои нормативные акты в соответствие с настоящим законом; обеспечить пересмотр и отмену министерствами и другими центральными административными орга- нами своих нормативных актов, противоречащих настоящему закону. (2) По предложению органов, ответственных за выполнение положений настоящего закона, ежегодно в за- коне о государственном бюджете должны предусматриваться необходимые финансовые средства.
ПРЕДСЕДАТЕЛЬ ПАРЛАМЕНТА Мариан ЛУПУ Кишинэу, 20 октября 2005 г. N 241-XVI.
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11. ЗАКОН об обеспечении равных возможностей для женщин и мужчин N 5-XVI от 09.02.2006 Мониторул Офичиал ал Р.Молдова N 47-50/200 от 24.03.2006
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СОДЕРЖАНИЕ
Глава I Общие положения Статья 1. Цель закона Статья 2. Основные понятия Статья 3. Субъекты правоотношений в области гендерного равенства Статья 4. Законодательная база Статья 5. Запрет дискриминации по признаку пола
Глава II Обеспечение равных возможностей для женщин и мужчин в публичной сфере Статья 6. Равный доступ к замещению публичных должностей Статья 7. Равенство возможностей в избирательной системе, в деятельности партий и других общественно-политических организаций Статья 8. Равенство возможностей в средствах массовой информации
Глава III Обеспечение равных возможностей для женщин и мужчин в социально-экономической сфере Статья 9. Равный доступ при найме на работу Статья 10. Взаимодействие работодателя с работниками и представителями профсоюзов Статья 11. Дискриминационные действия работодателя Статья 12. Равный доступ к предпринимательской деятельности
Глава IV Обеспечение равных возможностей для женщин и мужчин в сфере образования и здравоохранения Статья 13. Равный доступ к образованию Статья 14. Равный доступ к здравоохранению
Глава V Институциональный механизм обеспечения равных возможностей для женщин и мужчин Статья 15. Органы, наделенные полномочиями в области гендерного равенства Статья 16. Компетенция Парламента Статья 17. Компетенция Правительства Статья 18. Правительственная комиссия по гендерному равенству Статья 19. Компетенция отраслевых органов центрального публичного управления Статья 20. Компетенция органов местного публичного управления
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Статья 21. Парламентские адвокаты Статья 22. Гендерная статистика Статья 23. Финансирование
Глава VI Ответственность Статья 24. Ответственность за дискриминацию по признаку пола
Глава VII Заключительные положения Статья 25 Обязанности Правительства Парламент принимает настоящий органический закон.
Примечание По всему тексту закона "Министерство социальной защиты, семьи и ребенка" заменить словами "Министерство труда, социальной защиты и семьи" согласно Закону N 109 от 04.06.2010, в силу 30.07.2010 Примечание: По всему тексту Закона слова "Министерство здравоохранения и социальной защиты" заменить словами "Министерство социальной защиты, семьи и ребенка" согласно Закону N 107-XVI от 16.05.2008, в силу 20.06.2008
Глава I Общие положения Статья 1. Цель закона Целью настоящего закона является обеспечение реализации гарантированных Конституцией Республи- ки Молдова равных прав женщин и мужчин в политической, экономической, социальной, культурной и других сферах жизни для предотвращения и устранения всех форм дискриминации по признаку пола.
Статья 2. Основные понятия В настоящем законе используются следующие понятия: комплексный подход к вопросу о гендерном равенстве - включение принципа равенства женщин и муж- чин в политику и программы во всех областях и на всех уровнях принятия и выполнения решений; временные специальные меры - меры, направленные на ускорение достижения фактического равенства между женщинами и мужчинами с целью устранения и предотвращения дискриминации или невыгод, вы- текающих из существующих отношений, поведения и структур; дискриминация по признаку пола - любое различие, исключение, ограничение или предпочтение, ко- торое направлено или ведет к ограничению либо сводит на нет признание, осуществление и внедрение на основе равенства между мужчинами и женщинами прав и основных свобод человека; прямая дискриминация по признаку пола - любое действие, дискриминирующее в аналогичных ситуа- циях одно лицо по сравнению с другим лицом иного пола, в том числе в связи с беременностью, материн- ством или отцовством; косвенная дискриминация по признаку пола - любые действия, правила, критерии или практика, иден- тичные для женщин и мужчин, но с неравными последствиями или результатом для одного из полов, за исключением временных специальных мер; равные возможности - отсутствие препятствий для равного участия женщин и мужчин в политической, экономической, социальной, культурной и других сферах жизни; гендерное равенство - равенство в правах, равные возможности для реализации прав, равное участие во всех сферах жизни, равный подход к женщинам и мужчинам; гендерный - социальный аспект отношений между женщинами и мужчинами, который проявляется во всех сферах жизни; сексуальное домогательство - любое физическое, словесное или несловесное действие сексуального ха- рактера, которое унижает достоинство личности либо ведет к созданию недоброжелательной, враждебной, деструктивной, унизительной или оскорбительной обстановки;
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пол - совокупность анатомо-физиологических особенностей, разделяющих человеческий род на жен- щин и мужчин; гендерная единица - специалист, наделенный функциями по продвижению гендерного равенства в структуре, в составе которой он работает.
Статья 3. Субъекты правоотношений в области гендерного равенства Субъектами правоотношений по обеспечению гендерного равенства являются государство, юридиче- ские лица и физические лица (независимо от возраста).
Статья 4. Законодательная база (1) Правоотношения в области гендерного равенства регулируются Конституцией Республики Молдова, настоящим законом, другими нормативными актами, а также международными договорами, одной из сто- рон которых является Республика Молдова. (2) В случае несоответствия между положениями настоящего закона и положениями международных дого- воров, одной из сторон которых является Республика Молдова, приоритет отдается международным договорам.
Статья 5. Запрет дискриминации по признаку пола (1) В Республике Молдова женщины и мужчины имеют гарантированные им равные права и свободы и равные возможности для их реализации. (2) Проведение политики или совершение действия, не обеспечивающих равных возможностей женщи- нам и мужчинам, является дискриминацией и подлежит устранению в соответствии с законодательством компетентными органами публичной власти. (3) Дискриминация может быть прямой или косвенной. (4) Действия, каким-либо образом ограничивающие или исключающие равный подход к женщинам и мужчинам, являются дискриминационными и запрещаются. (5) Правовой акт, содержащий дискриминационные положения по признаку пола, объявляется компе- тентными органами недействительным. (6) Не являются дискриминационными: а) меры по обеспечению особых условий для женщин в период беременности, родов и грудного вскармливания; b) квалификационные требования по деятельности, в которой особенности пола служат решающим фактором в силу специфики условий и способов осуществления соответствующей деятельности; c) специальные объявления о найме на работу представителей одного из полов на рабочие места, где в силу природы и предусмотренных законом особых условий труда особенности пола являются решающими; d) временные специальные меры.
Глава II Обеспечение равных возможностей для женщин и мужчин в публичной сфере Статья 6. Равный доступ к замещению публичных должностей (1) В случае установления условий для замещения публичных должностей центрального и местного уровня должны обеспечиваться равные возможности для участия в конкурсе женщин и мужчин. (2) Установление каких-либо прямых или косвенных ограничений по признаку пола при объявлении, организации и допуске к конкурсу на замещение публичной должности запрещается, за изъятиями, преду- смотренными настоящим законом. (3) Руководители органов центрального и местного публичного управления, другие должностные лица обязаны обеспечить равный доступ к замещению публичных должностей в соответствии с профессиональ- ными требованиями независимо от пола претендентов. (4) Не разрешается объявление и организация конкурса только для лиц одного пола.
Статья 7. Равенство возможностей в избирательной системе, в деятельности партий и других общественно-политических организаций (1) Центральная избирательная комиссия, окружные избирательные советы, участковые избирательные бюро обеспечивают соблюдение принципа гендерного равенства в избирательной системе. (2) Партии и другие общественно-политические организации обязаны способствовать обеспечению равных прав и равных возможностей для женщин и мужчин - членов партии или организации посредством:
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а) обеспечения представительства в руководящих органах гендерного состава партии или организации; b) обеспечения представительства женщин и мужчин в списках кандидатов без дискриминации по при- знаку пола.
Статья 8. Равенство возможностей в средствах массовой информации (1) Средства массовой информации способствуют продвижению принципа гендерного равенства в обще- стве посредством подготовки программ и материалов, направленных на преодоление гендерных стереотипов. (2) Любые публичные выступления и материалы, представляющие образ женщин или мужчин в унижаю- щем их достоинство виде, признаются недопустимыми и пресекаются в соответствии с настоящим законом.
Глава III Обеспечение равных возможностей для женщин и мужчин в социально-экономической сфере Статья 9. Равный доступ при найме на работу (1) Государство гарантирует женщинам и мужчинам равные права и равные возможности, равный под- ход при трудоустройстве. (2) Работодатель осуществляет прием на работу с использованием методов, обеспечивающих равный доступ женщин и мужчин к труду, в том числе посредством временных специальных мер.
Статья 10. Взаимодействие работодателя с работниками и представителями профсоюзов (1) Работодатель совместно с работниками и представителями профсоюзов устанавливает внутренний распорядок, предупреждающий и исключающий случаи дискриминации по признаку пола в процессе труда. (2) Процедуры, необходимые для обеспечения гендерного равенства на рабочих местах, должны вклю- чаться в индивидуальные и коллективные трудовые договоры и коллективные соглашения в качестве обя- зательств работодателя и работников. (3) Для обеспечения гендерного равенства работодатель обязан: а) обеспечить всем лицам равные возможности и равный, без дискриминации по признаку пола, подход при найме на работу по профессии, в профессиональном росте и продвижении по работе; b) применять одинаковые критерии при оценке качества труда, наложении взысканий и увольнении; с) обеспечивать равную оплату за труд равной ценности; d) принимать меры по предотвращению сексуального домогательства на рабочем месте в отношении жен- щин и мужчин, а также преследования в связи с подачей в компетентный орган жалобы на дискриминацию; е) обеспечить женщинам и мужчинам равные условия для совмещения трудовой деятельности с семей- ными обязанностями; f) ввести указания о запрете дискриминации по признаку пола в положение об организации и деятель- ности структуры.
Статья 11. Дискриминационные действия работодателя (1) Являются дискриминационными следующие действия работодателя: а) размещение объявлений о найме на работу, содержащих требования и критерии, предполагающие предпочтение одного из полов, за исключением случаев, указанных в пункте с) части (6) статьи 5; b) необоснованный отказ в найме на работу лиц определенного пола; c) установление для работников в зависимости от пола более благоприятного распорядка работы, за ис- ключением случаев, предусмотренных законодательством; d) необоснованный отказ по признаку пола в доступе лица к участию в программе профессионального со- вершенствования, изменение или расторжение трудового договора либо прием на работу по тем же мотивам; е) применение в зависимости от пола различных условий оплаты труда за выполнение труда равной ценности; f) дифференцированное распределение в зависимости от пола трудовых заданий работникам с установ- лением в последующем менее благоприятного статуса; g) учинение препятствий или создание невыносимых условий лицу, подавшему в компетентный орган жалобу на дискриминацию по признаку пола; h) необоснованное запрашивание сведений о гражданском состоянии претендентов. (2) Признается необоснованным отказ в найме на работу, в возможности профессионального роста, продвижения по работе лицу определенного пола, несмотря на его соответствие установленным требова- ниям, под предлогом:
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а) необходимости представления каких-либо иных документов помимо указанных в объявлении; b) несоответствия критериям, разработанным в последний момент; с) наличия семейных обязанностей; d) несоответствия другим условиям, не имеющим ничего общего c профессиональной подготовкой, необ- ходимой для выполнения требуемой работы, за исключением случаев, указанных в пункте с) части (6) статьи 5; е) других условий, влекущих аналогичные последствия. (3) Обязанность доказать отсутствие намерения прямой или косвенной дискриминации в отношении лица, считающего себя дискриминированным, лежит на работодателе. (4) Лицо, считающее себя дискриминированным тем, что работодатель принял на работу, повысил в должности или предоставил льготы другому лицу по признаку пола либо совершил иные дискриминацион- ные действия, вправе потребовать обоснования принятого решения в письменном виде. (5) Работодатель обязан дать ответ на требование лица, считающего себя дискриминированным, в те- чение 30 дней с момента подачи заявления. В противном случае лицо вправе подать иск в соответствии с законодательством.
Статья 12. Равный доступ к предпринимательской деятельности Государство обеспечивает женщинам и мужчинам равные возможности для осуществления предпри- нимательской деятельности.
Глава IV Обеспечение равных возможностей для женщин и мужчин в сфере образования и здравоохранения Статья 13. Равный доступ к образованию (1) Учебно-воспитательные учреждения обеспечивают гендерное равенство: а) посредством доступа к воспитанию и/или образованию; b) в процессе воспитания и/или образования, включая оценку приобретенных знаний; с) в педагогической и научно-педагогической деятельности; d) посредством разработки дидактических материалов и учебных программ в соответствии с принци- пом гендерного равенства; e) посредством включения гендерного воспитания в систему воспитания в качестве неотъемлемой ее части; f) посредством воспитания девочек и мальчиков в духе партнерства и взаимного уважения. (2) Учебно-воспитательные учреждения не могут устанавливать критерии приема в них, основанные на прямых или косвенных ограничениях по признаку пола, за исключением случаев, установленных настоящим законом. (3) В отступление от положений части (2) государство через учебно-воспитательные учреждения предпри- нимает временные специальные меры для реализации сбалансированного представительства женщин и муж- чин в специфических профессиях, в которых наблюдается превышение представительства одного из полов. (4) Действие настоящей статьи распространяется также на учебно-воспитательные учреждения силовых структур.
Статья 14. Равный доступ к здравоохранению Запрещается любая форма дискриминации по признаку пола в том, что касается доступа женщин и мужчин к медицинским услугам всех уровней и к программам предупреждения заболеваний и укрепления здоровья.
Глава V Институциональный механизм обеспечения равных возможностей для женщин и мужчин Статья 15. Органы, наделенные полномочиями в области гендерного равенства Полномочиями в области гендерного равенства наделяются: a) Парламент; b) Правительство; c) Правительственная комиссия по гендерному равенству; d) Министерство труда, социальной защиты и семьи (специализированный орган); e) министерства и другие центральные административные органы (гендерные единицы); f) органы местного публичного управления (гендерные единицы).
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Статья 16. Компетенция Парламента В компетенцию Парламента входит: a) формирование законодательной базы, обеспечивающей гендерное равенство во всех сферах; b) мониторинг внедрения принципа гендерного равенства по всем направлениям и на всех уровнях го- сударственной политики; c) заслушивание в соответствии с законодательством докладов Правительства и парламентских адвока- тов о положении дел в данной области.
Статья 17. Компетенция Правительства В целях обеспечения комплексного подхода к вопросу о гендерном равенстве Правительство: a) обеспечивает внедрение принципа гендерного равенства в политику, стратегии, программы, норма- тивные акты и распределение финансовых средств; b) утверждает национальные планы и программы по гендерному равенству и осуществляет мониторинг их реализации; c) периодически в соответствии с законодательством представляет Парламенту доклады о положении дел и деятельности в данной области.
Статья 18. Правительственная комиссия по гендерному равенству Правительственная комиссия по гендерному равенству является консультативным органом, созданным при Правительстве и действующим в соответствии с утвержденным Правительством положением о ней, и осуществляет следующие полномочия: a) продвижение гендерного равенства и комплексного подхода к вопросу о гендерном равенстве; b) координация деятельности органов центрального и местного публичного управления по вопросам гендерного равенства; c) развитие сотрудничества между государственными структурами и гражданским обществом по во- просам гендерного равенства.
Статья 19. Компетенция отраслевых органов центрального публичного управления (1) Органом центрального публичного управления, наделенным полномочиями по разработке и проведе- нию политики гендерного равенства, является Министерство труда, социальной защиты и семьи. (2) В рамках Министерства труда, социальной защиты и семьи указанные в части (1) функции возлага- ются на специализированный орган, в компетенцию которого входит: a) разработка проектов нормативных актов и дача заключений на них на основе принципа гендерного равен- ства, предложение поправок к нормативным актам с целью приведения их в соответствие с настоящим законом; b) координация и мониторинг внедрения международных договоров на национальном уровне; c) представление предложений о внедрении принципа гендерного равенства в стратегии, программы и распределение финансовых средств, представление отчетов о положении дел в данной области; d) разработка и координация внедрения программ, организация кампаний в средствах массовой инфор- мации, исследований и другой деятельности в области гендерного равенства; e) координация деятельности гендерных единиц; f) сотрудничество с неправительственными организациями и фондами, профсоюзами и патронатом, международными организациями, способствующими внедрению гендерного равенства; g) осуществление в соответствии с законодательством других обязанностей в данной области. (3) В составе отраслевых органов центрального публичного управления имеются гендерные единицы. (4) На гендерную единицу возлагаются следующие обязанности: a) осуществление мониторинга соблюдения законодательства в области гендерного равенства в органах центрального публичного управления; b) представление предложений о внедрении принципа гендерного равенства в политику и программы деятельности органов центрального публичного управления; c) рассмотрение петиций юридических и физических лиц по поводу случаев дискриминации по при- знаку пола; d) периодическое представление отчетов о деятельности в области гендерного равенства специализиро- ванным органам; e) осуществление в соответствии с законодательством других обязанностей в данной области.
Статья 20. Компетенция органов местного публичного управления (1) В компетенцию органов местного публичного управления входит: a) обеспечение внедрения принципа гендерного равенства в политику, программы, нормативные акты, распределение финансовых средств на местном уровне;
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b) осуществление мониторинга внедрения программ, организация информационных кампаний, иссле- дований и другой деятельности по гендерному равенству на местном уровне; c) сотрудничество с неправительственными организациями и фондами, профсоюзами и патронатом, международными организациями, способствующими внедрению гендерного равенства; d) осуществление в соответствии с законодательством других обязанностей в данной области. (2) В составе органов местного публичного управления (органов социального обеспечения) имеются гендерные единицы. (3) На гендерную единицу возлагаются следующие обязанности: a) представление предложений о внедрении принципа гендерного равенства в политику, программы и норма- тивные акты органов местного публичного управления, бюджеты административно-территориальных единиц; b) сотрудничество с неправительственными и другими организациями по вопросам гендерного равенства; c) рассмотрение петиций юридических и физических лиц по поводу случаев дискриминации по при- знаку пола; d) осуществление мониторинга деятельности органов местного публичного управления по гендерному равенству; e) периодическое представление отчетов о выполненной работе органам местного публичного управления; f) осуществление в соответствии с законодательством других обязанностей в данной области.
Статья 21. Парламентские адвокаты Парламентские адвокаты обеспечивают в соответствии с законодательством гарантии и соблюдение гендерного равенства как составной части конституционных прав и свобод человека.
Статья 22. Гендерная статистика (1) Национальное бюро статистики осуществляет сбор, обработку и обобщение статистических данных с разбивкой по полу. (2) Органы центрального и местного публичного управления, партии и другие общественно-политические организации, юридические лица и физические лица, осуществляющие предпринимательскую деятельность, представляют в Национальное бюро статистики необходимую информацию с разбивкой по полу.
Статья 23. Финансирование (1) Органы публичной власти, на которые возложена реализация настоящего закона, финансируются за счет средств государственного бюджета и бюджетов административно-территориальных единиц в пределах ежегодно планируемых финансовых средств. (2) Деятельность в области гендерного равенства может финансироваться и из других не запрещенных законом источников.
Глава VI Ответственность Статья 24. Ответственность за дискриминацию по признаку пола (1) Лица, подвергшиеся дискриминации по признаку пола, указанной в настоящем законе, имеют право на возмещение ущерба в установленном законодательством порядке. (2) За нарушение требований законодательства, касающихся гендерного равенства, субъекты правоот- ношений, совершившие дискриминационные действия по признаку пола, несут ответственность в соот- ветствии с законодательством.
Глава VII Заключительные положения Статья 25 Правительству в шестимесячный срок: a) представить Парламенту предложения по приведению действующего законодательства в соответ- ствие с настоящим законом; b) разработать и утвердить нормативные акты, необходимые для реализации настоящего закона.
ПРЕДСЕДАТЕЛЬ ПАРЛАМЕНТА Мариан ЛУПУ Кишинэу, 9 февраля 2006 г. N 5-XVI.
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12. ЗАКОН о трансплантации органов, тканей и клеток человека N 42-XVI от 06.03.2008*
СОДЕРЖАНИЕ
Глава I. ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Предмет регулирования Статья 2. Основные понятия Статья 3. Основные принципы в области трансплантации
Глава II. ОРГАНИЗАЦИЯ ДЕЯТЕЛЬНОСТИ В ОБЛАСТИ ТРАНСПЛАНТАЦИИ Статья 4. Агентство по трансплантации Статья 5. Порядок распределения органов, тканей и клеток Статья 6. Контроль качества Статья 7. Выявление, сообщение и исследование побочных эффектов трансплантации
Глава III. РАЗРЕШЕНИЕ ДЕЯТЕЛЬНОСТИ ПО ИЗЪЯТИЮ И ТРАНСПЛАНТАЦИИ ОРГАНОВ, ТКАНЕЙ И КЛЕТОК Статья 8. Деятельность по трансплантации Статья 9. Разрешение изъятия и трансплантации
Глава IV. ИЗЪЯТИЕ ОРГАНОВ, ТКАНЕЙ И КЛЕТОК У ТРУПА Статья 10. Условия изъятия у трупа Статья 11. Порядок констатации смерти Статья 12. Медицинский персонал, констатирующий смерть Статья 13. Согласие на донорство Статья 14. Уважение к человеческому телу
Глава V. УСЛОВИЯ ИЗЪЯТИЯ ОРГАНОВ, ТКАНЕЙ И КЛЕТОК У ЖИВОГО ДОНОРА. ПОЛНОМОЧИЯ НЕЗАВИСИМОЙ КОМИССИИ ПО ВЫДАЧЕ ЗАКЛЮЧЕНИЙ Статья 15. Условия изъятия у живого донора Статья 16. Условия трансплантации Статья 17. Независимая комиссия по выдаче заключений Статья 18. Полномочия Независимой комиссии по выдаче заключений Статья 19. Защита лиц, не способных дать согласие на изъятие органов, тканей или клеток Статья 20. Разрешение донорства от живого донора
Глава VI. ПОДБОР ДОНОРОВ И ХРАНЕНИЕ ТКАНЕЙ И КЛЕТОК Статья 21. Подбор и обследование доноров Статья 22. Хранение, распределение и использование тканей и клеток
* Мониторул Офичиал N 81/273 от 25.04.2008
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Глава VII. КОДИРОВАНИЕ ИНФОРМАЦИИ И ПРОСЛЕЖИВАЕМОСТЬ. ОБЕСПЕЧЕНИЕ ПРАВА ДОНОРОВ И РЕЦИПИЕНТОВ НА ИНФОРМИРОВАНИЕ Статья 23. Кодирование информации и прослеживаемость Статья 24. Предоставление информации о донорстве и трансплантации органов, тканей и клеток Статья 25. Конфиденциальность информации Статья 26. Особые случаи сообщения информации
Глава VIII. ЗАПРЕЩЕНИЕ ИЗВЛЕЧЕНИЯ ВЫГОДЫ Статья 27. Запрещение извлечения финансовой выгоды Статья 28. Запрещение торговли органами, тканями и клетками человека
Глава IХ. ФИНАНСИРОВАНИЕ ДЕЯТЕЛЬНОСТИ В ОБЛАСТИ ТРАНСПЛАНТАЦИИ Статья 29. Порядок финансирования Статья 30. Прозрачность финансирования
Глава Х. ЮРИДИЧЕСКАЯ ОТВЕТСТВЕННОСТЬ И РАЗРЕШЕНИЕ СПОРОВ Статья 31. Ответственность медицинских учреждений и персонала Статья 32. Разрешение споров
Глава XI. ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ Статья 33. Обязанности Правительства Статья 34. Вступление в силу. Признание утратившими силу
В целях обеспечения защиты прав доноров и получателей органов, тканей и клеток человека, облегче- ния процесса трансплантации, содействия спасению человеческой жизни или значительному улучшению ее качества, а также в целях пресечения торговли частями человеческого тела, на основании статьи 36 Консти- туции Республики Молдова Парламент принимает настоящий органический закон.
Глава I. ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Предмет регулирования Настоящий закон составляет правовую базу регулирования трансплантации всех органов, тканей и кле- ток человека, кроме репродуктивных органов, эмбриональных и фетальных тканей, клеток и органов, крови и ее компонентов.
Статья 2. Основные понятия В целях настоящего закона определяются следующие понятия: орган – жизненно важная отдельная часть человеческого тела, сформированная из различных тканей, которые поддерживают ее структуру, васкуляризацию и выполняют физиологические функции со значи- тельной степенью автономии; ткани – все части (анатомические образования) человеческого тела, сформированные из клеток; клетки – отдельные клетки или конгломерат клеток, не связанные каким бы то ни было видом ткани; изъятие – процедура, посредством которой донорские органы, ткани или клетки становятся пригодны- ми для трансплантации;
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трансплантация – медицинская деятельность с целью восстановления функции человеческого организ- ма путем пересадки органов, тканей и клеток от донора реципиенту. Трансплантация может производиться от одного лица другому (аллогенная) или собственными клетками, тканями и органами (аутогенная); донор – живой или умерший человек, у которого изымаются органы, ткани и/или клетки в лечебных целях; реципиент – лицо, которому производится пересадка органов, и/или тканей, и/или клеток человека; банк тканей – специализированное подразделение больницы или учреждение, осуществляющее дея- тельность по обработке, консервации, хранению и распределению тканей и клеток человека.
Статья 3. Основные принципы в области трансплантации Основными принципами в области трансплантации являются: a) защита достоинства и индивидуальности человека и гарантия каждому без исключения соблюдения целостности и прочих прав и основных свобод в связи с трансплантацией органов, тканей и клеток; b) лечебная польза для реципиента при целесообразности пересадки органов, тканей и клеток от живо- го донора или трупа исключительно в случае, если нет альтернативных лечебных методов с сопоставимой эффективностью; c) обеспечение качества путем соблюдения профессиональных стандартов и обязательств при любом вмешательстве в области трансплантации органов, тканей и клеток; d) прослеживаемость посредством обеспечения идентификации подлежащих пересадке органов, тканей и клеток – в процессе их изъятия, хранения и распределения – от донора реципиенту и наоборот; e) защита прав и свобод личности и предупреждение торговли частями человеческого тела; f) справедливый доступ пациентов к трансплантационным услугам.
Глава II. ОРГАНИЗАЦИЯ ДЕЯТЕЛЬНОСТИ В ОБЛАСТИ ТРАНСПЛАНТАЦИИ Статья 4. Агентство по трансплантации (1) Агентство по трансплантации (далее – Агентство) является публичным учреждением со статусом юридического лица, подведомственным Министерству здравоохранения, реализующим национальные по- литику и программы трансплантации органов, тканей и клеток человека, обеспечивая пациентам равный доступ к трансплантационным услугам. Агентство ответствено за организацию всей деятельности в обла- сти трансплантации на национальном уровне и надзор за нею, включая: a) донорство и изъятие органов, тканей и клеток; b) составление и ведение листов ожидания реципиентов; c) составление и ведение Регистра доноров органов; d) распределение органов, тканей или клеток; e) обмен и транспортировка органов, тканей и клеток на национальном и международном уровнях; f) отбор учреждений и бригад трансплантации; g) обеспечение внедрения стандартов качества и безопасности органов, тканей и клеток; h) обеспечение прослеживаемости всех органов, тканей и клеток; i) мониторинг и контроль результатов трансплантации; j) подготовка медицинского персонала и информирование общественности о проблемах трансплантации. (2) Положение об организации и функционировании Агентства, его структура и предельная числен- ность утверждаются Правительством.
Статья 5. Порядок распределения органов, тканей и клеток (1) Органы, ткани и клетки распределяются пациентам согласно листу ожидания в соответствии с правила- ми распределения, утвержденными приказом министра здравоохранения. (2) В случае отсутствия в списках совместимого реципиента Агентство разрешает передачу органа, тка- ней, клеток другому признанному на национальном или международном уровне учреждению транспланта- ции, с которым оно заключило двусторонние соглашения. (3) Агентство обладает исключительным правом разрешать импорт органов, тканей и клеток для трансплан- тации и принимает все возможные меры, чтобы они соответствовали стандартам качества и безопасности.
Статья 6. Контроль качества (1) Агентство устанавливает и поддерживает систему контроля качества и тестирования всех видов до- норства, изъятия, консервирования, тестирования, хранения и распределения с целью обеспечения каче- ства и безопасности органов, тканей и клеток, используемых для трансплантации. Меры контроля и поря- док инспекции утверждаются Агентством.
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(2) В целях обеспечения качества и безопасности органов, тканей и клеток, подлежащих изъятию и транс- плантации, Агентство вправе организовывать инспектирование и применять адекватные меры контроля за: a) деятельностью банков тканей, включая процедуры и действия, осуществляемые ими в соответствии с настоящим законом; b) документами или иными записями, производимыми в соответствии с настоящим законом; c) случаями серьезных побочных реакций и эффектов. (3) Инспектирование проводится по мере необходимости, но не реже одного раза в год.
Статья 7. Выявление, сообщение и исследование побочных эффектов трансплантации (1) Агентство устанавливает систему выявления, сообщения и исследования серьезных побочных эф- фектов трансплантации. Информация о случаях побочных эффектов должна доводиться до всех задейство- ванных в трансплантации врачей-специалистов, а также учреждений трансплантации. (2) Лица и учреждения, имеющие разрешение на трансплантацию, обязаны незамедлительно сообщать Агентству о выявленных случаях побочных эффектов после трансплантации.
Глава III. РАЗРЕШЕНИЕ ДЕЯТЕЛЬНОСТИ ПО ИЗЪЯТИЮ И ТРАНСПЛАНТАЦИИ ОРГАНОВ, ТКАНЕЙ И КЛЕТОК Статья 8. Деятельность по трансплантации Любая деятельность по трансплантации должна осуществляться на самом высоком профессиональном уровне и в соответствии с этическими стандартами.
Статья 9. Разрешение изъятия и трансплантации (1) Изъятие и консервирование органов, тканей и клеток для трансплантации производятся исключитель- но в публичных учреждениях здравоохранения, получивших по представлению Агентства разрешение Мини- стерства здравоохранения. Критерии получения разрешения утверждаются Правительством. (2) Право изъятия органов, тканей и клеток для трансплантации имеют лишь врачи, получившие по представле- нию Агентства разрешение Министерства здравоохранения согласно критериям, утвержденным Правительством. (3) Трансплантация органов, тканей и клеток разрешается только в публичных учреждениях здравоох- ранения, получивших по представлению Агентства разрешение Министерства здравоохранения. Критерии получения разрешения утверждаются Правительством. (4) Учреждения здравоохранения, имеющие разрешение производить изъятие и трансплантацию ор- ганов, тканей и клеток, обязаны представлять отчеты о соответствующей деятельности в установленном Министерством здравоохранения порядке.
Глава IV. ИЗЪЯТИЕ ОРГАНОВ, ТКАНЕЙ И КЛЕТОК У ТРУПА
Статья 10. Условия изъятия у трупа Органы, ткани и клетки могут быть изъяты у умершего лица лишь в случае констатации смерти согласно критериям, установленным Министерством здравоохранения.
Статья 11. Порядок констатации смерти В случае появления потенциального донора необходима констатация смерти до начала законной про- цедуры донорства. Смерть должна быть констатирована одним из следующих способов: a) в случае полной и необратимой сердечно-дыхательной остановки у человека с нормальной или близ- кой к нормальной температурой смерть констатируется при проведении в течение не менее пяти минут всех реанимационных мероприятий, на протяжении которых все тесты однозначно показывают отсутствие кровоснабжения мозга и жизненно важных органов; b) у лица с необратимыми изменениями в жизненно важных центрах мозга при искусственной поддерж- ке сердечно-дыхательной функции смерть констатируется специальными тестами (критериями), утверж- денными Министерством здравоохранения.
Статья 12. Медицинский персонал, констатирующий смерть Врачи, констатирующие смерть потенциального донора, должны быть иными, нежели врачи, которые непосредственно участвуют в изъятии какого-либо органа, ткани или клетки у умершего лица, участвуют в последующих процедурах трансплантации или несут ответственность за потенциального реципиента.
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Статья 13. Согласие на донорство (1) Изъятие возможно в случае наличия предсмертного согласия умирающего, выраженного в соответ- ствии с законом. (2) Не допускается изъятие ни в какой форме, если при жизни умершее лицо выразило возражение против донорства посредством собственноручно написанного или иного законно составленного акта отказа. (3) При отсутствии согласия донорство возможно, если не имеется письменного возражения против донорства со стороны хотя бы одного из совершеннолетних членов семьи, других родственников первой степени родства или законного представителя умершего. (4) Донорство возможно без согласия близких родственников или законного представителя, если после законной констатации смерти никто из близких родственников или законный представитель не обратились с целью выражения мнения в отношении донорства, а сведения о близких родственниках или законном представителе умершего отсутствуют. (5) Изъятие органов, тканей и клеток у трупа в судебно-медицинских случаях производится с согласия судебно-медицинского эксперта при условии, что это не повлияет на результаты вскрытия.
Статья 14. Уважение к человеческому телу Врачи, осуществившие изъятие органов, тканей и клеток у умершего, производят реставрацию трупа и его лица с применением специальных методов и средств, в том числе при необходимости хирургических, с целью придания достойного вида телу умершего.
Глава V. УСЛОВИЯ ИЗЪЯТИЯ ОРГАНОВ, ТКАНЕЙ И КЛЕТОК У ЖИВОГО ДОНОРА. ПОЛНОМОЧИЯ НЕЗАВИСИМОЙ КОМИССИИ ПО ВЫДАЧЕ ЗАКЛЮЧЕНИЙ Статья 15. Условия изъятия у живого донора (1) Изъятие органов, тканей и клеток у живого донора разрешается лишь при условии отсутствия под- ходящего органа, ткани или клетки, полученных от трупа. (2) Изъятие органов, тканей и клеток может быть осуществлено у живого донора, обладающего полной дееспособностью, лишь при наличии его предварительно выраженного, свободного и определенного пись- менного согласия и разрешения Независимой комиссии по выдаче заключений. (3) Соответствующее согласие подписывается донором только после его информирования врачом о воз- можных рисках и последствиях физического, психического, семейного и профессионального характера, проистекающих из изъятия. (4) Согласие на донорство выражается в соответствии с законодательством о правах и обязанностях пациен- та и составляется в виде информированного согласия по утвержденному Правительством образцу.
Статья 16. Условия трансплантации (1) Трансплантация осуществляется исключительно с лечебной целью, если нет альтернативных лечеб- ных методов с сопоставимой эффективностью. Трансплантация производится с письменного согласия ре- ципиента, данного им после получения информации о возможных рисках и последствиях. (2) В случае несовершеннолетних или недееспособных лиц согласие на трансплантацию дают их роди- тели или законный представитель. (3) В случае, если в силу объективных обстоятельств реципиент не в состоянии выразить в письменной фор- ме свое согласие на трансплантацию, а промедление может привести к неминуемой смерти и нет возможности своевременно связаться с его семьей, трансплантация производится без согласия реципиента.
Статья 17. Независимая комиссия по выдаче заключений (1) Изъятие органов, тканей и клеток у живого донора производится при обязательном наличии разре- шения Независимой комиссии по выдаче заключений. (2) Независимая комиссия по выдаче заключений создается при Министерстве здравоохранения и дей- ствует согласно положению, утвержденному Правительством. (3) Независимая комиссия по выдаче заключений состоит из представителей экспертного совета Мини- стерства здравоохранения, психолога, врача-психиатра, представителя Комитета по этике, представителя Министерства внутренних дел – специалиста по вопросам пресечения торговли людьми, представителя Ге- неральной прокуратуры. В состав комиссии не могут включаться лица, вовлеченные в деятельность Агент- ства. Персональный состав комиссии утверждается Правительством.
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Cтатья 18. Полномочия Независимой комиссии по выдаче заключений (1) Независимая комиссия по выдаче заключений проверяет соблюдение прав пациентов, предусмо- тренных законодательством о правах и обязанностях пациента, определяет обоснованность осуществления процедуры изъятия, а также оценивает законность и мотивацию донорства, удостоверяясь, что донор: a) информирован о характере процедуры, возможных рисках и последствиях; b) осознает процедуру и возможные риски; c) информирован о незаконности получения финансового вознаграждения за донорство и о праве на компенсацию за любой вред (ущерб), который может повлечь процедура донорства, с учетом подлежащих возмещению расходов или потерь; d) не принуждается в какой бы то ни было форме к донорству органов, тканей или клеток; e) сознает, что может беспрепятственно отозвать свое согласие до начала процедуры донорства. (2) Независимая комиссия по выдаче заключений проверяет и определяет, действительно ли реципиент: a) осознает характер и риск как процедуры изъятия у донора, так и процедуры трансплантации; b) информирован о незаконности предложения поощрения за донорство либо принуждения – путем применения насилия или угрозы применения такового – к донорству органов, тканей или клеток для транс- плантации или иных целей; c) информирован о том, что донор может в любой момент беспрепятственно отозвать свое согласие на донорство. (3) Независимая комиссия по выдаче заключений проверяет, действительно ли донорство осуществля- ется в гуманных целях, носит альтруистский характер и не является ли оно объектом материальной сделки.
Статья 19. Защита лиц, не способных дать согласие на изъятие органов, тканей или клеток (1) Изъятие органов, тканей или клеток не может быть осуществлено у лица, не способного дать на это согласие; исключение составляет изъятие регенеративных тканей или клеток. В этом случае изъятие воз- можно с разрешения Независимой комиссии по выдаче заключений при наличии согласия законных пред- ставителей донора или органа опеки и попечительства при условии, что донорство осуществляется в инте- ресах лица, состоящего с ним в первой степени родства (для несовершеннолетнего донора это брат, сестра), и данная процедура представляет минимальный риск для донора. (2) Изъятие регенеративных тканей или клеток у несовершеннолетнего может быть осуществлено только с согласия органа опеки и попечительства или каждого из законных представителей несовершеннолетнего. (3) Отказ несовершеннолетнего, выраженный в письменной, устной или любой иной форме, препят- ствует любому изъятию.
Статья 20. Разрешение донорства от живого донора Разрешение на донорство от живого донора выдается Независимой комиссией по выдаче заключений, если предполагаемое донорство соответствует законным основаниям процедуры и приемлемо с точки зрения этики.
Глава VI. ПОДБОР ДОНОРОВ И ХРАНЕНИЕ ТКАНЕЙ И КЛЕТОК Статья 21. Подбор и обследование доноров (1) Все доноры, отобранные для изъятия, подлежат в обязательном порядке клиническому и лаборатор- ному обследованию с целью исключения передачи реципиенту инфекционного заболевания, возможного заражения или иного риска для него. (2) Разрешение на изъятие органов, тканей и клеток выдается лишь после обследования и тестирования до- нора на наличие контагиозных заболеваний в соответствии с международными стандартами в данной области.
Статья 22. Хранение, распределение и использование тканей и клеток (1) Ткани и клетки, не использованные для трансплантации сразу же после их изъятия, подлежат обра- ботке, консервации, сохранению и передаче банкам тканей, имеющим разрешение Агентства. Банк тканей несет ответственность за законность получения и проверку тканей и клеток. (2) Импорт и экспорт тканей и клеток могут осуществляться только банками тканей, имеющими раз- решение Агентства. (3) Все банки тканей, имеющие разрешение, осуществляют деятельность согласно международным стан- дартам и подлежат инспектированию не реже одного раза в два года. (4) Для трансплантации могут использоваться ткани и клетки, полученные от имеющих разрешение банков тканей, в том числе импортированные.
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Глава VII. КОДИРОВАНИЕ ИНФОРМАЦИИ И ПРОСЛЕЖИВАЕМОСТЬ. ОБЕСПЕЧЕНИЕ ПРАВА ДОНОРОВ И РЕЦИПИЕНТОВ НА ИНФОРМИРОВАНИЕ Статья 23. Кодирование информации и прослеживаемость (1) Для обеспечения прослеживаемости всех тканей и клеток Агентство создает единую систему коди- рования, поставляющую информацию об основных характеристиках и свойствах тканей и клеток. Тре- бование прослеживаемости применяется и ко всем релевантным данным о продуктах и материалах, на- ходящихся в контакте с этими тканями и клетками. (2) Агентство обеспечивает создание системы идентификации донора, предполагающей кодирование каждого донорства и каждого связанного с ним продукта. (3) Идентификация тканей и клеток производится посредством этикетки, содержащей информацию или данные, позволяющие установить связь со сведениями о процедурах получения тканей и/или клеток, о по- ступлении их в банк тканей, а также их обработке, хранении и распределении. (4) Банки тканей хранят сведения, необходимые для обеспечения прослеживаемости на всех этапах. Сведения, необходимые для полной прослеживаемости, хранятся в течение не менее 30 лет после клиниче- ского использования. Сведения могут храниться и в электронной форме. (5) Требования прослеживаемости для тканей и клеток, а также для продуктов и материалов, входящих в контакт с ними и влияющих на их качество и безопасность, устанавливаются Агентством.
Статья 24. Предоставление информации о донорстве и трансплантации органов, тканей и клеток (1) Врачи-специалисты, имеющие разрешение на изъятие или трансплантацию органов, тканей или кле- ток, обязаны предоставить в доступной форме точную информацию донору и реципиенту или их родствен- никам первой степени родства. (2) Близкие родственники умершего донора должны быть информированы о необходимости проведе- ния тестирования на донорскую совместимость, а также о последствиях тестирования. (3) Живые доноры должны быть информированы о необходимости тестирования для установления до- норской совместимости, о целях и способах изъятия, а также о возможных рисках и последствиях. (4) Реципиенту должна быть предоставлена вся информация о процедуре пересадки, а также о возмож- ных рисках и последствиях.
Статья 25. Конфиденциальность информации (1) Все данные личного характера, включая генетические, касающиеся лица, у которого были изъяты органы, ткани или клетки, а также данные личного характера реципиента, собранные в результате деятель- ности, предусмотренной настоящим законом, являются конфиденциальными. (2) Такие данные могут быть собраны, обработаны и переданы только согласно правилам о конфиденци- альности информации, связанной с врачебной тайной, и о защите персональных данных. (3) Разрешаются сбор, обработка и передача медицинской информации о донорах или реципиентах в медицинских целях и в целях обеспечения прослеживаемости.
Статья 26. Особые случаи сообщения информации Информация о доноре может быть сообщена реципиенту, а информация о реципиенте – донору лишь при обоюдном согласии сторон.
Глава VIII. ЗАПРЕЩЕНИЕ ИЗВЛЕЧЕНИЯ ВЫГОДЫ Статья 27. Запрещение извлечения финансовой выгоды (1) Запрещается извлечение финансовой выгоды от донорства органов, тканей и клеток человека. (2) Донор может получить вознаграждение, строго ограниченное покрытием расходов и неудобств, в частности: a) возмещение потерь доходов и других обоснованных расходов живых доноров, вызванных донорством или связанными с ним медицинскими обследованиями; b) выплату обоснованных расходов на законные медицинские или технические услуги, связанные с донорством. (3) Донорство и трансплантация органов, тканей или клеток не могут быть объектом материальной сделки. (4) Запрещена пропаганда необходимости трансплантации органов, тканей и/или клеток с целью предложе- ния или получения финансовой выгоды или соответствующих преимуществ.
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Статья 28. Запрещение торговли органами, тканями и клетками человека (1) Запрещены торговля органами, тканями и клетками человека, а также получение финансовой выгоды или преимуществ от торговли телом человека и его частями. (2) Торговля органами, тканями и клетками человека является преступлением и преследуется в соответ- ствии с уголовным законодательством.
Глава IХ. ФИНАНСИРОВАНИЕ ДЕЯТЕЛЬНОСТИ В ОБЛАСТИ ТРАНСПЛАНТАЦИИ Статья 29. Порядок финансирования (1) Финансирование Агентства осуществляется из государственного бюджета. (2) Стоимость пересадки, исследований, госпитализации, хирургического вмешательства, медикаментоз- ного лечения, санитарно-гигиенических материалов, послеоперационного ухода, а также любые иные рас- ходы, относящиеся к трансплантации, могут покрываться: a) из фондов Национальной компании медицинского страхования; b) из государственного бюджета; c) за счет платежей (сборов) за медицинские услуги, возлагаемых в соответствии с законом на пациентов; d) за счет пожертвований благотворительных организаций и других юридических лиц, а также частных лиц, не связанных непосредственно с определенной трансплантацией.
Статья 30. Прозрачность финансирования Министерство здравоохранения и Национальная компания медицинского страхования обеспечивают прозрачную систему сбора, учета и расходования денежных средств, предназначенных для трансплантации.
Глава Х. ЮРИДИЧЕСКАЯ ОТВЕТСТВЕННОСТЬ И РАЗРЕШЕНИЕ СПОРОВ Статья 31. Ответственность медицинских учреждений и персонала (1) В случае причинения здоровью донора или реципиента вреда, связанного с несоблюдением стандар- тов, а также нарушением предусмотренных законом условий и порядка изъятия и трансплантации органов, тканей и/или клеток, соответствующее медицинское учреждение несет ответственность перед указанными лицами в соответствии с законом. (2) В случае несоблюдения требований настоящего закона и иных нормативных актов врачи и другие лица, вовлеченные в процесс выдачи разрешений, дачи заключений, донорства и трансплантации органов, тканей и клеток человека, несут ответственность согласно закону.
Статья 32. Разрешение споров Споры, возникающие в процессе применения настоящего закона, разрешаются в предусмотренном за- конодательством порядке.
Глава XI. ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ Статья 33. Правительству в шестимесячный срок со дня вступления в силу настоящего закона: a) принять нормативные акты, необходимые для исполнения настоящего закона и обеспечения деятель- ности Агентства; b) привести свои нормативные акты в соответствие с положениями настоящего закона.
Статья 34. (1) Настоящий закон вступает в силу по истечении шести месяцев со дня опубликования. (2) Со дня вступления в силу настоящего закона признать утратившим силу Закон о трансплантации органов и тканей человека № 473-XIV от 25 июня 1999 года.
Председатель парламента Мариан ЛУПУ Кишинэу, 6 марта 2008 г. № 42-XVI.
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13. ЗАКОН о защите свидетелей и других участников уголовного процесса N 105-XVI от 16.05.2008*
СОДЕРЖАНИЕ
Глава I. ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Сфера регулирования Статья 2. Основные понятия Статья 3. Основания для применения мер защиты в отношении лиц, участвующих в уголовном процессе Статья 4. Защита информации
Глава II. ОРГАНЫ, НАДЕЛЕННЫЕ ФУНКЦИЯМИ ПО ЗАЩИТЕ СВИДЕТЕЛЕЙ И ДРУГИХ УЧАСТНИКОВ УГОЛОВНОГО ПРОЦЕССА Статья 5. Уполномоченный орган по защите свидетелей Статья 6. Функции уполномоченного органа Статья 7. Функции органа уголовного преследования Статья 8. Функции прокурора Статья 9. Функции администрации места заключения
Глава III. ЗАЩИЩАЕМЫЕ ЛИЦА Статья 10. Лица, имеющие право на защиту Статья 11. Права защищаемого лица Статья 12. Обязанности защищаемого лица
Глава IV. НЕОТЛОЖНЫЕ МЕРЫ, МЕРЫ ЗАЩИТЫ И МЕРЫ ПО ОКАЗАНИЮ ПОМОЩИ Статья 13. Неотложные меры Статья 14. Меры защиты Статья 15. Защита идентификационных данных защищаемого лица Статья 16. Допрос лица с применением специальных способов Статья 17. Изменение места жительства, места работы или учебы Статья 18. Изменение личности, изменение внешности Статья 19. Установка системы охранной сигнализации Статья 20. Изменение номера телефона Статья 21. Обеспечение защиты имущества Статья 22. Меры по оказанию помощи
Глава V. ПРОГРАММА ЗАЩИТЫ Статья 23. Условия включения в программу защиты Статья 24. Инициирование процедуры включения в программу защиты Статья 25. Решение о применении мер защиты Статья 26. Решение уполномоченного органа Статья 27. Соглашение о защите Статья 28. Программа защиты Статья 29. Отмена программы защиты
* Мониторул Офичиал N 112-114/434 от 27.06.2008
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Глава VI. КОНТРОЛЬ ЗА ОСУЩЕСТВЛЕНИЕМ МЕР ЗАЩИТЫ Статья 30. Контроль, осуществляемый прокурором Статья 31. Контроль, осуществляемый судьей по уголовному преследованию
Глава VII. НАЦИОНАЛЬНОЕ И МЕЖДУНАРОДНОЕ СОТРУДНИЧЕСТВО Статья 32. Национальное сотрудничество Статья 33. Международное сотрудничество
Глава VIII. ФИНАНСОВОЕ ОБЕСПЕЧЕНИЕ ДЕЯТЕЛЬНОСТИ ПО ЗАЩИТЕ СВИДЕТЕЛЕЙ Статья 34. Расходы
Глава IX. ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ Статья 35. Вступление в силу. Признание утратившим силу Статья 36. Обязанности Правительства
Парламент принимает настоящий органический закон.
Глава I. ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Сфера регулирования Настоящий закон предусматривает обеспечение безопасности участников уголовного процесса, чья жизнь, телесная целостность, свобода или собственность находятся под угрозой вследствие обладания дан- ными лицами информацией, которую они согласились предоставить судебным органам и которая является убедительным доказательством совершения тяжких, особо тяжких или чрезвычайно тяжких преступлений.
Статья 2. Основные понятия (1) В настоящем законе используются следующие основные понятия: 1) защищаемое лицо – лицо, с которым было заключено соглашение о защите в соответствии с настоя- щим законом и которое имеет процессуальный статус: a) свидетеля по уголовному делу, находящемуся в стадии уголовного преследования или судебного разби- рательства в соответствии со статьей 90 Уголовно-процессуального кодекса; b) потерпевшего по уголовному делу, находящемуся в стадии уголовного преследования или судебного разбирательства в соответствии со статьей 59 Уголовно-процессуального кодекса; c) пострадавшего по уголовному делу, находящемуся в стадии уголовного преследования или судебного разбирательства, согласившегося сотрудничать до начала уголовного процесса; d) подозреваемого, обвиняемого, подсудимого, согласившегося дать показания, могущие стать убедитель- ными доказательствами совершения тяжких, особо тяжких или чрезвычайно тяжких преступлений, либо предоставить информацию о подготовке тяжких, особо тяжких или чрезвычайно тяжких преступлений; e) осужденного во время отбытия наказания в виде лишения свободы, согласившегося дать показания, могущие стать убедительными доказательствами совершения тяжких, особо тяжких или чрезвычайно тяж- ких преступлений, либо предоставить информацию о подготовке тяжких, особо тяжких или чрезвычайно тяжких преступлений; f) лица, не имеющего процессуального статуса, согласившегося предоставить информацию о подготовке тяжких, особо тяжких или чрезвычайно тяжких преступлений; Примечание. Согласно настоящему закону по заявлению лиц, указанных в подпунктах а)–f), защищаемыми лицами могут быть их близкие родственники и члены их семей; 2) состояние опасности – ситуация, в которой находятся лица, указанные в пункте 1), чья жизнь, теле- сная целостность, свобода или собственность находятся под угрозой вследствие предоставления ими ин- формации либо согласия на сотрудничество в рамках уголовного процесса;
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3) согласие на сотрудничество – соглашение лиц, указанных в пункте 1), предоставить данные, которые являются убедительными доказательствами совершения тяжких, особо тяжких или чрезвычайно тяжких преступлений, либо другую информацию до начала уголовного процесса; 4) программа защиты – комплекс мер защиты, применяемых уполномоченным органом по защите сви- детелей с согласия защищаемого лица в целях охраны его жизни, телесной целостности и здоровья в со- ответствии с положениями настоящего закона и с учетом личности свидетеля, информации, которой он обладает, и существующей или возможной опасности; 5) меры защиты – меры, предусмотренные в статье 13, применяемые в рамках программы защиты ис- ключительно уполномоченным органом по защите свидетелей; 6) неотложные меры – специфические действия, совершаемые органом уголовного преследования, про- курором, осуществляющим уголовное преследование, или вышестоящим прокурором, администрацией места заключения или при необходимости уполномоченным органом по защите свидетелей сразу после установления состояния опасности, которой подвергается лицо; 7) соглашение о защите – письменная конфиденциальная договоренность между защищаемым лицом и уполномоченным органом по защите свидетелей относительно мер, применяемых в целях защиты лица, обязанностей сторон, а также обстоятельств отмены защиты; 8) обеспечение максимальной конфиденциальности – обеспечение безопасности информации в соответ- ствии со статьей 7 Закона о государственной тайне № 106-XIII от 17 мая 1994 года; 9) близкие родственники – лица, указанные в пункте 41) статьи 6 Уголовно-процессуального кодекса; 10) члены семьи – прямые родственники, свойственники, опекун, попечитель, лицо, находящееся под опекой или попечительством, жених, невеста, лица, живущие в гражданском браке; 11) решение о применении мер защиты – постановление прокурора или определение судебной инстан- ции о применении мер защиты в отношении участников процесса, вынесенное в соответствии с Уголовно- процессуальным кодексом; 12) решение уполномоченного органа – акт, принимаемый руководителем уполномоченного органа по за- щите свидетелей в рамках программы защиты. (2) Другие понятия и выражения, используемые в настоящем законе, соответствуют по смыслу поняти- ям и выражениям, используемым в Уголовном кодексе, Уголовно-процессуальном кодексе и Исполнитель- ном кодексе.
Статья 3. Основания для применения мер защиты в отношении лиц, участвующих в уголовном процессе Основаниями для применения мер защиты в отношении лиц, участвующих в уголовном процессе, яв- ляются: a) наличие опасности для лиц, указанных в пункте 1) статьи 2; b) дача или согласие на дачу показаний о тяжких, особо тяжких или чрезвычайно тяжких преступлениях либо предоставление информации или согласие на предоставление информации до начала уголовного процесса; c) показания, являющиеся убедительными доказательствами в раскрытии преступления или в объек- тивном судебном разбирательстве уголовного дела.
Статья 4. Защита информации (1) Информация о реальной личности или другие сведения о защищаемом лице хранятся в услови- ях максимальной конфиденциальности в соответствии с настоящим законом и статьей 215 Уголовно- процессуального кодекса. (2) Разглашение информации о защищаемом лице наказывается в соответствии с действующим законо- дательством. Лица, участвующие в программе защиты, подписывают соответствующую декларацию о кон- фиденциальности.
Глава II. ОРГАНЫ, НАДЕЛЕННЫЕ ФУНКЦИЯМИ ПО ЗАЩИТЕ СВИДЕТЕЛЕЙ И ДРУГИХ УЧАСТНИКОВ УГОЛОВНОГО ПРОЦЕССА Статья 5. Уполномоченный орган по защите свидетелей Уполномоченный орган по защите свидетелей и других участников уголовного процесса действует в ка- честве подразделения Министерства внутренних дел.
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Статья 6. Функции уполномоченного органа (1) Уполномоченный орган выполняет следующие функции: a) обеспечивает исполнение решения о применении мер защиты, вынесенного в соответствии с частью (2) статьи 215 Уголовно-процессуального кодекса; b) выносит решение о применении мер защиты; c) определяет необходимые и достаточные решения в целях применения оптимальных мер защиты; d) разрабатывает совместно с защищаемым лицом программу его защиты; e) составляет соглашение о защите, которое подписывается руководителем уполномоченного органа и защищаемым лицом; f) организует собственную базу данных о лицах, включенных в программу, и принимаемых мерах защи- ты с обеспечением максимальной конфиденциальности; g) применяет меры защиты в соответствии с программой защиты; h) осуществляет другие действия, предусмотренные программой защиты; i) принимает при необходимости неотложные меры или меры по оказанию помощи, предусмотренные настоящим законом; j) управляет фондами из государственного бюджета и средствами из внешних источников финансирова- ния для реализации программы защиты. (2) При отсутствии других возможностей для выполнения своих функций уполномоченный орган мо- жет изменить личность своих сотрудников или изменить свое недвижимое имущество, а также движимое имущество, используемое сотрудниками в процессе реализации некоторых мер в соответствии с настоя- щим законом. (3) Уполномоченный орган сотрудничает с органами защиты свидетелей из других стран, а также обе- спечивает непрерывное обучение своих сотрудников. (4) Уполномоченный орган издает ведомственные акты об администрировании базы данных, спосо- бах обеспечения максимальной конфиденциальности, а также другие акты, направленные на обеспечение эффективного применения мер защиты. Ведомственные акты, разработанные уполномоченным органом, должны соответствовать общепризнанным международным актам в данной области, Конституции Респу- блики Молдова и Уголовно-процессуальному кодексу.
Статья 7. Функции органа уголовного преследования (1) При осуществлении уголовного преследования орган уголовного преследования уполномочен при- менять по собственной инициативе неотложные меры или меры по оказанию помощи, предусмотренные настоящим законом, с незамедлительным информированием, но не позднее 24 часов, прокурора и уполно- моченного органа. (2) В случае установления необходимости применения мер защиты орган уголовного преследования предлагает прокурору вынести постановление о применении соответствующих мер.
Статья 8. Функции прокурора (1) Прокурор, руководящий уголовным преследованием, и вышестоящий прокурор уполномочены при- менять по собственной инициативе неотложные меры или меры по оказанию помощи, предусмотренные настоящим законом, с незамедлительным информированием, но не позднее 24 часов, уполномоченного ор- гана. (2) По предложению органа уголовного преследования или в силу своих служебных полномочий прокурор, осуществляющий руководство уголовным преследованием, либо вышестоящий прокурор выносит решение о применении мер защиты в соответствии со статьей 215 Уголовно-процессуального кодекса.
Статья 9. Функции администрации места заключения (1) Администрация места заключения уполномочена применять неотложные меры и меры по оказанию помощи, предусмотренные настоящим законом, с незамедлительным информированием, но не позднее 24 часов, прокурора и уполномоченного органа. (2) Решение о применении мер защиты в отношении лиц, находящихся в заключении, принимается уполномоченным органом и исполняется администрацией места заключения совместно с Департаментом пенитенциарных учреждений Министерства юстиции.
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Глава III. ЗАЩИЩАЕМЫЕ ЛИЦА Статья 10. Лица, имеющие право на защиту Право на защиту имеют лица, указанные в пункте 1) статьи 2.
Статья 11. Права защищаемого лица Защищаемое лицо имеет право: a) просить о применении мер защиты в случае, если имеются резонные основания полагать, что ему са- мому или членам его семьи угрожают или могут угрожать смертью, применением насилия, повреждением или уничтожением имущества либо другими незаконными действиями; b) предложить представителю уполномоченного органа применить конкретную меру защиты; c) отказаться от применения меры защиты, если таковая противоречит его моральным и религиозным убеждениям или этическим нормам; d) подписать соглашение о защите; e) быть информированным обо всех мерах защиты, которые могут применяться в его отношении, а так- же о своих правах и обязанностях.
Статья 12. Обязанности защищаемого лица (1) Защищаемое лицо обязано: a) предоставить информацию, которой он владеет, путем подачи заявлений или обращений в органы уголовного преследования или дачи показаний в судебной инстанции; b) строго соблюдать требования, предписываемые мерами защиты в соответствии с программой защиты; c) не разглашать сведения о мерах защиты, а также другие сведения в связи с программой защиты, ука- занные в соглашении о защите; d) воздержаться от любых действий, которые могут помешать реализации программы защиты, в том числе от общения с некоторыми лицами без разрешения уполномоченного органа; e) информировать уполномоченный орган о любых изменениях, произошедших в личной жизни, а так- же о возникновении обстоятельств, которые могут помешать реализации программы защиты. (2) В зависимости от обстоятельств в соглашение о защите могут быть внесены по обоюдному согласию сторон и другие обязанности участника программы, адекватные создавшейся ситуации.
Глава IV. НЕОТЛОЖНЫЕ МЕРЫ, МЕРЫ ЗАЩИТЫ И МЕРЫ ПО ОКАЗАНИЮ ПОМОЩИ Статья 13. Неотложные меры (1) Органом уголовного преследования или администрацией места заключения могут приниматься не- отложные меры в отношении участника уголовного процесса, находящегося в опасности, которые требуют применения неотложных мер по обеспечению безопасности. (2) О применении неотложных мер незамедлительно, но не позднее 24 часов с момента вынесения ре- шения, ставится в известность прокурор, осуществляющий руководство уголовным преследованием, или по обстоятельствам прокурор, осуществляющий контроль за соблюдением законодательства в местах за- ключения. (3) Орган уголовного преследования применяет следующие неотложные меры в отношении защищае- мого лица: a) обеспечение личной охраны, охраны жилища, места нахождения или имущества лица; b) прослушивание переговоров лица в соответствии с Уголовно-процессуальным кодексом; c) наблюдение за лицом посредством аудио- и видеосредств в соответствии с Уголовно-процессуальным кодексом; d) временное помещение лица в безопасное место; e) охрана передвижения или ограничение передвижения лица; f) предоставление специальных активных и пассивных средств для личной защиты; g) установка охранной сигнализации в местах заключения. (4) Администрация места заключения применяет следующие неотложные меры в отношении защищае- мого лица:
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a) помещение лица в место, специально оборудованное для этих целей; b) перевод лица в другое место заключения; c) транспортировка лица с применением усиленных мер защиты. (5) Орган, применяющий неотложные меры, может установить их продолжительность в зависимости от обстоятельств. (6) Неотложные меры могут применяться самостоятельно или совместно с другими мерами, включая меры по оказанию помощи.
Статья 14. Меры защиты (1) В рамках уголовного процесса могут применяться следующие меры защиты в отношении защищае- мого лица: a) защита идентификационных данных; b) применение специальных способов допроса; c) изменение места жительства, места работы или учебы; d) изменение личности, изменение внешности; e) установка системы охранной сигнализации в жилище или месте нахождения лица; f) изменение номера телефона; g) обеспечение охраны имущества. (2) Меры защиты могут применяться самостоятельно или совместно с другими мерами, включая неот- ложные меры и/или меры по оказанию помощи.
Статья 15. Защита идентификационных данных защищаемого лица (1) Защита идентификационных данных защищаемого лица обеспечивается путем неразглашения ин- формации о нем. (2) В решении о применении соответствующих мер защиты и в соглашении о защите уточняются не под- лежащие разглашению идентификационные данные, при необходимости устанавливается продолжитель- ность применения данных мер.
Статья 16. Допрос лица с применением специальных способов Допрос лица с применением специальных способов осуществляется в соответствии с положениями ста- тьи 110 Уголовно-процессуального кодекса.
Статья 17. Изменение места жительства, места работы или учебы (1) Изменение места жительства состоит в переезде лица на постоянное место жительства в другой на- селенный пункт Республики Молдова. В соответствии с межгосударственными соглашениями об оказании международной правовой помощи по уголовным делам лицо может переехать на жительство в другую страну. (2) Лицо, отбывающее наказание в виде лишения свободы, может быть переведено в другое пенитенци- арное учреждение Республики Молдова или в пенитенциарное учреждение другой страны на основе согла- шений об оказании международной правовой помощи по уголовным делам. (3) При необходимости уполномоченный орган может предложить лицу изменить место работы или уче- бы в соответствии с действующим законодательством. В случае применения данной меры уполномоченный орган обязан содействовать нахождению и предоставлению нового места работы или учебы. (4) Условия изменения места жительства, места работы или учебы предусматриваются в соглашении о защите.
Статья 18. Изменение личности, изменение внешности (1) Изменение личности состоит в изменении персональных данных, а при необходимости – в осущест- влении изменений социального, юридического, этнического характера и др. Защищаемое лицо определяет степень изменения своей личности. (2) Новая личность не может оказать влияние на статус лица, а также на его социальные, культурные и политические права. (3) По истечении срока применения мер защиты лицо может вернуться к своей прежней личности или сохранить новую. (4) Защищаемое лицо не может восстановить свою первоначальную личность, если изменение личности оказало значительное влияние на статус третьего лица (брак, отцовство, материнство и т.д.). (5) Изменение личности может иметь место только в случае отсутствия некоторых обязательств защи- щаемого лица перед третьими лицами. Если после применения данной меры выявляются некоторые обя-
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зательства защищаемого лица перед третьими лицами, о которых оно, зная о них, не сообщило уполно- моченному органу, защищаемому лицу предоставляется время для их погашения. В случае отказа погасить обязательства к лицу применяются другие меры защиты. (6) Если защищаемое лицо совершило преступление до изменения личности, уполномоченный орган по требованию судебной инстанции обеспечивает присутствие данного лица и использование его перво- начальной личности, а судебная инстанция может разрешить применение специальных способов допроса лица в соответствии со статьей 110 Уголовно-процессуального кодекса. (7) Изменение внешности состоит в осуществлении некоторых хирургических вмешательств или дру- гих мер, одобренных защищаемым лицом, с целью изменения некоторых видимых частей тела. Изменение внешности не должно противоречить культурным и религиозным убеждениям лица и применяется лишь в случае, когда все другие меры признаны неэффективными, и только после получения прямо выраженного согласия защищаемого лица.
Статья 19. Установка системы охранной сигнализации Установка системы охранной сигнализации предполагает оснащение жилища, места нахождения или другого помещения аппаратурой, которая должна обеспечить быстрое оповещение уполномоченного орга- на и/или органов полиции о неизбежной опасности, которой подвергается лицо.
Статья 20. Изменение номера телефона (1) Изменение номера телефона осуществляется путем изменения номера фиксированной или мобиль- ной телефонной связи защищаемого лица. (2) В случае изменения номера телефона по решению уполномоченного органа имя защищаемого лица может быть исключено из списков телефонного оператора.
Статья 21. Обеспечение защиты имущества Защита имущества осуществляется путем обеспечения его охраны, а также другими законными спосо- бами, предусмотренными в соглашении о защите.
Статья 22. Меры по оказанию помощи В соглашение о защите могут быть включены и другие меры по оказанию помощи, такие как: a) интеграция в другую социальную среду; b) профессиональная переквалификация; c) обеспечение достойного дохода до предоставления места работы; d) содействие в получении новой профессии; e) медицинская помощь; f) юридическая помощь; g) психологическая и социальная помощь.
Глава V. ПРОГРАММА ЗАЩИТЫ Статья 23. Условия включения в программу защиты (1) Включение лица в программу защиты имеет место в случае, когда соблюдены в совокупности все следующие условия: a) имеется его письменное заявление; b) лицо имеет статус, предусмотренный пунктом 1) части (1) статьи 2; c) лицо находится в состоянии опасности, указанной в пункте 2) части (1) статьи 2; d) существует мотивированное решение прокурора или судебной инстанции о применении мер защиты, вынесенное на основании статьи 215 Уголовно-процессуального кодекса. (2) Включение в программу защиты несовершеннолетнего или частично дееспособного лица обусловле- но письменным согласием их законных представителей.
Статья 24. Инициирование процедуры включения в программу защиты (1) Лицо, которому угрожает опасность, может подать заявление об этом прокурору, осуществляющему руководство уголовным преследованием, или по обстоятельствам в судебную инстанцию. (2) После конфиденциального рассмотрения заявления прокурор или по обстоятельствам судебная ин- станция выносят решение о применении мер защиты.
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(3) В случае установления в силу своей компетенции состояния опасности прокурор или по обстоятель- ствам судебная инстанция обязаны конфиденциально рассмотреть дело с участием лица, которому угрожа- ет опасность, и вынести решение о применении мер защиты. (4) В случае отказа прокурора рассмотреть заявление о включении в программу или вынести решение о применении мер защиты лицо может обжаловать акт отказа у судьи по уголовному преследованию. (5) В случае отказа судебной инстанции рассмотреть заявление или вынести решение о применении мер за- щиты лицо может обжаловать акт отказа на основании части (2) статьи 453 Уголовно-процессуального кодекса. (6) Прокурор или судебная инстанция могут дать рекомендации уполномоченному органу о примене- нии конкретной меры защиты.
Статья 25. Решение о применении мер защиты (1) Решение о применении мер защиты, вынесенное прокурором или судебной инстанцией, должно содержать: a) сведения о лице в соответствии с частью (1) статьи 358 Уголовно-процессуального кодекса, которая применяется соответствующим образом. В дополнение к сведениям, указанным в части (1) статьи 358, при- лагается справка об отсутствии судимости; b) ссылку на наличие письменного заявления лица, которому следует предоставить защиту; c) процессуальный статус лица или, исходя из обстоятельств, его отсутствие; d) описание дела, находящегося в стадии уголовного преследования или судебного разбирательства; e) данные и сведения, предоставленные лицом, являющиеся убедительными доказательствами, а также обстоятельства получения лицом сведений и доказательств, которые он предоставил или предоставит; f) данные, подтверждающие состояние опасности; g) оценку возможности возмещения ущерба, причиненного преступлением; h) данные о финансовом положении лица; i) при необходимости рекомендацию о применении конкретной меры защиты. (2) В зависимости от обстоятельств прокурор или судебная инстанция могут включить в решение и другие необходимые сведения. (3) Решение о применении мер защиты направляется уполномоченному органу незамедлительно, но не позднее 24 часов, в соответствии со статьей 215 Уголовно-процессуального кодекса и является обязатель- ным для исполнения.
Статья 26. Решение уполномоченного органа (1) Решение уполномоченного органа содержит: a) дату вынесения решения о применении мер защиты; b) сведения о лице, включенном в программу; c) информацию по существу дела, находящегося в стадии уголовного преследования или судебного раз- бирательства; d) описание возможной опасности, которой подвергается лицо, в отношении которого следует приме- нить меры защиты; e) меры защиты, которые предполагается применить. (2) Решение о применении мер защиты в отношении лица, которому угрожает опасность, принимается руководителем уполномоченного органа в разумный срок, но не позднее 30 дней с момента вынесения ре- шения о применении мер защиты. (3) Если решение о применении мер защиты не соответствует требованиям настоящего закона, руково- дитель уполномоченного органа своим решением требует устранения несоответствий. Орган, вынесший решение, обязан устранить их в течение трех дней.
Статья 27. Соглашение о защите (1) В течение трех дней с момента принятия решения руководитель уполномоченного органа заключает письменное соглашение о защите с лицом, которому угрожает опасность. (2) В случае, если опасность угрожает и членам семьи защищаемого лица, соглашение заключается с каждым лицом отдельно. (3) С момента подписания соглашения лицо приобретает статус защищаемого лица. (4) Соглашение о защите несовершеннолетнего подписывается несовершеннолетним и его законным представителем. В случае отказа законного представителя подписать или невозможности при определенных обстоятельствах подписать соглашение оно подписывается представителем органа опеки и попечительства. Если у законного представителя или представителя органа опеки и попечительства есть замечания по со-
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держанию соглашения, включая предложенную меру защиты, соглашение не подписывается до устранения разногласий. В таких случаях уполномоченный орган может передать решение о применении мер защиты прокурору или судебной инстанции. Во всех случаях приоритет имеют интересы несовершеннолетнего. (5) Соглашение о защите должно содержать: a) общие положения о сторонах соглашения, дату и место его подписания; b) применяемые меры защиты, условия и продолжительность их применения; c) права и обязанности защищаемого лица, установленные в соответствии со статьей 8; d) обязанности уполномоченного органа; e) сведения о лице или лицах, назначенных для контактов, и условиях осуществления ими своей деятельности; f) положение, согласно которому соглашение заключается в единственном экземпляре, который хранит- ся в условиях обеспечения максимальной конфиденциальности уполномоченным органом. (6) Если в процессе уголовного преследования или судебного разбирательства по делу выявляются но- вые обязательства, не учтенные в первоначальном решении, в соответствии с настоящим законом может быть вынесено новое решение, которое может повлечь изменение соглашения о защите или заключение нового соглашения.
Статья 28. Программа защиты (1) Программа защиты осуществляется конфиденциальными способами и методами, разработанными уполномоченным органом. (2) Документы о включении лица в программу защиты хранятся в условиях обеспечения максимальной конфиденциальности.
Статья 29. Отмена программы защиты (1) Программа защиты прекращает свое действие в следующих случаях: a) по письменному заявлению защищаемого лица; b) если во время уголовного процесса лицо отказывается от дачи показаний; c) если во время уголовного процесса лицо дает ложные показания и это подтверждается окончатель- ным судебным решением об осуждении лица за дачу ложных показаний; d) если защищенное лицо не соблюдает обязанности, предусмотренные соглашением о защите; e) если исчезли обстоятельства, которые определили включение лица в программу защиты; f) если защищаемое лицо скончалось. (2) В случаях, предусмотренных частью (1), программа защиты прекращает свое действие по решению прокурора или судебной инстанции. (3) В случаях, предусмотренных пунктами а), d) и f) части (1), программа защиты может быть прекраще- на по решению руководителя уполномоченного органа. (4) Незамедлительно, но не позднее трех дней после вынесения решения о прекращении программы, прокурор или судебная инстанция сообщают об этом уполномоченному органу. В случае, предусмотрен- ном пунктом f) части (1), действие программы в отношении членов семьи может продолжаться исходя из обстоятельств дела.
Глава VI. КОНТРОЛЬ ЗА ОСУЩЕСТВЛЕНИЕМ МЕР ЗАЩИТЫ Статья 30. Контроль, осуществляемый прокурором (1) Генеральный прокурор и его специально уполномоченные заместители осуществляют контроль за выполнением законов органами, уполномоченными применять неотложные меры, меры защиты и меры по оказанию помощи. (2) Прокурор, наделенный функциями контроля, имеет право доступа к сведениям, составляющим госу- дарственную тайну, предоставленное в установленном законом порядке.
Статья 31. Контроль, осуществляемый судьей по уголовному преследованию (1) В случае, предусмотренном частью (4) статьи 24, а также в других случаях, когда лицо считает, что его права нарушены, оно может подать жалобу судье по уголовному преследованию в течение десяти дней. (2) Жалоба рассматривается в 10-дневный срок при соблюдении конфиденциальности и в соответствии с положениями статьи 313 Уголовно-процессуального кодекса.
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(3) Решение судьи по уголовному преследованию является обязательным для органа, наделенного правом применять неотложные меры, меры защиты и меры по оказанию помощи.
Глава VII. НАЦИОНАЛЬНОЕ И МЕЖДУНАРОДНОЕ СОТРУДНИЧЕСТВО Статья 32. Национальное сотрудничество (1) В целях обеспечения эффективной защиты свидетелей уполномоченный орган сотрудничает с цен- тральными и местными органами публичного управления, а также с неправительственными организациями. (2) Центральные и местные органы публичного управления обязаны выполнять предписания уполно- моченного органа в целях обеспечения защиты конкретного лица. Срок исполнения указан в соответству- ющем предписании. В случае невозможности выполнения предписания соответствующий орган должен сообщить об этом уполномоченному органу незамедлительно, но не позднее 72 часов, с указанием обосно- ванных причин. (3) Неправительственные организации в пределах своей компетенции оказывают содействие в оказании помощи и обеспечении эффективной защиты.
Статья 33. Международное сотрудничество (1) Международное сотрудничество в области защиты свидетелей осуществляется в соответствии с нор- мами международной правовой помощи по уголовным делам. (2) На основании взаимных соглашений, заключенных между Республикой Молдова и другими государ- ствами, уполномоченный орган вправе заключать соглашения о направлении защищаемых лиц в соответ- ствующую страну или о принятии некоторых иностранных граждан на территории Республики Молдова.
Глава VIII. ФИНАНСОВОЕ ОБЕСПЕЧЕНИЕ ДЕЯТЕЛЬНОСТИ ПО ЗАЩИТЕ СВИДЕТЕЛЕЙ Статья 34. Расходы (1) Расходы по исполнению настоящего закона покрываются за счет средств государственного бюджета, внешних источников, а также программ, разработанных в целях обеспечения защиты свидетелей. (2) Порядок управления финансовыми средствами определяется положением, утверждаемым Прави- тельством.
Глава IX. ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ Статья 35. (1) Настоящий закон вступает в силу через три месяца после опубликования в Официальном мониторе Республики Молдова. (2) Со дня вступления в силу настоящего закона признать утратившим силу Закон о государственной за- щите потерпевших, свидетелей и других лиц, содействующих уголовному процессу № 1458-XIII от 28 января 1998 года, с последующими изменениями.
Статья 36. Правительству в трехмесячный срок: – представить Парламенту предложения по приведению действующего законодательства в соответствие с настоящим законом; – принять нормативные акты, необходимые для исполнения настоящего закона, и привести свои норма- тивные акты в соответствие с настоящим законом; – обеспечить принятие или пересмотр министерствами и другими центральными органами публичного управления своих нормативных актов.
Председатель Парламента Мариан ЛУПУ Кишинэу, 16 мая 2008 г. № 105-XVI.
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14. ЗАКОН о социальном пособии N 133-XVI от 13.06.2008 Мониторул Офичиал N 179/625 от 30.09.2008
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СОДЕРЖАНИЕ
Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Предмет закона Статья 2. Цель закона Статья 3. Основные понятия Статья 4. Сфера действия настоящего закона
Глава II ПРАВО НА СОЦИАЛЬНОЕ ПОСОБИЕ, РАЗМЕР И ПОРЯДОК ЕГО НАЗНАЧЕНИЯ Статья 5. Право на социальное пособие Статья 6. Размер социального пособия Статья 7. Минимальный гарантированный ежемесячный доход Статья 8. Совокупный доход семьи Статья 9. Назначение социального пособия
Глава III ПОРЯДОК ВЫПЛАТЫ И ФИНАНСИРОВАНИЯ СОЦИАЛЬНОГО ПОСОБИЯ Статья 10. Выплата социального пособия Статья 11. Изменение размера социального пособия Статья 12. Прекращение выплаты социального пособия Статья 13. Обжалование Статья 14. Финансирование социального пособия Статья 15. Учет получателей социального пособия
Глава III1 ПОСОБИЕ НА ХОЛОДНЫЙ ПЕРИОД ГОДА 1.">Статья 151. Пособие на холодный период года
Глава IV ОТВЕТСТВЕННОСТЬ Статья 16. Ответственность за нарушение положений настоящего закона Статья 17. Контроль за правильностью назначения социального пособия и использования финансовых средств
Глава V ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ Статья 18. Вступление в силу и переходный период
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Примечание: По всему тексту закона слова "Министерство социальной защиты, семьи и ребенка" заменить словами "Министерство труда, социальной защиты и семьи" согласно Закону N 109 от 04.06.2010, в силу 30.07.2010
Парламент принимает настоящий органический закон.
Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Предмет закона Настоящий закон регламентирует правовую базу обеспечения равных возможностей малоимущим семьям посредством назначения социального пособия для достижения уровня, гарантированного государством.
Статья 2. Цель закона Целью настоящего закона является обеспечение малоимущим семьям минимального гарантированного ежемесячного дохода посредством назначения социального пособия согласно оценке совокупного средне- месячного дохода семьи и ее потребностям в социальной помощи.
Статья 3. Основные понятия В настоящем законе используются следующие основные понятия: семья – два или более лица, проживающих в одном жилище и имеющих общий бюджет. Правами семьи пользуется и любое взрослое лицо, которое не входит в состав какой-либо семьи; заявитель – один из членов семьи, обладающий полной дееспособностью, или законный представитель семьи, подающий заявление о предоставлении социального пособия; социальное пособие – ежемесячная денежная выплата, предоставляемая малоимущей семье; пособие на холодный период года – ежемесячная фиксированная денежная выплата, предоставляемая на периоды январь-март и ноябрь-декабрь малоимущей семье; минимальный гарантированный ежемесячный доход семьи – рассчитанный минимальный уровень еже- месячного дохода семьи, гарантированный государством; совокупный среднемесячный доход семьи (далее – совокупный доход семьи) – среднемесячная сумма средств, полученных семьей; малоимущая семья – семья, у которой совокупный среднемесячный доход меньше, чем размер мини- мального гарантированного ежемесячного дохода. [Ст.3 изменена Законом N 180 от 15.07.2010, в силу 03.09.2010]
Статья 4. Сфера действия настоящего закона Действие настоящего закона распространяется на семьи, члены которых являются гражданами Респу- блики Молдова, гражданами других государств, лицами без гражданства или беженцами, проживающими в Республике Молдова согласно законодательству.
Глава II ПРАВО НА СОЦИАЛЬНОЕ ПОСОБИЕ, РАЗМЕР И ПОРЯДОК ЕГО НАЗНАЧЕНИЯ Статья 5. Право на социальное пособие (1) Право на социальное пособие предоставляется малоимущим семьям в случае, если все взрослые чле- ны семьи находятся хотя бы в одной из следующих ситуаций: a) достигли возраста, необходимого для назначения пенсии согласно законодательству; b) являются лицами, имеющими ту или иную группу инвалидности; c) являются безработными, зарегистрированными в территориальных агентствах занятости населения по месту жительства, которые не отказываются от предложенного места работы или от пользования услуга- ми по стимулированию трудоустройства и общественных работ, предоставленными агентствами; d) находятся в периоде между 30-й неделей беременности и 12-й неделей после родов в случае, если ребенок рождается мертвым или умирает в период послеродового отпуска, либо ухаживают за ребенком в возрасте до трех лет; e) ухаживают за членом/членами семьи, являющимися инвалидами I группы, нуждающимися в ухо- де согласно заключению Консилиума врачебной экспертизы жизнеспособности, за ребенком/ детьми-
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инвалидами или лицом старше 75 лет из той же семьи в соответствии с заключением Консультативного медицинского консилиума. (2) Семьи, члены которых получают доход от заработной платы за полное или неполное рабочее время, от предпринимательской деятельности или деятельности, связанной с использованием сельскохозяйственных земель, расположенных за чертой населенных пунктов, могут обратиться за социальным пособием при усло- вии, что остальные взрослые члены этих семей находятся в одной из ситуаций, предусмотренных частью (1). (3) При установлении права на получение социального пособия исключаются члены семьи, которые: a) имеют гражданство Республики Молдова, но не проживают на ее территории; b) отбывают наказание в виде лишения свободы; c) проходят срочную военную службу; d) находятся на содержании государства. (4) На ситуации, указанные в пункте d) части (1), могут ссылаться одновременно разные члены семьи только в отношении детей от разных матерей, а на ситуации, указанные в пункте е) этой же части, – только один член семьи. [Ст.5 изменена Законом N 180 от 15.07.2010, в силу 03.09.2010]
Статья 6. Размер социального пособия Ежемесячный размер социального пособия устанавливается как разница между минимальным гаранти- рованным ежемесячным доходом семьи и ее совокупным доходом.
Статья 7. Минимальный гарантированный ежемесячный доход (1) Минимальный гарантированный ежемесячный доход семьи представляет собой совокупность мини- мальных гарантированных ежемесячных доходов, установленных для каждого члена семьи. (2) Размер минимального ежемесячного дохода на каждого члена семьи рассчитывается следующим образом: a) 100 процентов минимального гарантированного ежемесячного дохода для заявителя; b) 70 процентов минимального гарантированного ежемесячного дохода для каждого следующего взрос- лого члена семьи; c) 50 процентов минимального гарантированного ежемесячного дохода для каждого ребенка; d) дополнительно 30 процентов минимального гарантированного ежемесячного дохода для каждого взрослого члена семьи, имеющего группу инвалидности; e) дополнительно 50 процентов минимального гарантированного ежемесячного дохода для каждого ребенка-инвалида; f) дополнительно 10 процентов минимального гарантированного ежемесячного дохода, если единствен- ный взрослый член семьи является инвалидом. (3) Уровень минимального гарантированного ежемесячного дохода устанавливается ежегодно в Законе о государственном бюджете.
Статья 8. Совокупный доход семьи (1) При установлении совокупного дохода семьи учитываются доходы, полученные в денежной форме от оплачиваемого труда, от всех видов предпринимательской деятельности, страховых выплат и выплат со- циальной помощи, доходов от использования сельскохозяйственных земель и земельных участков, а также иные виды доходов, включая доходы от собственности. (2) При оценке благосостояния семьи для назначения социального пособия учитываются состав семьи, движимое и недвижимое имущество, которое находится в собственности семьи и перечень характеристик, отражающих ее благосостояние. (3) Наличие движимого и недвижимого имущества, а также определенные характеристики семьи явля- ются показателями благосостояния, выраженного в баллах. (4) Если число баллов превышает установленный уровень, семье не предоставляется право на получение социального пособия. (5) Порядок оценки благосостояния семьи и перечень его характеристик, выраженных в баллах, утверж- даются Правительством. (6) При исчислении совокупного дохода семьи учитываются текущие доходы, полученные ее членами.
Статья 9. Назначение социального пособия (1) Социальное пособие назначается на основании заявления о предоставлении социального пособия, поданного одним из членов семьи, обладающим полной дееспособностью, назначенным семьей, или в пред- усмотренных законом случаях ее законным представителем.
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(2) Социальное пособие назначается управлением/ отделом социальной помощи и защиты семьи. (3) Управление/отдел социальной помощи и защиты семьи организует совместно с представителями органов местного публичного управления и/или гражданского общества выборочную проверку на дому у заявителя достоверности сведений, изложенных в заявлении о предоставлении социального пособия, и за- полняет социальную анкету. (4) Социальное пособие назначается на срок не более двух лет и пересматривается при осуществлении любых изменений, могущих повлиять на размер назначенного социального пособия. (5) Социальное пособие назначается с месяца, в котором было зарегистрировано заявление о предостав- лении социального пособия в управлении/ отделе социальной помощи и защиты семьи. [Ст.9 изменена Законом N 180 от 15.07.2010, в силу 03.09.2010]
Глава III ПОРЯДОК ВЫПЛАТЫ И ФИНАНСИРОВАНИЯ СОЦИАЛЬНОГО ПОСОБИЯ Статья 10. Выплата социального пособия (1) Выплата социального пособия осуществляется ежемесячно Национальной кассой социального стра- хования через финансовое учреждение, отобранное на конкурсной основе. (2) В случае, если ежемесячный размер социального пособия на семью составляет менее 25 леев, выплата осуществляется один раз в шесть месяцев и рассчитывается как сумма социального пособия за соответ- ствующие месяцы. (3) Положение о порядке назначения и выплаты социального пособия утверждается Правительством.
Статья 11. Изменение размера социального пособия (1) Изменение размера социального пособия осуществляется в случае: a) изменения минимального гарантированного ежемесячного дохода семьи; b) изменения ранее представленных сведений. (2) Изменение размера социального пособия осуществляется управлением/ отделом социального обе- спечения и защиты семьи.
. Прекращение выплаты социального пособия (1) Выплата социального пособия прекращается в следующих случаях: a) семья более не соответствует условиям, предусмотренным настоящим законом; b) семья меняет место жительства; c) одинокое лицо, получавшее социальное пособие, умерло или было объявлено без вести пропавшим; d) семья отказалась от заполнения социальной анкеты на дому или не подала повторно заявление в 10-дневный срок после того, как социальной анкетой выявлены изменения в указанных в заявлении данных. (2) Управление/ отдел социального обеспечения и защиты семьи сообщает в письменной форме получа- телю в случаях, предусмотренных пунктами a), b) и d) части (1), и Национальной кассе социального страхо- вания о прекращении выплаты социального пособия в 15-дневный срок со дня принятия решения. [Ст.12 изменена Законом N 180 от 15.07.2010, в силу 03.09.2010]
Статья 13. Обжалование Решение о предоставлении или отказе в предоставлении социального пособия, изменении или прекра- щении выплаты социального пособия, а также о возмещении необоснованно полученных сумм, может быть обжаловано в административном суде.
Статья 14. Финансирование социального пособия Финансирование социального пособия, назначенного в соответствии с настоящим законом, осуществляется за счет средств государственного бюджета посредством бюджета государственного социального страхования.
Статья 15. Учет получателей социального пособия Учет получателей социального пособия осуществляется управлением/ отделом социального обеспече- ния и защиты семьи, Национальной кассой социального страхования и Министерством труда, социальной защиты и семьи посредством создания информационной автоматизированной системы. [Ст.15 изменена Законом N 180 от 15.07.2010, в силу 03.09.2010]
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Глава III1 ПОСОБИЕ НА ХОЛОДНЫЙ ПЕРИОД ГОДА 1.">Статья 151. Пособие на холодный период года (1) Пособие на холодный период года устанавливается и предоставляется: a) малоимущим семьям, имеющим право на социальное пособие согласно положениям настоящего закона; b) обратившимся за социальным пособием семьям, чей совокупный среднемесячный доход выше мини- мального гарантированного ежемесячного дохода согласно законодательству и ниже уровня минимального гарантированного ежемесячного дохода, увеличенного в 1,4 раза. (2) Размер пособия на холодный период года, порядок его установления и выплаты устанавливаются Правительством. [Глава III1 введена Законом N 180 от 15.07.2010, в силу 03.09.2010]
Глава IV ОТВЕТСТВЕННОСТЬ Статья 16. Ответственность за нарушение положений настоящего закона (1) Нарушение положений настоящего закона влечет за собой ответственность, предусмотренную за- конодательством. (2) Заявитель обязан предоставить достоверные и полные сведения органу, наделенному правом назна- чения социального пособия. (3) В случае представления неполной, ошибочной информации или неинформирования об изменениях, которые произошли в структуре и размере доходов, повлиявших на размер социального пособия, получа- тель возмещает всю необоснованно выплаченную ему сумму.
Статья 17. Контроль за правильностью назначения социального пособия и использования финансовых средств (1) Контроль за правильностью назначения и целевого использования выделенных финансовых средств осуществляется уполномоченными контрольными органами. (2) Проверка достоверности информации, представленной для назначения социального пособия, осу- ществляется непосредственно органом, назначившим социальное пособие.
Глава V ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ
Статья 18. Вступление в силу и переходный период (1) Положения настоящего закона применяются к: a) семьям, в которых хотя бы один из членов имеет группу инвалидности, – с 1 октября 2008 года; b) семьям с одним или более детьми – с 1 января 2009 года; c) остальным семьям – с 1 июля 2009 года. (2) Правительству в шестимесячный срок со дня принятия: a) представить Парламенту предложения о приведении действующего законодательства в соответствие с положениями настоящего закона; b) разработать и утвердить необходимые нормативные акты, регулирующие механизм реализации на- стоящего закона; c) разработать законодательную базу и создать необходимые условия для организации в ведении Мини- стерства труда, социальной защиты и семьи Социальной инспекции, уполномоченной осуществлять оценку и мониторинг процесса реализации настоящего закона. [Ст.18 изменена Законом N 180 от 15.07.2010, в силу 03.09.2010]
ПРЕДСЕДАТЕЛЬ ПАРЛАМЕНТА Мариан ЛУПУ Кишинэу, 13 июня 2008 г. № 133-XVI.
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15. ЗАКОН о профилактике ВИЧ/СПИД-инфекции N 23-XVI от 16.02.2007 Мониторул Офичиал N 54-56/250 от 20.04.2007
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СОДЕРЖАНИЕ
Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Сфера регламентирования и цели настоящего закона Статья 2. Правовая база Статья 3. Основные понятия
Глава II МЕРЫ ПО ПРОФИЛАКТИКЕ Статья 4. Стратегические меры по профилактике ВИЧ/СПИД-инфекции Статья 5. Воспитание в области предупреждения ВИЧ/СПИД-инфекции
Глава III МЕРЫ ПО ПРОФИЛАКТИКЕ СРЕДИ УЯЗВИМЫХ ГРУПП Статья 6. Семья, дети, молодежь и ВИЧ/СПИД-инфекция Статья 7. Предупреждение ВИЧ/СПИД-инфекции среди потребителей инъекционных наркотиков Статья 8. Предупреждение ВИЧ/СПИД-инфекции среди военнослужащих Статья 9. Деятельность по предупреждению ВИЧ/СПИД-инфекции в пенитенциарных учреждениях Статья 10. Предупреждение ВИЧ/СПИД-инфекции среди иммигрантов, эмигрантов, беженцев и лиц, ищущих убежища
Глава IV ДОБРОВОЛЬНОЕ КОНСУЛЬТИРОВАНИЕ И ТЕСТИРОВАНИЕ Статья 11. Доступ к тестированию Статья 12. Лаборатории и центры консультирования и тестирования Статья 13. Согласие на тестирование на маркеры ВИЧ Статья 14. Конфиденциальность Статья 15. Запрещение обязательного тестирования на маркеры ВИЧ Статья 16. Дозорный надзор
Глава V МЕДИЦИНСКАЯ ПОМОЩЬ И ЛЕЧЕНИЕ Статья 17. Медицинское наблюдение Статья 18. Национальные протоколы лечения ВИЧ/СПИД-инфекции Статья 19. Доступ к АРВ-лечению и к другим видам лечения Статья 20. Паллиативное лечение лиц, инфицированных ВИЧ/СПИДом Статья 21. Профилактика передачи ВИЧ/СПИД-инфекции от матери плоду
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Глава VI ЗАПРЕЩЕНИЕ ДИСКРИМИНАЦИИ Статья 22. Запрещение дискриминации в сфере труда Статья 23. Запрещение дискриминации в дошкольных учреждениях и учебных заведениях Статья 24. Ограничения в поездках и выборе места жительства Статья 25. Запрещение дискриминации в публичных, ведомственных и частных медико-санитарных и санаторно-курортных учреждениях Статья 26. Запрещение дискриминации в доступе к услугам по страхованию, кредитованию или предо- ставлению займов Статья 27. Ответственность за несоблюдение прав лиц с ВИЧ-позитивным статусом
Глава VII ЮРИДИЧЕСКАЯ ПОМОЩЬ ЛИЦАМ С ВИЧ-ПОЗИТИВНЫМ СТАТУСОМ И ИХ ОТВЕТСТВЕННОСТЬ Статья 28. Доступ к юридической помощи и конфиденциальность процесса Статья 29. Ответственность лиц с ВИЧ-позитивным статусом
Глава VIII ПРОФИЛАКТИКА НОЗОКОМИАЛЬНОГО ИНФИЦИРОВАНИЯ Статья 30. Обеспечение защиты пациентов Статья 31. Обеспечение защиты медицинских работников Статья 32. Доступ к наборам постконтактной профилактики Статья 33. Гарантии в случае нозокомиального инфицирования
Глава IX ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ Статья 34. Заключительные и переходные положения
Парламент принимает настоящий органический закон.
Глава I ОБЩИЕ ПОЛОЖЕНИЯ Статья 1. Сфера регламентирования и цели настоящего закона (1) Настоящий закон регулирует правовые отношения, возникающие при осуществлении профилактики ВИЧ/СПИД-инфекции путем сокращения числа новых случаев инфицирования, сдерживания масштабно- го роста эпидемии и снижения ее последствий, обеспечения медицинской и социально-психологической помощи лицам, инфицированным ВИЧ/СПИДом, членам их семей, гарантирования соблюдения прав этих лиц, а также консолидации усилий по профилактике ВИЧ/СПИД-инфекции и борьбе с ней. (2) Целями настоящего закона являются: a) проведение комплексной политики, направленной на объединение усилий государственных, непра- вительственных и международных структур, лиц, инфицированных ВИЧ/СПИДом, предпринимателей и частных лиц, а также на внедрение системы мониторинга и оценки мероприятий по профилактике ВИЧ/ СПИД-инфекции; b) осуществление профилактики как системы мер по противодействию эпидемии посредством инфор- мирования населения, в том числе социально-уязвимых групп, в целях повышения уровня знаний по во- просам ВИЧ/СПИДа; c) исключение дискриминации лиц, пострадавших от ВИЧ/СПИДа, гарантированием соблюдения прав человека и уважения человеческого достоинства;
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d) разработка и совершенствование программ по охране детей путем реализации системы дифферен- цированного воспитания, пропаганды здорового образа жизни, осуществления мер по предупреждению потребления наркотиков, по профилактике ВИЧ/СПИД-инфекции, информирования по вопросам защиты от инфицирования ВИЧ, предупреждения социального сиротства по причине гибели от СПИДа одного или обоих родителей; e) обеспечение гарантированного доступа лиц, инфицированных ВИЧ/СПИДом, к медицинской и со- циальной помощи, в том числе к лечению, уходу и поддержке; f) обеспечение безопасных условий при оказании медицинской помощи, проведении лабораторной диа- гностики для предупреждения риска внутрибольничного и профессионального инфицирования.
Статья 2. Правовая база (1) Правовую базу деятельности по осуществлению профилактики ВИЧ/СПИД-инфекции составляют Конституция Республики Молдова, настоящий закон, другие нормативные акты, а также международные договоры, стороной которых является Республика Молдова. (2) Если международные договоры, стороной которых является Республика Молдова, устанавливают иные нормы, чем те, которые предусмотрены настоящим законом, применяются нормы международных договоров.
Статья 3. Основные понятия В целях настоящего закона используются следующие основные понятия: вирус иммунодефицита человека (ВИЧ) – вирус, который ведет к снижению и разрушению иммунной системы человеческого организма и вызывает заболевание СПИД; ВИЧ-позитивный статус – наличие в человеческом организме маркеров ВИЧ, свидетельствующих о факте инфицирования; синдром приобретенного иммунодефицита (СПИД) – стадия заболевания, вызванная ВИЧ; антиретровирусное лечение (АРВ-лечение) – применение специфических препаратов, которые сдержи- вают репликацию и распространение вируса ВИЧ в организме; постконтактная профилактика (ПКП) – краткосрочный курс антиретровирусного лечения с целью снижения вероятности инфицирования ВИЧ при потенциальном риске в рамках профессиональной дея- тельности или в случае насильственных сексуальных отношений /в случае изнасилования; добровольное консультирование и тестирование – до- и послетестовое консультирование, в том числе консультирование для получения осознанного согласия на тестирование на маркеры ВИЧ; конфиденциальность – защита и гарантирование права на соблюдение тайны информации о лице, те- стированном на маркеры ВИЧ или диагностированном как ВИЧ-позитивное; Национальный совет по координации национальных программ по профилактике и контролю ВИЧ/ СПИД-инфекции, инфекций, передающихся половым путем, и контролю туберкулеза – межсекторальная функциональная структура, которая обеспечивает руководство и мониторинг реализации стратегий и ме- роприятий, предусмотренных национальными программами по профилактике и контролю ВИЧ/СПИД- инфекции, инфекций, передающихся половым путем, и контролю туберкулеза, а также использование гран- тов Глобального фонда по борьбе со СПИДом, туберкулезом, малярией и Всемирного банка; универсальные стандарты безопасности – правила, устанавливающие обязательные условия предупре- ждения инфицирования ВИЧ при непосредственном контакте с кровью и другими биологическими жидко- стями в процессе оказания медицинских и других услуг; заместительное лечение – терапия с использованием лечения по замене наркотиков; паллиативное лечение – комплекс мер и терапевтических вмешательств, направленных на улучшение качества жизни лиц, инфицированных ВИЧ/СПИДом, и членов их семей; нозокомиальное инфицирование – заражение ВИЧ в процессе медицинских вмешательств и манипуляций.
Глава II МЕРЫ ПО ПРОФИЛАКТИКЕ Статья 4. Стратегические меры по профилактике ВИЧ/СПИД-инфекции (1) Меры по профилактике ВИЧ/СПИД-инфекции регламентируются настоящим законом, другими нор- мативными актами, принятыми на его основе, а также международными договорами, стороной которых является Республика Молдова. (2) Программы по профилактике и контролю ВИЧ/СПИД-инфекции включаются в национальный план развития.
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(3) Обязательным является активное вовлечение лиц, инфицированных ВИЧ/СПИДом, и неправительствен- ных организаций в данной области в разработку и реализацию Национальной программы по профилактике и контролю ВИЧ/СПИД-инфекции, а также смежных программ, включая учебные программы по профилактике, уходу, лечению, по юридической и социальной помощи, а также политики занятости. (4) Формирование общественного мнения на национальном уровне осуществляется посредством ин- формационных, воспитательных, коммуникационных мероприятий и информационных кампаний, при- званных пропагандировать здоровый образ жизни, безопасное и ответственное поведение, неприятие дис- криминации, гендерное равенство и сострадание. (5) В учебных заведениях следует обеспечить распространение материалов, содержащих информацию о предупреждении передачи ВИЧ-инфекции, пропагандирующих недискриминационное и терпимое отноше- ние к лицам, инфицированным ВИЧ/СПИДом.
Статья 5. Воспитание в области предупреждения ВИЧ/СПИД-инфекции (1) Государство ответственно за разработку и реализацию на национальном уровне воспитательных программ, призванных информировать детей с 12-летнего возраста, подростков и молодежь, прививать им безопасное и ответственное поведение. (2) Вопросы предупреждения ВИЧ/СПИД-инфекции включаются в качестве обязательного курса в систе- мы среднего, среднего специального, высшего и постуниверситетского образования, воспитательных меро- приятий формального и неформального характера среди подростков и учащейся молодежи, молодых людей с отставанием в умственном развитии и с физическими недостатками, личного состава вооруженных сил. (3) Деятельность по обучению и пропаганде безопасного и ответственного поведения в области пред- упреждения ВИЧ/СПИД-инфекции, информационное обеспечение детей, не посещающих учебные заве- дения, осуществляются в молодежных и детских центрах и других учреждениях социального назначения. (4) Министерства и другие центральные административные органы, органы местного публичного управ- ления обязаны разрабатывать и осуществлять меры по привлечению населения, средств массовой информа- ции, ассоциаций и других организаций к участию в воспитательных программах, распространению информа- ции о ВИЧ/СПИД-инфекции в службах медицинской помощи, на рабочем месте и по месту жительства. (5) Воспитательные программы основываются на принципах недискриминации, терпимого отношения к лицам, инфицированным ВИЧ/СПИДом, уважения и гарантирования их прав.
Глава III МЕРЫ ПО ПРОФИЛАКТИКЕ СРЕДИ УЯЗВИМЫХ ГРУПП Статья 6. Семья, дети, молодежь и ВИЧ/СПИД-инфекция (1) Дети имеют право на консультирование, адаптированное к их специфическим потребностям. В отно- шении детей должны соблюдаться все требования конфиденциальности, применяемые к взрослым. (2) Дети и молодежь, пострадавшие от ВИЧ/СПИД-инфекции, имеют доступ к образовательным и про- филактическим программам, имеют равные права со своими сверстниками, в том числе на социальную и правовую помощь, а также на лечение и уход, в которых они нуждаются в связи с их статусом. (3) Дети и молодежь, пострадавшие от ВИЧ/СПИД-инфекции, находящиеся в медико-санитарных, со- циальных учреждениях, учебных заведениях и в заключении, не должны подвергаться дискриминации в связи с их статусом. (4) Дети и молодежь – жертвы торговли людьми или сексуальной эксплуатации, пострадавшие от ВИЧ/ СПИД-инфекции, признаются жертвами. (5) ВИЧ-позитивные женщины имеют право на получение бесплатных контрацептивов, в том числе до- бровольную стерилизацию после надлежащего консультирования.
Статья 7. Предупреждение ВИЧ/СПИД-инфекции среди потребителей инъекционных наркотиков (1) Заинтересованные министерства, другие центральные административные органы, деконцентриро- ванные и децентрализованные публичные санитарные службы разрабатывают воспитательные и реабили- тационные (медицинские и социальные) программы, предназначенные для потребителей инъекционных наркотиков, с целью снижения потребления наркотиков, предупреждения ВИЧ/СПИД-инфекции среди по- требителей, их привлечения к заместительному лечению на добровольных началах. (2) Заинтересованные министерства, другие центральные административные органы, органы местно- го публичного управления, деконцентрированные и децентрализованные публичные санитарные службы реализуют воспитательные и реабилитационные (медицинские и социальные) программы, предназначен-
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ные для потребителей инъекционных наркотиков, обеспечивая полный территориальный охват этими про- граммами и широкий доступ к материалам профилактического характера. (3) Программы снижения вреда включают воспитательные, информационные, профилактические меро- приятия и консультации. (4) Заместительное лечение с применением метадона проводится в условиях конфиденциальности лицам, которые дали добровольное согласие на такой вид лечения и которые отвечают критериям отбора.
Статья 8. Предупреждение ВИЧ/СПИД-инфекции среди военнослужащих Министерство обороны, Министерство внутренних дел и Пограничная служба разрабатывают и реали- зуют действенные программы по предупреждению ВИЧ/СПИД-инфекции путем пропаганды безопасного и ответственного поведения, разрабатывают минимальные стандарты знаний и включают эти программы в процесс подготовки личного состава.
Статья 9. Деятельность по предупреждению ВИЧ/СПИД-инфекции в пенитенциарных учреждениях Министерство юстиции обеспечивает: a) обучение и воспитание персонала и заключенных с целью повышения их компетентности и знаний в области предупреждения ВИЧ/СПИД-инфекции, формирования безопасного и ответственного поведения, до- и послетестового консультирования, тестирования на маркеры ВИЧ; b) реализацию программ снижения вреда путем бесплатного предоставления дезинфектантов, шприцов и презервативов в пенитенциарных учреждениях; c) доступ к бесплатному АРВ-лечению и бесплатному лечению оппортунистических болезней.
Статья 10. Предупреждение ВИЧ/СПИД-инфекции среди иммигрантов, эмигрантов, беженцев и лиц, ищущих убежища (1) Заинтересованные министерства, другие центральные административные органы, децентрализован- ные и деконцентрированные публичные санитарные службы разрабатывают и реализуют профилактиче- ские программы, призванные развивать минимальные знания о ВИЧ/СПИД-инфекции и соответствующие навыки среди иммигрантов, эмигрантов, беженцев и лиц, ищущих убежища, и предоставляют им информа- ционные материалы. (2) Министерство здравоохранения совместно с другими министерствами и центральными админи- стративными органами организует мероприятия по предупреждению ВИЧ/СПИД-инфекции, оказанию со- циальной и материальной помощи иммигрантам, эмигрантам, беженцам и лицам, ищущим убежища. (3) Иммигранты, эмигранты, беженцы и лица, ищущие убежища, имеют право на АРВ-лечение и лече- ние оппортунистических болезней в соответствии с законом.
Глава IV ДОБРОВОЛЬНОЕ КОНСУЛЬТИРОВАНИЕ И ТЕСТИРОВАНИЕ Статья 11. Доступ к тестированию (1) Гражданам Республики Молдова, иностранным гражданам и лицам без гражданства, имеющим по- стоянное место жительства или временно находящимся на территории Республики Молдова, предоставля- ется право на бесплатное медицинское обследование, в том числе анонимное, с целью раннего выявления ВИЧ-инфекции и заболевания СПИД. (2) Тестирование на маркеры ВИЧ проводится при обращении граждан в соответствии с правилами медицинского обследования и наблюдения, разработанными и утвержденными Министерством здравоох- ранения согласно настоящему закону.
Статья 12. Лаборатории и центры консультирования и тестирования (1) Оказание услуг по до- и послетестовому консультированию осуществляется в уполномоченных и аккредитованных публичных и частных медико-санитарных учреждениях, а также в службах здоровья для молодежи, аккредитованных в порядке, установленном законом. Консультанты должны обладать уровнем знаний, соответствующим стандартам, установленным Министерством здравоохранения. (2) Тестирование крови на маркеры ВИЧ проводится в лабораториях публичных медико-санитарных учреждений и центров превентивной медицины Министерства здравоохранения, аккредитованных в по- рядке, установленном законом.
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Статья 13. Согласие на тестирование на маркеры ВИЧ (1) Тестирование на маркеры ВИЧ проводится только на основе выраженного в письменной форме до- бровольного и осознанного согласия лица. (2) При тестировании несовершеннолетнего добровольное согласие на тестирование на маркеры ВИЧ выражается в письменной форме как самим несовершеннолетним, так и его законным представителем. При невозможности получения согласия законного представителя достаточно получить письменное согласие несовершеннолетнего, если тестирование ему необходимо. (3) Для тестирования на маркеры ВИЧ умственно отсталого лица необходимо его письменное согласие. (4) В случае госпитализации недееспособного лица в специализированное медицинское учреждение от- ветственным за принятие решения о тестировании на маркеры ВИЧ является его законный представитель.
Статья 14. Конфиденциальность (1) Право на конфиденциальность гарантируется лицам, желающим пройти тестирование на маркеры ВИЧ, и лицам с установленным диагнозом ВИЧ. (2) Результат тестирования на маркеры ВИЧ является конфиденциальным и может быть сообщен только следующим лицам: a) обследуемому лицу; b) родителям или опекунам обследуемого несовершеннолетнего; c) законному представителю недееспособного лица; d) руководителю медико-санитарного учреждения, в котором была взята проба крови; e) руководителю публичного медико-санитарного учреждения по месту жительства обследуемого лица (семейному врачу); f) судье, который принял решение об обязательном тестировании в соответствии со статьей 15. (3) Лица с установленным ВИЧ-позитивным статусом письменно извещаются медико-санитарным учреждением о необходимости соблюдения правил о предупреждении распространения ВИЧ/СПИД- инфекции, а также об уголовной ответственности за заведомое поставление другого лица в опасность за- ражения или за умышленное заражение другого лица. (4) Любое ВИЧ-инфицированное лицо обязано сообщить о своем статусе супругу (супруге) или партнеру. (5) Медицинский персонал вправе сообщить супругу (супруге) или партнеру о ВИЧ-позитивном статусе пациента только после изучения обстоятельств каждого случая в отдельности с точки зрения медицинской этики и конфиденциальности, если: a) ВИЧ-позитивное лицо получило надлежащее консультирование; b) консультирование ВИЧ-позитивного лица не привело к положительному изменению поведения в сто- рону снижения риска инфицирования; c) ВИЧ-позитивное лицо отказывается уведомить или дать согласие на уведомление супруга (супруги) или партнера о своем статусе; d) существует реальный риск передачи ВИЧ-инфекции; e) истек разумный срок, предоставленный предварительно проинформированному ВИЧ-позитивному лицу для сообщения своего статуса. (6) Медицинские работники и другие лица, которые в силу служебных обязанностей владеют информа- цией о результатах медицинского обследования на заражение ВИЧ-инфекцией (заболевание СПИД), обяза- ны сохранять эти сведения в тайне. За разглашение этих сведений они привлекаются к административной ответственности в соответствии с действующим законодательством.
Статья 15. Запрещение обязательного тестирования на маркеры ВИЧ (1) Обязательное тестирование на маркеры ВИЧ как условие приема на работу, путешествия, доступа к медицинским услугам, приема в учебное заведение запрещено, за исключением случаев, предусмотренных законом. Запрещены любые формы скрытого тестирования. (2) Тестирование на маркеры ВИЧ обязательно: а) при донорстве крови, жидкостей, тканей и органов; b) на основании решения судебной инстанции в случае изнасилования или заведомого поставления дру- гого лица в опасность заражения, если обвиняемый не дает согласия на тестирование после надлежащего консультирования.
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Статья 16. Дозорный надзор (1) Дозорный надзор предполагает тестирование на маркеры ВИЧ образцов крови, отобранных в иных законных целях или непосредственно у лиц, принадлежащих к таким специфическим группам, как беремен- ные женщины, потребители внутривенных наркотиков, заключенные, для выявления тенденций эпидеми- ческого процесса ВИЧ-инфекции, обусловленного рискованным поведением. (2) Перед тестированием любая информация, которая позволяет идентифицировать обследуемых лиц, должна быть исключена. Органы здравоохранения информируются только о числе выявленных случаев ВИЧ без указания лиц.
Глава V МЕДИЦИНСКАЯ ПОМОЩЬ И ЛЕЧЕНИЕ Статья 17. Медицинское наблюдение ВИЧ-инфицированные лица и больные СПИДом подлежат медицинскому наблюдению.
Статья 18. Национальные протоколы лечения ВИЧ/СПИД-инфекции (1) Национальные протоколы ВИЧ-позитивных лиц и комплексного лечения больных СПИДом разра- батываются и утверждаются Министерством здравоохранения. Протоколы гарантируют доступ к медика- ментозным и больничным услугам. (2) Эти услуги включают: a) диагностику и лечение ВИЧ/СПИД-инфекции, оппортунистических болезней, инфекций, передаю- щихся половым путем, других инфекций и осложнений; b) лабораторные услуги; c) лечение ургентных случаев; d) психологическую помощь; e) социальную помощь; f) паллиативное лечение.
Статья 19. Доступ к АРВ-лечению и к другим видам лечения (1) Государство в рамках Национальной программы по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем, гарантирует бесплатный доступ ВИЧ-позитивных лиц к АРВ- лечению и лечению оппортунистических болезней в соответствии с клинико-иммунологическими показа- ниями. (2) ВИЧ-инфицированные лица и больные СПИДом имеют право на первичную медицинскую помощь в рамках Единой программы обязательного медицинского страхования в соответствии с действующим за- конодательством.
Статья 20. Паллиативное лечение лиц, инфицированных ВИЧ/СПИДом (1) Министерство здравоохранения разрабатывает стандарты паллиативного лечения в условиях ста- ционара и на дому. (2) Министерство здравоохранения и Министерство социальной защиты, семьи и ребенка координиру- ют на национальном уровне развитие услуг паллиативного лечения. (3) Врачи информируют членов семьи ВИЧ-позитивных лиц, по их просьбе, о паллиативной помощи.
Статья 21. Профилактика передачи ВИЧ/СПИД-инфекции от матери плоду (1) Все беременные женщины имеют доступ к бесплатному консультированию и тестированию на мар- керы ВИЧ. (2) ВИЧ-позитивным беременным и их новорожденным детям гарантирован бесплатный доступ к про- филактическому АРВ-лечению. (3) Новорожденные дети ВИЧ-позитивных матерей обеспечиваются бесплатным искусственным пита- нием.
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Глава VI ЗАПРЕЩЕНИЕ ДИСКРИМИНАЦИИ Статья 22. Запрещение дискриминации в сфере труда (1) Запрещены любые формы дискриминации по причине ВИЧ-позитивного статуса на всех этапах тру- доустройства, продвижения по службе или распределения служебных обязанностей в любой сфере деятель- ности государственного или частного сектора, при выборах или назначении на государственную должность. (2) Лица с ВИЧ-позитивным статусом, занятые в любой сфере деятельности государственного или частного сектора, пользуются теми же правами, гарантиями и возможностями, что и остальные работники. (3) Не допускается увольнение по причине ВИЧ-позитивного статуса. (4) Перечень профессий и специальностей, к которым не допускаются лица с ВИЧ-позитивным стату- сом, утверждается Министерством здравоохранения и Министерством социальной защиты, семьи и ребен- ка. (5) Жертвы дискриминации имеют право обращаться в судебные инстанции для возмещения морально- го и материального ущерба. (6) В зависимости от стадии инфекции ВИЧ-инфицированные лица или больные СПИДом имеют право на услуги по профессиональной ориентации или переориентации в соответствии с законом.
Статья 23. Запрещение дискриминации в дошкольных учреждениях и учебных заведениях (1) Дошкольные учреждения и учебные заведения не имеют права отказывать в приеме, осуществлять сегрегацию или ограничивать участие в мероприятиях, включая спортивные, в получении услуг и распреде- лении благ, а также отчислять соответствующих лиц по причине ВИЧ-позитивного статуса. (2) Запрещена дискриминация родственников или партнеров ВИЧ-позитивных лиц.
Статья 24. Ограничения в поездках и выборе места жительства (1) Пребывание на территории Республики Молдова в течение более чем трех месяцев разрешается толь- ко лицам, предъявившим медицинское свидетельство о тестировании на маркеры ВИЧ с отрицательным результатом. (2) Лицо, не прошедшее тестирование на маркеры ВИЧ, обязано в течение первых 10 дней пребывания в Республике Молдова явиться в медико-санитарное учреждение для прохождения соответствующего тести- рования. Лица, предъявившие медицинское свидетельство о тестировании на маркеры ВИЧ или прошед- шие подобное тестирование в Республике Молдова, в дальнейшем подвергаются ему один раз в год. (3) Руководитель учреждения, хозяйствующий субъект или частное лицо, пригласившие иностранного гражданина, несут ответственность за наличие у него медицинского свидетельства о тестировании на мар- керы ВИЧ, а в случае его отсутствия – за своевременное направление в медико-санитарное учреждение для прохождения соответствующего тестирования.
Статья 25. Запрещение дискриминации в публичных, ведомственных и частных медико- санитарных и санаторно-курортных учреждениях (1) Любое лицо, независимо от ВИЧ-статуса, имеет равный доступ к медицинским услугам. (2) Не допускается отказ в госпитализации, приеме, доступе к медицинским услугам лиц с ВИЧ- позитивным статусом в публичных, ведомственных и частных медико-санитарных и санаторно-курортных учреждениях, а также требование от них дополнительной платы за оказание соответствующих услуг.
Статья 26. Запрещение дискриминации в доступе к услугам по страхованию, кредитованию или предоставлению займов Доступ ВИЧ-инфицированных лиц к услугам по страхованию (медицинскому страхованию, страхова- нию от несчастных случаев, страхованию жизни и др.), кредитованию, предоставлению займов не может быть ограничен по причине ВИЧ-позитивного статуса. Эти лица обязаны предоставлять информацию, не- обходимую для доступа к подобным услугам, и не должны скрывать или искажать информацию о своем ста- тусе. Запрещается отказ в предоставлении кредита или займа на основании соответствующего состояния здоровья.
Статья 27. Ответственность за несоблюдение прав лиц с ВИЧ-позитивным статусом Несоблюдение руководителями предприятий, независимо от вида собственности и организационно- правовой формы, дошкольных учреждений и учебных заведений, публичных, ведомственных и частных медико-санитарных и санаторно-курортных учреждений прав лиц с ВИЧ-позитивным статусом, а также
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ущемление их интересов влечет за собой ответственность руководителей в соответствии с действующим законодательством.
Глава VII ЮРИДИЧЕСКАЯ ПОМОЩЬ ЛИЦАМ С ВИЧ-ПОЗИТИВНЫМ СТАТУСОМ И ИХ ОТВЕТСТВЕННОСТЬ Статья 28. Доступ к юридической помощи и конфиденциальность процесса (1) Лица с ВИЧ-позитивным статусом имеют право на бесплатную юридическую помощь при обраще- нии в органы публичной власти и/или в судебные инстанции. Представительство на процессе является бес- платным. (2) Все заседания судебных инстанций, а также органов публичной власти с участием лиц с ВИЧ- позитивным статусом по их просьбе должны быть закрытыми.
Статья 29. Ответственность лиц с ВИЧ-позитивным статусом (1) Лица с ВИЧ-позитивным статусом своим ответственным и безопасным поведением должны способ- ствовать сохранению собственного здоровья и предупреждению передачи ВИЧ-инфекции. (2) Лицо, осознающее факт своего инфицирования ВИЧ и заведомо поставляющее другое лицо в опас- ность заражения, несет уголовную ответственность в соответствии с действующим законодательством.
Глава VIII ПРОФИЛАКТИКА НОЗОКОМИАЛЬНОГО ИНФИЦИРОВАНИЯ Статья 30. Обеспечение защиты пациентов Руководители публичных, ведомственных и частных медико-санитарных учреждений обязаны создать необходимые условия для предупреждения инфицирования пациентов ВИЧ: a) при проведении инструментальных и лабораторных обследований, включая тестирование на маркеры ВИЧ, а также при выполнении хирургических, гинекологических, стоматологических вмешательств, меди- цинских и косметологических процедур и манипуляций; b) при переливании крови, компонентов и препаратов крови.
Статья 31. Обеспечение защиты медицинских работников (1) Министерство здравоохранения разрабатывает универсальные стандарты безопасности по профи- лактике инфицирования ВИЧ. (2) Соблюдение указанных в части (1) универсальных стандартов является обязательным условием ока- зания услуг медицинской помощи, других услуг, предполагающих контакт с кровью и другими биологиче- скими жидкостями человеческого организма. (3) Обучение медицинского персонала в данной области осуществляется администрацией публичных медико-санитарных учреждений и владельцами частных клиник. (4) Наличие необходимого инвентаря (одноразовые шприцы, стерилизаторы, устройства для обработки, перчатки и др.) является обязательным условием аккредитации и реаккредитации соответствующих учреж- дений.
Статья 32. Доступ к наборам постконтактной профилактики Лица, подвергшиеся риску заражения ВИЧ в процессе осуществления своей профессиональной деятель- ности, и жертвы сексуального насилия обеспечиваются бесплатно наборами постконтактной профилакти- ки в публичных медико-санитарных учреждениях.
Статья 33. Гарантии в случае нозокомиального инфицирования (1) Граждане Республики Молдова в случае заражения ВИЧ при переливании крови и проведении меди- цинских вмешательств и манипуляций обеспечиваются пенсией в соответствии с действующим законода- тельством. (2) Возмещение морального и материального ущерба, причиненного в результате инфицирования ВИЧ, возлагается на медико-санитарное учреждение, в котором произошло заражение. (3) Заражение ВИЧ медицинского персонала при исполнении служебных обязанностей относится к про- фессиональным заболеваниям.
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Глава IX ЗАКЛЮЧИТЕЛЬНЫЕ И ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ Статья 34. (1) Правительству в шестимесячный срок: a) представить Парламенту предложения по приведению действующего законодательства в соответ- ствие с настоящим законом; b) обеспечить пересмотр и отмену всеми министерствами и другими центральными административны- ми органами их нормативных актов, противоречащих настоящему закону. (2) Со дня вступления в действие настоящего закона признать утратившим силу Закон о профилактике заболевания СПИДом № 1460-XII от 25 мая 1993 года.
ПРЕДСЕДАТЕЛЬ ПАРЛАМЕНТА Мариан ЛУПУ Кишинэу, 16 февраля 2007 г. № 23-XVI.
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16. ПОСТАНОВЛЕНИЕ Пленума высшей судебной палаты республики молдова о практике применения законодательства по делам о торговле людьми и торговле детьми N 37 от 22.11.2004 г.*
Торговля людьми в своих разнообразных формах, в том числе торговля детьми, представляет собой те опасные преступления, которые существенным образом ведут к нарушению прав и свобод человека. В целях обеспечения правильного и единообразного применения законодательства о торговле людьми и торговле детьми, осознавая повышенную общественную гласность, которую представляют эти преступле- ния, а также исходя из необходимости защиты прав и интересов лиц, охраняемых законом, на основании ст.2 п.”е”, ст.16 п.”d” Закона о Высшей судебной палате и ст.39 УПК, Пленум постановляет дать следующие разъяснения: 1. По смыслу ст.ст.165, 206 Уголовного кодекса, исходя из международного законодательства в области, указанной в приложении, которое является составной частью данного постановления, Пленум разъясняет значение следующих терминов и выражений: а) понятие “торговля людьми” используется в значении: вербовка, перевозка, передача, укрывательство или получение лица в целях коммерческой или некоммерческой сексуальной эксплуатации, эксплуатации принудительного труда или услуг, эксплуатации в рабстве или условиях, сходных с рабством, использования в вооруженных конфликтах или в преступной деятельности, изъятия органов или тканей для транспланта- ции, совершенные путем угрозы применения или применения физического или психического насилия, не опасного для жизни и здоровья лица, в том числе путем похищения, изъятия документов и удержания лица в подневольном состоянии с целью погашения установленного в неразумных пределах долга; обмана; злоу- потребления уязвимостью положения или злоупотребления властью, дачи или принятия платежей либо выгод для получения согласия лица, контролирующего другое лицо, с применением насилия, опасного для жизни, физического или психического здоровья лица; с применением пыток, бесчеловечного или унижаю- щего достоинство обращения с целью подчинения лица либо с изнасилованием, использованием физиче- ской зависимости, оружия, угрозы сообщения конфиденциальной информации семье или другим лицам, а также других средств; b) “Торговлей детьми” признается вербовка, перевозка, передача, укрывательство или получение ребен- ка, а равно дача или принятие платежей или выгод для получения согласия лица, контролирующего ребен- ка, совершенные в целях: коммерческой и некоммерческой сексуальной эксплуатации в проституции или порнографической индустрии; эксплуатации принудительного труда или услуг; эксплуатации в рабстве или условиях, сходных с рабством, в том числе при незаконном усыновлении; использования в вооруженных конфликтах; использования в преступной деятельности; изъятия органов или тканей для трансплантации; оставления за границей; и те же действия, сопряженные: с применением физического или психического насилия над ребенком; с сексуальным злоупотреблением в отношении ребенка, его коммерческой и неком- мерческой сексуальной эксплуатацией; с применением пыток, бесчеловечного или унижающего достоин- ство обращения с целью подчинения ребенка либо с изнасилованием, использованием физической зави- симости, оружия, угрозы сообщения конфиденциальной информации семье ребенка или другим лицам; с эксплуатацией в рабстве или условиях, сходных с рабством; с использованием ребенка в вооруженных конфликтах; с изъятием органов или тканей для трансплантации; c) При юридической квалификации действий исполнителя деяния по ст.ст.165 и 206 Уголовного кодекса не учитывается согласие пострадавшего на его вербовку, перевозку, передачу, укрывательство или полу- чение, даже в случае, если ему сообщили о том, в каких целях он будет использован, а также о средствах, использованных в торговле; d) Вербовка, перевозка, передача, укрывательство или получение ребенка в целях, указанных в ст.206 УК, признаются “торговлей людьми”, даже в случае, если не было использовано ни одно из указанных средств. e) Термин “ребенок” обозначает лицо, не достигшее возраста 18 лет. f) Пострадавшими в “торговле людьми” признаются лица, которым был причинен вред личного либо коллективного характера, в том числе вред, повлекший психическое либо умственное расстройство, мате- риальные либо моральные потери, существенное нарушение основных прав и свобод путем действий или упущений, указанных в подпунктах а) и b) данного пункта.
* Бюллетень Высшей судебной палаты Республики Молдова, 2005 г., N 8, стр.24
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2. Диспозицией ст.ст.165 и 206 УК предусмотрены следующие преступные действия: a) вербовка; b) перевозка; c) передача; d) укрывательство; e) получение лица. 2.1. Эти действия совершаются в целях: a) коммерческой или некоммерческой сексуальной эксплуатации; b) эксплуатации принудительного труда или услуг, в рабстве или условиях, сходных с рабством; c) использования в вооруженных конфликтах или в преступной деятельности; d) изъятия органов или тканей для трансплантации. 2.2. При торговле детьми указанные Действия также совершаются в целях: a) проституции или порнографической индустрии; b) незаконного усыновления; c) оставления за границей. 2.3. Вышеуказанные преступные действия осуществляются путем: a) угрозы применения или применения физического либо психического насилия, не опасного для жизни и здоровья лица, в том числе путем похищения, изъятия документов и удержания лица в подневольном со- стоянии с целью погашения установленного в неразумных пределах долга; b) обмана; c) злоупотребления уязвимостью положения или злоупотребления властью; d) дачи или принятия платежей либо выгод для получения согласия лица, контролирующего другое лицо; e) применения насилия, опасного для жизни, физического или психического здоровья лица; f) применения пыток, бесчеловечного или унижающего достоинство обращения с целью подчинения лица либо с изнасилованием, использованием физической зависимости, оружия, угрозы сообщения конфи- денциальной информации семье или другим лицам, а также других средств. Для реализации объективной стороны торговли людьми достаточно наличие не менее одного из указан- ных преступных действий (бездействий), совершенных с не менее одной из перечисленных целей, а также с использованием хотя бы одного из вышеуказанных средств. 3. При интерпретации действий, связанных с торговлей, следует иметь в виду следующие разъяснения: 3.1. Вербовка с целью торговли людьми предполагает вовлечение лиц путем отбора в деятельность, пре- допределенную целями, указанными в ст.165 и ст.206 УК. В случае вербовки не имеют значение обстоятельства, при которых она осуществлялась: в местах от- дыха, путем не обусловленных сетей, путем предложения рабочих мест либо обучения, путем заключения фиктивного брака и т.д. Средства вербовки осуществляются путем принуждения, похищения, частичного или абсолютного об- мана и т.п. 3.2. Под перевозкой следует понимать перемещение лица из одного места в другое на территории госу- дарства либо за границу, пешком или используя различные транспортные средства. 3.3. Передача лица - это передача пострадавшего одним лицом другому путем купли-продажи, обмена, арен- ды, передачи в счет долга, дарения или посредством других подобных возмездных либо безвозмездных сделок. 3.4. Укрывательство пострадавшего – это помещение пострадавшего в укромное место во избежание его обнаружения представителями государственных органов или третьими лицами, способными донести на торговца людьми. 3.5. Получение пострадавшего - это принятие пострадавшего от торговли одним лицом от лица, пере- давшего его путем купли-продажи, обмена, аренды, передачи в счет долга, дарения или посредством других подобных возмездных либо безвозмездных сделок. 4. Цели, указанные в ст.ст.165 и 206 УК, истолковываются следующим образом: 4.1. Под сексуальной эксплуатацией следует понимать принуждение лица к занятию проституцией либо к другим действиям сексуального характера. Под коммерческой сексуальной эксплуатацией подразумевается прибыльная деятельность, вследствие которой увеличиваются имущественные активы исполнителя деяния либо других лиц за счет принудитель- ного использования пострадавшего в проституции или порнографической индустрии. Под некоммерческой сексуальной эксплуатацией подразумевается деятельность, которая не сказывается прямым образом на размер имущества исполнителя деяния либо других лиц, что проявляется в браке (в том числе и полигамия), конкубинат либо другие подобные виды сожительства и др.
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4.2. В соответствии с требованиями Конвенции Международной организации труда о принудительном или обязательном труде эксплуатацией принудительного труда или услуг является: а) принудительное скло- нение пострадавшего к выполнению работы, которую по собственному желанию и воле он бы не выполнял; b) создание ситуации, когда пострадавший вынужден выполнять работу, которую не обязан выполнять; с) удержание лица в подневольном состоянии с целью погашения долга; d) получение работы либо услуг пу- тем обмана, принуждения, насилия или угрозы применения насилия. 4.3. Рабство — это состояние или положение лица, в отношении которого действуют одна или все силы, вытекающие из права собственности. Условиями, сходными с рабством, являются поставление или удержание лица в условиях, когда другое лицо владеет им, либо воздействие на лицо с использованием силы или принуждения, обмана или угрозы насилием для получения определенных услуг, в том числе с целью вступления в сожительство или в брак либо удержания в сожительстве или в браке. 4.4. Под использованием пострадавшего в вооруженных конфликтах следует понимать его принудитель- ное вовлечение в вооруженные действия. 4.5. Использованием в преступной деятельности является принуждение к совершению преступлений. 4.6. Изъятие органов или тканей для трансплантации происходит в случае, когда пострадавшего обя- зали пойти на изъятие органов, тканей или других частей тела вопреки требованиям Закона о транспланта- ции органов и тканей человека (О.М., № 94-95/ 474 от 26.08.1999 года). 4.7. Оставление ребенка за границей, предусмотренное ст.206 УК, заключается в оставлении ребенка на территории чужого государства без его возвращения на территорию Республики Молдова. Оставление мо- жет быть следствием как законного, так и незаконного вывоза ребенка из Республики Молдова. 5. Средства осуществления торговли людьми интерпретируются следующим образом: 5.1. Физическое насилие, не опасное для жизни и здоровья лица, заключается в умышленном причинении телесных повреждений, влекущих за собой не кратковременное расстройство здоровья или незначитель- ную потерю, а основательную потерю трудоспособности, либо умышленное нанесение ударов или совер- шение других насильственных действий, причинивших физическую боль, однако вследствие которых не возникла опасность для жизни и здоровья пострадавшего. Данные требования предусмотрены Правилами судебно-медицинского определения степени тяжести вреда здоровью (О.М., № 170-172 от 08.08.2003 года). 5.2. Психическое насилие заключается в угрозе психике лица, вследствие которой пострадавший не мо- жет свободно руководить своей волей и совершает действия пожеланию торговца людьми. 5.3. Под насилием, опасным для жизни и физического либо психического здоровья лица, следует понимать: умышленное причинение тяжкого телесного повреждения или телесного повреждения средней тяжести, предусмотренные ст.ст.151 и 152 УК. Если насилие, примененное в связи с торговлей людьми, заключается в умышленном причинении тяж- кого телесного повреждения или иного тяжкого вреда здоровью, содеянное квалифицируется по совокуп- ности преступлений по ст.165 либо в случае необходимости по ст.ст.206 и 151 Уголовного кодекса. В ряд вышеуказанных опасных действий входят повреждения, которые сами по себе опасны для жизни пострадавшего в момент их причинения либо которые в ходе своего нормального развития при отсутствии надлежащего лечения могут вызвать или вызывают смерть пострадавшего. 5.4. Похищение человека предполагает действия, совершенные вопреки желанию или воле жертвы, со- пряженные с переменой места проживания или временного нахождения с лишением свободы. Захват, принудительная перемена места проживания с лишением свободы пострадавшего являются обя- зательными средствами совершения торговли людьми путем похищения. Похищение человека предполагает наличие следующих трех последовательных этапов: а) захват пострадавшего; б) перемещение с его постоянного или временного места жительства, работы, отдыха, прохождения ле- чения и т.п.); с) задержание лица с лишением свободы вопреки воле пострадавшего или без учета его воли. 5.5. Изъятием документов является лишение пострадавшего любым путем документов, удостоверяющих его личность, путевок и др. (паспорта, удостоверения личности, разрешения на проживание, путевок и т.п.). 5.6. Удержание лица в подневольном состоянии (состояние зависимости) предполагает ситуацию, когда пострадавший лишен свободы, в том числе свободы передвижения, содержится в качестве заложника до момента погашения им либо третьим лицом законно или незаконно установленного долга. 5.7. Обман заключается в введении в заблуждение и причинении вреда лицу путем представления лож- ных либо искаженных фактов с целью осуществления торговли людьми в личных интересах или в интере- сах третьих лиц.
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Обман как метод совершения преступления может проявляться как посредством активных действий, состоящих в сообщении ложной информации об определенных обстоятельствах либо деяниях, так и по- средством бездействия, состоящего в сокрытии, утаивании обстоятельств либо реальных фактов (напри- мер, ложные обещания по поводу законного рабочего места, сокрытие действительных условий, в которых пострадавший будет вынужден работать и т.д.) 5.8. Злоупотребление уязвимостью положения (ст.165 ч.1 п.”с”) заключается в использовании торгов- цем людьми особенного положения, в котором находится лицо из-за: а) своего ненадежного социального уровня жизни; б) положения, возникшего в связи с беременностью, болезнью, увечьем, физическим либо умственным недостатком; с) своего ненадежного положения, связанного с незаконным въездом либо пребыванием в стране, тран- зитом либо назначением. Уязвимое положение может быть обусловлено такими факторами как: изолирование пострадавшего, его тяжелое экономическое положение, психика, семейные проблемы либо отсутствие социальных ресурсов и т.д. Злоупотребление уязвимостью положения пострадавшего является элементом торговли людьми. Под уязвимым положением следует понимать любой тип уязвимости: психическую, эмоциональную, семейную, общественную либо экономическую. Имеется в виду совокупность отчаянных положений, которая может заставить человека согласиться быть эксплуатированным. 5.9. Злоупотреблением властью является превышение специальным субъектом - должностным лицом, представляющим публичную власть, своих полномочий, предоставленных ему законом. В этом случае не- обходима дополнительная квалификация по ст.327 Уголовного кодекса. 5.10. Дача или принятие платежей либо выгод для получения согласия лица, контролирующего другое лицо - это соглашение, заключенное между указанными лицами, заинтересованными в получении согласия на передачу пострадавшего и на его использование в целях, предусмотренных ст.ст.165, 206 УК, Лицом, контролирующим другое лицо, является лицо, которое законно либо незаконно контролирует деятельность пострадавшего, используя эту власть в процессе торговли. 5.11. Термин “пытка” как один из методов торговли людьми означает любое Действие, которым чело- веку умышленно причиняют как физические, так и психические большие мучения либо серьезную боль. Пытка - это умышленное причинение мучений либо серьезной физической или психической боли в вы- шеуказанных целях. Различие между пыткой и другими видами жестокого обращения устанавливается исходя из интенсив- ности причиненной боли. Тяжесть или интенсивность причиненной боли определяется следующими фак- торами: продолжительностью; физическими или психическими последствиями; полом, возрастом и состоя- нием здоровья пострадавшего; способом и методом исполнения. Физическое и психическое насилие в совокупности примененное к лицу с особой суровостью и жесто- костью, а также причинившее большие страдания и боль, квалифицируется как пытка по смыслу ст.165 УК (лишение сна, пищи и воды, термическая, химическая каутеризация, запугивание, лишение лица медицин- ской помощи, предметов личной гигиены и др.). Пытка является отягчающей и умышленной формой бесчеловечного и унижающего достоинство обращения. По смыслу ст.165 УК бесчеловечным обращением является совокупность действий, примененных к лицу с целью его подчинения. Под бесчеловечным обращением подразумевается любое обращение, иное чем пытка, способное умышленно вызвать неоправданные ужасные физические или психические страдания. Унижающим достоинство обращением является любое обращение, иное чем пытка, которое грубым об- разом унижает лицо перед другими лицами, либо заставляет его действовать вопреки своей воле и сове- сти, или способное вызвать у пострадавшего чувство страха, неполноценности, тревоги, способное унизить лицо и подавить его физическое, а также моральное сопротивление с целью подчинения пострадавшего. 5.12. Под изнасилованием при торговле людьми следует понимать покушение торговца людьми на обще- ственные отношения, касающиеся свободы и неприкосновенности интимной жизни лица в независимости от пола с целью эксплуатации людей, и эти действия не требуют дополнительной юридической квалифика- ции по ст.171 Уголовного кодекса. Под сексуальным злоупотреблением в отношении ребенка следует понимать насильственные действия сексуального характера, принуждение к действиям сексуального характера, развратные действия. Подоб- ные действия не требуют дополнительной юридической квалификации по ст.ст.172, 173, 175 УК. 5.13. Физическая зависимость - это физическое или психическое состояние, вытекающее из взаимо- действия организма пострадавшего с наркотическими либо психотропными веществами, состояние ха- рактеризуемое изменениями, возникаемыми в поведении, и другими реакциями, всегда сопряженными с необходимостью продолжительного или периодичного принятия таких веществ для того, чтобы вновь по- чувствовать их психический эффект, а иногда во избежание страданий.
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6. Согласно ч.ч.2 и 3 ст.ст.165 и 206 УК уголовная ответственность наступает в случаях, когда диспозиции частей 1 этих статей сопряжены соответствующими квалификационными признаками. 6.1. Повторным преступлением признается совершение двух или более преступлений торговли людьми, за которые лицо не было осуждено, и не истек срок их давности. Любые другие лица, участвующие в совершении преступления, проходят в качестве организаторов, под- стрекателей, пособников или соисполнителей. 6.2. Торговля людьми признается совершенной заведомо в отношении беременной женщины в случае если исполнитель деяния знал о беременности пострадавшей. В случае, если в момент совершения деяния торговец людьми не знал о том, что пострадавшая бере- менна, деяния, совершенные при отсутствии других отягчающих обстоятельств, следует квалифицировать просто как торговлю людьми. 6.3. По смыслу п.”f ” ч.2 ст.165 применением оружия является использование любого вида оружия, в том числе огнестрельного оружия, холодного оружия либо другого вида оружия, потому как законодатель не указал тип примененного оружия. Использование в ходе торговли людьми других предметов в качестве оружия не может служить основанием, отягчающим уголовную ответственность по ч.2 ст.ст.165 и 206 УК. Под применением оружия следует понимать его использование с целью устранения пострадавшего либо лиц, попытавшихся освободить пострадавшего (произведение прицельных выстрелов, нанесение ударов холодным оружием, показ оружия в целях запугивания, приближение оружия к шее пострадавшего, произ- ведение выстрела в непосредственной близости к нему и т.д.). 6.4. Угрозой сообщения конфиденциальной информации является использование конфиденциальных данных с целью запугивания пострадавшего в качестве механизма контролирующего его (угроза сообще- ния информации интимного характера его семье и т.п.). 6.5. Организованной преступной группой или преступной организацией, предусмотренными ч.3 ст.165 УК, признаются преступные объединения, которые соответствуют признакам, предусмотренным ст.ст.46, 47 УК. Согласно Конвенции Организации Объединенных Наций против транснациональной организован- ной преступности от 15 ноября 2000 года организованной преступной группой является группа в составе 3 или более лиц, действующих вместе определенный период времени с целью совершения одного или не- скольких тяжких преступлений, указанных в этой Конвенции, а также с целью прямого или косвенного получения денежной прибыли или извлечения другой материальной выгоды. 7. Любая форма соучастия в торговле людьми инкриминируется в соответствии с требованиями Главы 4 Уголовного кодекса, Общей части. 8. Приготовление и покушение на торговлю людьми квалифицируются по ст.ст.26, 27 Уголовного кодекса. 9. В случае если одновременно с торговлей были совершены и другие действия, посягавшие на иные социальные отношения, действия, которые не включены в диспозиции ст.ст.165, 206 УК, данные действия следует квалифицировать отдельно, по совокупности преступлений, в том числе торговля. 10. Торговля людьми равно как и торговля детьми входит в формальный состав преступления и считает- ся поглощенной в момент совершения не менее одного действия, указанного в ст.ст.165 и 206 УК, даже если не наступили какие-либо пагубные последствия. 11. Субъективная сторона торговли людьми характеризуется прямым умыслом. 12. Субъектом преступлений, предусмотренных ст.ст.165 и 206 УК, может быть любое вменяемое физи- ческое лицо, которое достигло 16 лет. Специальным субъектом преступления, предусмотренного ст.206 УК, признается вменяемое лицо, у ко- торого на момент совершения преступления, предусмотренного ч.1 п. “g” - оставление ребенка за границей, ребенок на законных основаниях находился на иждивении либо под присмотром. 13. Правовой объект преступления, предусмотренного ст.165 УК, составляют общественные отношения, нормальное развитие которых обусловлено свободой личности. 14. Правовой объект преступления, предусмотренного ст.206 УК, составляют отношения, касающиеся нормального физического и психического развития ребенка, его индивидуальной свободы. 15. Согласно ст.220 УК сутенерство предполагает незаконные действия сутенера, содействующего про- ституции для извлечения личной материальной выгоды из этого занятия. Указанная деятельность осущест- вляется путем: a) побуждения или склонения к проституции; b) содействия проституции; c) получения выгоды вследствие занятия проституцией; d) вербовки лиц для занятия проституцией. В случае сутенерства проститутка не является пострадавшей, так как отношения проститутки и сутене- ра строятся на добровольных началах.
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Сутенерство является преступлением против общественного здоровья и общежития, что и разграничи- вает сутенерство от торговли людьми. 16. Различие между торговлей людьми, торговлей детьми и незаконным переходом государственной гра- ницы состоит в их объекте, а именно незаконный переход государственной границы посягает на нормаль- ное осуществление деятельности органов публичной власти и государственной безопасности, в то время как торговля людьми и детьми является преступлением против личности. Объективная сторона незаконного перехода государственной границы по смыслу ст.362 УК состоит в незаконном переходе государственной границы, охраняемой на суше, в воде, а также в воздушном про- странстве без необходимых на это документов, надлежащего разрешения либо в запретных зонах. При торговле людьми и детьми перемещение лиц через границу может осуществляться как законным, так и незаконным путями. 17. В соответствии с требованиями ст.23 УПК судебным инстанциям надлежит предпринять конкрет- ные действия, основанные на законе, в целях обеспечения прав и защиты жертвы с учетом специфики рас- смотрения уголовных дел о торговле людьми, препятствуя возникновению ситуаций, в которых лицо снова может оказаться пострадавшим, тактично оказывая адекватную поддержку, осознавая необходимость пси- хологической, медицинской и социальной реабилитации пострадавшего, а также его восстановления после травматического стресса. Органам уголовного преследования и инстанциям следует предпринимать все необходимые меры для обеспечения безопасности и полной защиты пострадавшего, а также свидетелей в случае расправы и воз- можного запугивания, во избежание влияния дельцов. В случае необходимости пострадавшему юридиче- ская помощь оказывается назначенным инстанцией адвокатом. 18. Апелляционным и кассационным инстанциям необходимо предпринимать соответствующие меры по улучшению осуществления правосудия по делам о торговле людьми, а также по устранению допущенных судебных ошибок.
Председатель Высшей судебной палаты Валерия Штербец
Кишинэу, 22 ноября 2004 года, № 37.
134 дополнительные нормативные акты
17. ПОСТАНОВЛЕНИЕ об утверждении персонального состава Национального комитета по борьбе с торговлей людьми, Положения о Национальном комитете и Национального плана действий по предотвращению и борьбе с торговлей людьми N 472 от 26.03.2008 [Название изменено Пост.Прав. N 835 от 13.09.2010, в силу 24.09.2010]
Мониторул Офичиал N 69-71/453 от 04.04.2008
*** На основании Закона № 241-XVI от 20 октября 2005 года о предотвращении торговли людьми (Офици- альный монитор Республики Молдова, 2005 г., № 164-167, ст.812) Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить: персональный состав Национального комитета по борьбе с торговлей людьми согласно приложению № 1; Положение о Национальном комитете по предотвращению и борьбе с торговлей людьми согласно при- ложению № 2; Национальный план действий по борьбе с торговлей людьми на 2010-2011 годы согласно приложению № 3. [Пкт.1 изменен Пост.Прав. N 835 от 13.09.2010, в силу 24.09.2010] 11. Национальному комитету по борьбе с торговлей людьми в его деятельности будет содействовать секретариат, сформированный из представителей Министерства труда, социальной защиты и семьи, Ми- нистерства юстиции и Министерства просвещения, руководимый секретарем Национального комитета – представителем Центра по борьбе с торговлей людьми Министерства внутренних дел. [Пкт.11 введен Пост.Прав. N 795 от 03.12.2009, в силу 08.12.2009] 2. Министерствам, другим центральным административным органам и органам местного публичного управления, ответственным за внедрение и исполнение намеченных мероприятий, представлять Прави- тельству полугодовые отчеты о выполнении Национального плана действий по борьбе с торговлей людьми на 2010-2011 годы. [Пкт.2 изменен Пост.Прав. N 835 от 13.09.2010, в силу 24.09.2010] 3. Установить, что в случае освобождения членов Национального комитета от занимаемой должности их функции в составе комитета будут выполнять вновь назначенные на соответствующие должности лица без издания нового постановления Правительства. 4. Признать утратившим силу Постановление Правительства № 1219 от 9 ноября 2001 г. «Об утверж- дении персонального состава Национального комитета по борьбе с контрабандой людей и Национально- го плана мероприятий по борьбе с контрабандой людей», с последующими дополнениями и изменениями (Официальный монитор Республики Молдова, 2001 г., № 136-138, ст.1274).
ПРЕМЬЕР-МИНИСТР Василе ТАРЛЕВ Контрассигнуют: зам.премьер-министра Виктор Степанюк зам.премьер-министра, министр иностранных дел и европейской интеграции Андрей Стратан министр социальной защиты, семьи и ребенка Галина Балмош министр внутренних дел Георге Папук министр просвещения и молодежи Виктор Цвиркун министр здравоохранения Ион Абабий министр культуры и туризма Артур Козма министр информационного развития Владимир Моложен министр финансов Михаил Поп Кишинэу, 26 марта 2008 г., 472.
135 Торговля людьми и равенство полов в Молдове
Приложение № 1 к Постановлению Правительства № 472 от 26 марта 2008 г.
ПЕРСОНАЛЬНЫЙ СОСТАВ Национального комитета по борьбе с торговлей людьми
ЛЯНКЭ Юрие – заместитель премьер-министра, министр иностранных дел и европейской инте- грации (председатель Национального комитета) БУЛИГА Валентина – министр труда, социальной защиты и семьи (заместитель председателя Нацио- нального комитета) КАТАН Виктор – министр внутренних дел (заместитель председателя Национального комитета) БУБУЙОК Мария – начальник службы, Центр по борьбе с торговлей людьми, Министерство вну- тренних дел (секретарь Национального комитета) ЗУБКО Валериу – Генеральный прокурор МИХАЙ Георге – директор Службы информации и безопасности ТЭНАСЕ Александру – министр юстиции ФОКША Борис – министр культуры ХОТИНЯНУ Владимир – министр здравоохранения БУЖОР Леонид – министр просвещения ОЛЕЙНИК Александру – министр информационных технологий и связи ЧЕБАНУ Ион – министр молодежи и спорта НЕГРУЦА Вячеслав – министр финансов ФОРМУЗАЛ Михаил – Глава (Башкан) автономно-территориального образования Гагаузия (Гагауз Ери) РИКИЧИНСКИ Юрие – секретарь Высшего совета безопасности ХЫНКУ Валериу – директор Центра по борьбе с торговлей людьми, Министерство внутренних дел РОЙБУ Алексей – генеральный директор Пограничной службы [Приложение N 1 изменено Пост.Прав. N 835 от 13.09.2010, в силу 24.09.2010] [Приложение N 1 в редакции Пост.Прав. N 795 от 03.12.2009, в силу 08.12.2009] [Приложение N 1 изменено Пост.Прав. N 1256 от 11.11.2008, в силу 14.11.2008]
Приложение № 2 к Постановлению Правительства № 472 от 26 марта 2008 г.
ПОЛОЖЕНИЕ о Национальном комитете по борьбе с торговлей людьми 1. Национальный комитет по борьбе с торговлей людьми (в дальнейшем – Национальный комитет) яв- ляется постоянным консультативным органом Правительства, созданным в целях координации деятель- ности по предотвращению и борьбе с торговлей людьми. 2. В состав Национального комитета входят представители органов публичной власти, в том числе пра- воохранительных органов и других структур, которые осуществляют деятельность по предотвращению и борьбе с торговлей людьми. 3. Комитет образован из представителей: Министерства внутренних дел; Министерства юстиции; Министерства здравоохранения; Министерства социальной защиты, семьи и ребенка; Министерства иностранных дел и европейской интеграции; Министерства просвещения и молодежи;
136 дополнительные нормативные акты
Министерства информационного развития; Министерства культуры и туризма; Министерства местного публичного управления; Пограничной службы; Лицензионной палаты; Аппарата Президента Республики Молдова; Генеральной прокуратуры; Службы информации и безопасности. 4. Представители неправительственных и международных организаций, которые имеют свои предста- вительства в Республике Молдова и осуществляют деятельность в области борьбы с торговлей людьми и оказания помощи жертвам торговли людьми, могут участвовать в работе заседаний Национального коми- тета с правом консультативного голоса. 5. Национальный комитет имеет следующие обязанности: представляет Правительству предложения о принципах государственной политики в области предот- вращения и борьбы с торговлей людьми и рекомендации, направленные на улучшение деятельности по выявлению и ликвидации причин и условий, способствующих возникновению торговли людьми и осущест- влению деятельности по торговле людьми; осуществляет мониторинг по реализации мер, предусмотренных Национальным планом по предотвра- щению и борьбе с торговлей людьми на 2008-2009 годы (в дальнейшем – Национальный план) и положений законодательства в области предотвращения и борьбы с торговлей людьми государственными учреждения- ми и организациями; собирает и анализирует информацию о масштабах, состоянии и тенденциях в области торговли людьми на национальном уровне; разрабатывает предложения по усовершенствованию законодательства в области предотвращения и борьбы с торговлей людьми и защиты жертв такой торговли; организует кампании по информированию населения о проблеме, которую представляет собой торговля людьми, и о социальной опасности данного явления; координирует деятельность территориальных комиссий и специализированных учреждений по реали- зации мероприятий Национального плана, а также по другим вопросам, связанным с предупреждением и борьбой с торговлей людьми; оценивает и периодически осуществляет мониторинг процесса реализации Национального плана и ин- формирует о его результатах Правительство и гражданское общество. 6. Национальный комитет возглавляет заместитель премьер-министра. Председатель Национального комитета представляет комитет в отношениях с органами публичного управления страны, а также в между- народных отношениях. 7. Председатель Национального комитета осуществляет следующие основные обязанности: обеспечивает выполнение функций Национального комитета; утверждает повестку дня и график заседаний; созывает и председательствует на заседаниях Национального комитета; подписывает решения Национального комитета; подписывает приглашения представителям неправительственных и международных организаций для участия в заседаниях Национального комитета. 8. В отсутствие председателя его обязанности исполняет заместитель председателя Национального ко- митета. 9. Организационная деятельность Национального комитета обеспечивается его секретарем. 10. Секретарь Национального комитета: подготавливает предложения по повестке дня и график заседаний Национального комитета; организует заседания Национального комитета, выполняет работу секретариата; организует деятельность по выполнению решений Национального комитета; организует деятельность по сотрудничеству с органами других стран, неправительственными и между- народными организациями; выполняет другие обязанности в рамках возложенных на него функций. 11. Ведение корреспонденции по проблемам, входящим в компетенцию Национального комитета, осу- ществляется секретарем посредством председателя комитета.
137 Торговля людьми и равенство полов в Молдове
12. Национальный комитет может создавать постоянные или временные экспертные группы в целях рассмотрения проблем и подготовки решений по вопросам, связанным с определенными областями его деятельности. В состав экспертных групп входят члены Национального комитета, национальные эксперты в данных областях из министерств и других органов центрального управления, а в случае необходимости – представители неправительственных и международных организаций, осуществляющих деятельность в данной области. 13. Заседания Национального комитета созываются согласно подготовленному графику, но не реже одного раза в квартал. В случае необходимости заседания проводятся чаще. 14. Представление вопросов на рассмотрение Национальному комитету осуществляется членами коми- тета, а также руководителями министерств, центральных административных органов управления и заин- тересованных органов. Повестка дня заседания направляется членам Национального комитета не позднее чем за три дня до заседания. 15. Заседания Национального комитета заносятся в протокол и подписываются председателем Нацио- нального комитета и секретарем. 16. Решения принимаются большинством голосов членов Национального комитета, присутствующих на заседании, при условии участия в нем не менее 2/3 его членов. При невозможности участия в работе заседания члена комитета по уважительным причинам он пред- ставляет председателю комитета свое мнение по рассматриваемым вопросам в письменном виде. 17. Решения Национального комитета являются обязательными для выполнения всеми органами власти при условии их подписания премьер-министром. 18. Национальный комитет периодически представляет Правительству, по требованию, но не реже двух раз в год, 1 февраля и 1 августа, отчет о своей деятельности. Центральные органы управления могут запро- сить у Национального комитета информацию о соблюдении законодательства о предупреждении и борьбе с торговлей людьми и в других случаях.
138 Приложение № 3 к Постановлению Правительства № 472 от 26 марта 2008 г. НАЦИОНАЛЬНЫЙ ПЛАН действий по предотвращению и борьбе с торговлей людьми на 2010-2011 годы
Виды деятельности Структуры, Срок Источники Стратегиче- Специфические Ожидаемые /подвиды ответственные Партнеры выпол- бюджет- другие ские цели цели и задачи результаты деятельности за исполнение нения ные источники 1 2 3 4 5 6 7 8
1. БАЗА ПОМОЩИ 1.1. Координирующие структуры Улучшение Создание инстру- Назначение лиц, от- Ответственные орга- II семестр В пределах Ответственные лица мер по борьбе ментов и механиз- ветственных за со- ны согласно Закону № 2010 г. бюджетных привлеченных мини- с торговлей мов (утвержден- трудничество между 241-XVI от 20 октября ассигнова- стерств людьми посред- ных официально), министерствами, с 2005 г. ний, преду- ством коорди- предназначенных неправительственными смотренных нации деятель- для сотрудниче- и международными для этой ности между ства между го- структурами в обла- цели участвующими сударственными сти предотвращения субъектами органами и непра- и борьбы с торговлей вительственными людьми организациями Координирова- Создание постоянного Национальный коми- неправитель- II семестр В пределах Организация по Действующий секрета- ние действий по секретариата Нацио- тет по борьбе с тор- ственные орга- 2010 г. бюджетных безопасности и риат, разработанное и борьбе с торговлей нального комитета по говлей людьми низации ассигнова- сотрудничеству в утвержденное положе- людьми между уча- борьбе с торговлей ний, преду- Европе, Между- ние о его функциони- ствующими субъ- людьми, разработка и смотренных народная орга- ровании ектами утверждение положе- для этой низация труда, ния о его деятельности цели Международная организация по миграции, Международный центр по защите и продвижению прав женщин “La Strada”
139 дополнительные нормативные акты Организация заседа- Организация по безо- Министерство 2010- 2011 гг. Международная 11 заседаний по тех-
140 ний по техническому пасности и сотрудни- труда, со- организация по ническому координи- координированию в честву в Европе циальной за- миграции рованию в Кишинэу, 8 области борьбы с тор- щиты и семьи, региональных заседа- говлей людьми Секретариат ний, 8 заседаний в при- Национально- днестровском регионе го комитета по борьбе с тор- говлей людь- ми, неправи- тельственные организации 1.2. Законодательная и регулирующая база Совершенство- Разработка право- Внесение изменений Министерство вну- II семестр В пределах Разработанный и вание правовой вых положений в уголовное законода- тренних дел, Мини- 2010 г. бюджетных утвержденный проект Торговля людьми и равенство полов в Молдове
и нормативной для обеспечения тельство в целях специ- стерство юстиции, ассигнова- закона о внесении из- базы, касаю- получения лицами, альной конфискации Генеральная проку- ний, преду- менений в некоторые щейся предот- ставшими жерт- имущества преступни- ратура смотренных законодательные акты вращения и вами торговлей ка в пользу государства для этой борьбы с тор- людьми, компен- только после выплаты цели говлей людьми, сации со стороны компенсации потерпев- а также базы, торговцев и / или шей стороне касающейся государства защиты и по- Изменение суще- Внесение изменений Агентство по туризму, Министерство II семестр В пределах Разработанный и мощи жертвам ствующей зако- и дополнений в Закон Министерство эконо- внутренних 2010 г. бюджетных утвержденный проект торговли людь- нодательно- нор- о туризме № 798-XIV мики (Лицензионная дел, Между- ассигнова- закона о внесении из- ми мативной базы в от 11 февраля 2000 палата), Министер- народная ний, преду- менений в некоторые сфере туризма года в части введения ство юстиции организация смотренных законодательные акты более эффективных по миграции, для этой требований по обеспе- Центр по цели чению строгого учета предотвраще- возвращения в страну нию торговли в сроки, указанные в женщинами, контракте о предостав- Правовой лении туристических центр Кэу- услуг туристам, выез- шень Кэушень, жающим за границу Междуна- родный центр по защите и продвижению прав женщин “La Strada” Дальнейшее развитие Министерство про- Министерство II семестр Разработанные и правовой основы регу- свещения, Мини- внутренних 2010 г. утвержденные законо- лирования посредни- стерство молодежи дел, Между- дательные и норматив- ческой деятельности и спорта , Мини- народная ные акты согласно программам стерство экономики организация “Summer Work & (Лицензионная па- по миграции, Travel” лата), Министерство Центр по пре- юстиции дотвращению торговли жен- щинами, Пра- вовой центр Кэушень, Междуна- родный центр по защите и продвижению прав женщин “La Strada”. Установление стан- Дальнейшее развитие Министерство ино- неправитель- II семестр Разработанное и дартов в области нормативной базы странных дел и евро- ственные орга- 2010 г. утвержденное положе- предотвращения и внедрения положений пейской интеграции, низации ние о предотвращении борьбы с торговлей Закона № 241-XVI от 20 Министерство труда, и борьбе с торговлей людьми октября 2005 г. о пре- социальной защиты людьми дотвращении и борьбе и семьи, Министер- с торговлей людьми ство внутренних дел, Генеральная прокура- тура, Министерство юстиции Совершенство- Разработка программы Министерство труда, Министерство IV квартал В пределах Разработанный и вание правовой по оказанию помощи социальной защиты и внутренних 2011 г. бюджетных утвержденный проект базы в отношении жертвам торговли семьи дел, Между- ассигнова- постановления Прави- защиты и помощи людьми путем рас- народная ний, преду- тельства о формирова- жертвам пределения имуще- организация смотренных нии фонда и утвержде- ства (недвижимости, по миграции, для этой ние Положения о нем финансовых средств и Центр по цели др.), конфискованного предотвраще- у лиц, занимающихся нию торговли торговлей людьми, на женщинами, основании решений Правовой судебных инстанций, а центр Кэушень также за счет пожерт- вований
141 дополнительные нормативные акты Разработка стандартов/ Министерство вну- Междуна- 2011 г. Международный Разработанные и про-
142 инструкций в отно- тренних дел, Гене- родный центр центр по защите веренные стандарты шении опроса постра- ральная прокуратура по защите и и продвижению давших детей и детей- продвижению прав женщин “La свидетелей (касательно прав женщин Strada” техник опроса, требо- “La Strada” ваний к специалистам, проводящим опросы, требований к помеще- ниям, в которых про- водится опрос) 1.3. Укрепление потенциала Повышение Организация Организация семина- Министерство про- Националь- Постоянно Международная Организация двух кру- возможностей непрерывного ров, учебных курсов, свещения, Министер- ный институт организация по глых столов правитель- обучения в це- круглых столов, тема- ство труда, социаль- юстиции, миграции, Фонд Торговля людьми и равенство полов в Молдове
ственных и лях повышения тических конференций ной защиты и семьи, Междуна- ООН в области неправитель- уровня знаний по предотвращению Министерство моло- родная орга- народонаселения ственных ор- государственными и борьбе с торговлей дежи и спорта, Мини- низация по ганов по пред- органами и непра- людьми с участием стерство внутренних миграции упреждению и вительственными представителей уполно- дел, Генеральная про- борьбе с тор- организациями об моченных учреждений куратура говлей людьми, аспектах торговли Разработка стратегии Министерство труда, Международ- IV квартал Международная Разработанный проект посредством людьми непрерывного обуче- социальной защиты и ный центр по 2010 г. организация по стратегии обучения подхода, осно- ния специалистов в семьи защите и про- миграции ванного на пра- сфере социальной за- движению прав вах человека и щиты по выявлению, женщин “La ориентирован- оказанию помощи и Strada”, Центр ного на интере- защите жертв торговли по предотвра- сы жертвы людьми щению торгов- ли женщинами, Правовой центр Кэушень, Швейцарский фонд “Terre des Hommes”, Меж- дународная организация труда, Между- народная организация по миграции, Программа раз- вития ООН/ Проект “Луч- шие возможно- сти для молоде- жи и женщин” Укрепление потен- Разработка пособия Министерство вну- Организация II семестр Международная Разработанное по- циала правоохра- для специалистов- тренних дел, Гене- по безопас- 2010 г. организация по собие, применяемое нительных органов практиков по примене- ральная прокуратура ности и со- миграции в процессе учебы и с целью приме- нию техник активного трудничеству в повышения квалифи- нения активных расследования, со- Европе, Меж- кации методов расследо- гласованных с дей- дународная вания ствующим законода- организация тельством и с новыми труда, Между- аспектами торговли народная людьми организация по миграции, Междуна- родный центр по защите и продвижению прав женщин “La Strada”, Центр по предотвраще- нию торговли женщинами, Правовой центр Кэушень Повышение по- Организация семи- Министерство вну- Организация 2010- 2011 гг. Международная Организованные семи- тенциала право- наров с участием тренних дел, Ми- по безопас- организация нары охранительных правоохранительных нистерство труда, ности и со- по миграции, органов, прави- органов в регионе для социальной защиты и трудничеству в Международный тельственных упрощения идентифи- семьи Европе, Меж- центр по защите органов и непра- кации жертв торговли дународная и продвижению вительственных людьми организация прав женщин “La организаций в труда, Между- Strada” выявлении жертв народная торговли людьми в организация любой форме по миграции, Междуна- родный центр по защите и продвижению прав женщин
143 дополнительные нормативные акты “La Strada”,
144 Центр по предотвраще- нию торговли женщинами Включение компо- Министерство труда, Организация II семестр Швейцарский Включенный тематиче- нента выявления, по- социальной защиты и по безопас- 2010 г. фонд “Terre ский компонент в план мощи и защиты жертв семьи ности и со- des Hommes”, обучения Министер- торговли людьми в трудничеству в Международная ства труда, социальной план непрерывного Европе, Меж- организация по защиты и семьи обучения специалистов дународная миграции Министерства труда, организация социальной защиты и труда, Между- семьи народная организация Торговля людьми и равенство полов в Молдове
по миграции, Международ- ный центр по защите и про- движению прав женщин “La Strada”, Центр по предотвра- щению торгов- ли женщинами, Швейцарский фонд “Terre des Hommes” Организация и про- Министерство вну- Организация 2010 В пределах Количество организо- ведение обучающих тренних дел, Гене- по безопас- бюджетных ванных семинаров семинаров для пред- ральная прокуратура ности и со- ассигнова- ставителей правоохра- трудничеству в ний, преду- нительных органов по Европе, Меж- смотренных проведению опроса дународная для этой пострадавших детей / организация цели детей-свидетелей труда, Между- народная организация по миграции, Международ- ный центр по защите и про- движению прав женщин “La Strada”, Центр по предотвраще- нию торговли женщинами Организация учебных Центр по борьбе с Междуна- 2010- 2011 гг. Международный Количество, состав, ознакомительных по- торговлей людьми/ родный центр центр по защите цели ознакомительных ездок, практикумов, Министерство вну- по защите и и продвижению поездок и практи- региональных и меж- тренних дел, Гене- продвижению прав женщин “La кумов; количество и дународных семинаров ральная прокуратура прав женщин Strada” содержание установ- по обмену передовым “La Strada”, ленных видов сотруд- опытом в области пре- Националь- ничества дотвращения торговли ный институт людьми, выявления и юстиции защиты жертв торгов- ли людьми Укрепление между- Организация конфе- Министерство вну- Национальный 2010- 2011 гг. В пределах Количество организо- народного сотруд- ренций, практикумов, тренних дел комитет по бюджетных ванных конференций, ничества, в том ознакомительных по- борьбе с тор- ассигнова- ознакомительных по- числе с EUROPOL, ездок говлей людьми ний, преду- ездок; количество обу- SECI, INTERPOL и смотренных ченных специалистов EUBAM по борьбе для этой с торговлей людь- цели ми Повышение Укрепление потен- Развитие потенциала Министерство труда, Международ- 2010- 2011 гг. В пределах Международная Количество детей потенциала го- циала правитель- специалистов регио- социальной защиты ная органи- бюджетных организация тру- и взрослых, поль- сударственных ственных и непра- нальных агентств по и семьи, территори- зация труда, ассигнова- да, Международ- зующихся услугами учреждений вительственных трудоустройству с це- альные агентства по Международ- ний, преду- ная программа образовательной и и неправи- структур в сфере лью консультирования трудоустройству ная программа смотренных по искоренению профессиональной тельственных предотвращения и выпускников учебных по искорене- для этой детского труда, консультации организаций в борьбы с торговлей заведений, молодежи, нию детского цели Международная сфере предот- детьми безработных и лиц, труда, Между- организация вращения и находящихся в поисках народная ор- по миграции, борьбы с тор- работы ганизация по Швейцарский говлей детьми миграции фонд “Terre des Hommes” Расширение профес- Министерство про- Национальный II семестр 2010 В пределах Фонд СОРОС Количество обученных сиональных возможно- свещения, Министер- центр по пре- г. – I квартал бюджетных Молдова, Про- специалистов стей психологов – со- ство здравоохранения дотвращению 2011 г. ассигнова- грамма развития циальных ассистентов, насилия над ний, преду- ООН/ Проект медицинских работ- детьми, Про- смотренных “Лучшие возмож- ников из неправитель- грамма разви- для этой ности для моло- ственных организаций тия ООН/Про- цели дежи и женщин”,
145 дополнительные нормативные акты
и государственных ект “Лучшие Международная учреждений по оказа- возможности организация по
146 нию помощи жертвам для молодежи миграции, другие и агрессорам, проявля- и женщин”, неправитель- ющим насилие в семье, Междуна- ственные органи- детям-жертвам жесто- родная орга- зации кого, пренебрежитель- низация по ного отношения, в том миграции числе жертвам торгов- ли людьми Расширение воз- Организация семинара Министерство труда, Международ- II семестр Международная Организованный и можностей пред- на тему “Стандарти- социальной защиты и ная организа- 2010 г. организация по проведенный семинар; ставителей струк- зация и унификация семьи ция по мигра- миграции количество лиц, уча- тур, участвующих бланков, используемых ции, Междуна- ствовавших в семинаре в Национальной в Национальной систе- родный центр системе перена- ме перенаправления” по защите и правления для продвижению Торговля людьми и равенство полов в Молдове
оказания защиты прав женщин и социальной по- “La Strada”, мощи жертвам и Центр по пре- потенциальным дотвращению жертвам торговли торговли жен- людьми щинами, Пра- вовой центр Кэушень, Ор- ганизация по безопасности и сотрудниче- ству в Европе, Международ- ная организа- ция труда Организация семинара Министерство труда, Междуна- II семестр В пределах Организованный и на тему “Трансна- социальной защиты и родный центр 2010 г. бюджетных проведенный семинар; циональный механизм семьи по защите и ассигнова- количество лиц, уча- перенаправления продвижению ний, преду- ствовавших в семинаре жертв торговли людь- прав женщин смотренных ми “Международные “La Strada”, для этой стандарты” Центр по пре- цели дотвращению торговли жен- щинами, Пра- вовой центр Кэушень, Ор- ганизация по безопасности и сотрудниче- ству в Европе, Международ- ная организа- ция труда Организация и про- Министерство труда, Международ- IV квартал Международная Организованная и про- ведение Регионального социальной защиты и ная организа- 2010 г. организация по веденная конференция; семинара для государ- семьи ция по мигра- миграции разработанный и рас- ственных учреждений ции, Междуна- пространенный отчет из целевых стран родный центр – Беларусь, Украина, по защите и Республика Молдова, в продвижению отношении националь- прав женщин ных механизмов пере- “La Strada”, направления Центр по пре- дотвращению торговли жен- щинами, Пра- вовой центр Кэушень, Ор- ганизация по безопасности и сотрудниче- ству в Европе, Международ- ная организа- ция труда Поощрение Информирование Организация нацио- Министерство труда, Междуна- 2010- 2011 гг. Международный Количество, содержа- деловой среды и расширение нальных и междуна- социальной защиты родный центр центр по защите ние и задачи семинаров в Республике возможностей родных семинаров и и семьи, Агентство по защите и и продвижению и конференций; коли- Молдова для предпринимателей конференций в целях по туризму, Центр по продвижению прав женщин “La чество участников и эффективного в области туриз- продвижения, под- борьбе с торговлей прав женщин Strada” выступающих содействия уси- ма по проблеме писания и внедрения людьми/ Министер- “La Strada” лиям по борьбе предупреждения Кодекса поведения по ство внутренних дел с торговлей торговли людьми, предотвращению сек- людьми, осо- особенно детьми, суальной эксплуатации бенно детьми и сексуальной экс- детей плуатации детей Проведение мероприя- Министерство труда, Междуна- 2010- 2011 гг. Международный Количество, вид осу- тий по предотвраще- социальной защиты родный центр центр по защите ществляемой деятель- нию торговли и сексу- и семьи, Агентство по защите и и продвижению ности, содержание и альной эксплуатации по туризму, Центр по продвижению прав женщин “La вид распространенных детей борьбе с торговлей прав женщин Strada” посланий людьми/ Министер- “La Strada” ство внутренних дел
147 дополнительные нормативные акты 1.4. Информационный менеджмент и исследования
148 Обеспечение Создание и разви- Создание эффективно- Министерство вну- Организация II семестр В пределах Количество соглаше- доступности тие национальной го механизма обмена тренних дел, Гене- по безопас- 2010 г. бюджетных ний и протоколов о информации и централизованной информацией между ральная прокуратура, ности и со- ассигнова- сотрудничестве в целях обмен данными системы учета дан- компетентными орга- Министерство юсти- трудничеству в ний, преду- обмена данными на националь- ных в отношении нами и привлеченными ции, Министерство Европе, Меж- смотренных ном и между- торговли людьми неправительственными труда, социальной дународная для этой народном уров- организациями защиты и семьи организация цели нях в области труда, Между- предупрежде- народная ния и борьбы организация с торговлей по миграции, Международ- людьми ный центр по защите и про- движению прав Торговля людьми и равенство полов в Молдове
женщин “La Strada”, Центр по предотвра- щению торгов- ли женщинами, Правовой центр Кэушень Установление общих Министерство вну- Междуна- II семестр В пределах Добавленные, изменен- показателей учета дан- тренних дел, Ми- родная ор- 2010 г. бюджетных ные или исключенные ных о лицах, подверг- нистерство труда, ганизация ассигнова- показатели шихся трафику социальной защиты труда, Между- ний, преду- и семьи, Генеральная народная смотренных прокуратура организация для этой по миграции, цели Международ- ный центр по защите и про- движению прав женщин “La Strada”, Центр по предотвра- щению торгов- ли женщинами, Правовой центр Кэушень, Организация по безопасно- сти и сотрудни- честву в Европе Усиление роли Расширение потенциа- Министерство вну- Международ- II семестр В пределах Обеспеченность Центра по борьбе с ла Центра по борьбе тренних дел, Гене- ная органи- 2010 г. бюджетных Центра по борьбе с торговлей людьми с торговлей людьми в ральная прокуратура зация труда, ассигнова- торговлей людьми не- в качестве спе- области анализа, мони- Международ- ний, преду- обходимыми техниче- циализированного торинга и оценки явле- ная организа- смотренных скими и человеческими подразделения в ния торговли людьми ция по мигра- для этой ресурсами для органи- области предотвра- ции, Междуна- цели зации и осуществле- щения и борьбы с родный центр ния работ по анализу, торговлей людьми по защите и мониторингу и оценке; продвижению проведение учебных прав женщин “La Strada”, сессий для сотрудни- Центр по пре- ков Центра по борьбе с дотвращению торговлей людьми торговли жен- щинами, Пра- вовой центр Кэушень, Ор- ганизация по безопасности и сотрудниче- ству в Европе Создание эффектив- Министерство вну- Министерство Постоянно В пределах Количество заключен- ных механизмов со- тренних дел труда, со- бюджетных ных протоколов, разви- трудничества между циальной за- ассигнова- тых и осуществленных Центром по борьбе щиты и семьи, ний, преду- проектов и мероприя- с торговлей людьми Генеральная смотренных тий и государственными прокуратура, для этой учреждениями, непра- Министерство цели вительственными орга- юстиции, Ми- низациями в стране и нистерство здравоохра- за рубежом нения, Ми- нистерство культуры, Министерство иностранных дел и европей- ской интегра- ции, Правовой центр Кэу- шень, Орга- низация по безопасности и сотрудниче-
149 дополнительные нормативные акты
ству в Европе, Международ-
150 ная органи- зация труда, Международ- ная организа- ция по мигра- ции, Междуна- родный центр по защите и продвижению прав женщин “La Strada”, Центр по предотвраще- нию торговли женщинами Торговля людьми и равенство полов в Молдове
Регулярный сбор Секретариат Нацио- Министерство Один раз в В пределах Периодические отчеты, Секретариатом На- нального комитета по труда, со- полгода бюджетных подготовленные Секре- ционального комитета борьбе с торговлей циальной за- ассигнова- тариатом Националь- по борьбе с торговлей людьми щиты и семьи, ний, преду- ный комитет по борьбе людьми статистиче- Генеральная смотренных с торговлей людьми ских данных и анали- прокуратура, для этой тической информации Министерство цели в отношении торговли юстиции, Ми- людьми, полученной от нистерство здравоохране- компетентных учреж- ния, Министер- дений и неправитель- ство культуры, ственных организаций Министерство просвещения, Министерство иностран- ных дел и европейской интеграции, Пограничная служба, Служ- ба информации и безопасности, Министерство внутренних дел, Министер- ство молоде- жи и спорта, Министерство информацион- ных техноло- гий и связи, автономно- территориаль ное образова- ние Гагаузия, Министерство финансов, Ор- ганизация по безопасности и сотрудничеству в Европе, Меж- дународная организация по миграции, Международ- ный центр по защите и про- движению прав женщин “La Strada”, Центр по предотвра- щению торгов- ли женщинами, Правовой центр Кэушень Создание в рамках Министерство вну- Международ- II семестр В пределах Созданная и действую- Центра по борьбе с тренних дел, Гене- ная организа- 2010 г. бюджетных щая база данных торговлей людьми цен- ральная прокуратура ция труда, Меж- ассигнова- трализованной базы дународная ний, преду- данных относительно организация смотренных по миграции, торговли людьми для этой Международ- ный центр по цели защите и про- движению прав женщин “La Strada” Центр по предотвра- щению торгов- ли женщинами, Правовой центр Кэушень, Организация по безопасности и сотрудничеству в Европе
151 дополнительные нормативные акты Подключение центра- Министерство вну- Международ- II семестр В пределах Функционирующая ав-
152 лизованной базы дан- тренних дел, Гене- ная органи- 2010 г. бюджетных томатизированная сеть ных к учреждениям, ральная прокуратура, зация труда, ассигнова- сбора и распределения занимающимся вопро- Министерство труда, Международ- ний, преду- данных сами предупреждения социальной защиты и ная организа- смотренных и борьбы с торговлей семьи, Министерство ция по мигра- для этой людьми и оказания юстиции ции, Междуна- цели помощи жертвам тор- родный центр говли людьми по защите и продвижению прав женщин “La Strada”, Центр по пре- дотвращению торговли жен- Торговля людьми и равенство полов в Молдове
щинами, Пра- вовой центр Кэушень, Ор- ганизация по безопасности и сотрудниче- ству в Европе Создание веб- Национальный коми- II семестр В пределах Функционирующая страницы Националь- тет по борьбе с тор- 2010 г. бюджетных веб-страница Нацио- ного комитета по борь- говлей людьми ассигнова- нального комитета по бе с торговлей людьми ний, преду- борьбе с торговлей смотренных людьми для этой цели Организация и Организация и про- Министерство труда, Организация II семестр Международный Сформулированные проведение иссле- ведение исследований социальной защиты и по безопас- 2010 г. центр по защите рекомендации и вне- дований передово- передового между- семьи ности и со- и продвижению дренный механизм го международного народного опыта и трудничеству в прав женщин “La опыта и его вне- анализ национального Европе, Меж- Strada” дрение на нацио- законодательства отно- дународная нальном уровне сительно механизмов организация мониторинга и оценки труда, Между- усилий/ услуг в сфере народная социальной защиты организация жертв торговли людь- по миграции, Международ- ми ный центр по защите и про- движению прав женщин “La Strada” Центр по пре- дотвращению торговли жен- щинами, Пра- вовой центр Кэушень, Швейцарский фонд “Terre des Hommes” Разработка механизма Министерство труда, Междуна- II семестр Международный Разработанный проект аккредитации постав- социальной защиты и родный центр 2010 г. центр по защите закона. Разработанные щиков социальных семьи, Группа на выс- по защите и и продвижению критерии и показатели услуг шем уровне для детей продвижению прав женщин “La для аккредитации по- Молдовы прав женщин Strada” ставщиков социальных “La Strada”, услуг Междуна- родная орга- низация по миграции, Ор- ганизация по безопасности и сотрудниче- ству в Европе, Международ- ная органи- зация труда, Центр по предотвраще- нию торговли женщинами, Правовой центр Кэушень Экспериментальное Министерство труда, Междуна- 2010- 2011 гг. Международный Проверенный меха- применение механизма социальной защиты и родный центр центр по защите низм мониторинга мониторинга Нацио- семьи по защите и и продвижению нальной системы пере- продвижению прав женщин “La направления методом прав женщин Strada” ее тестирования в “La Strada”, районах Национальной Междуна- системы перенаправ- родная орга- ления низация по миграции
153 дополнительные нормативные акты 1.5. Анализ, мониторинг и оценка
154 Периодические Оценка размеров и Проведение перио- Министерство вну- Международ- Один раз в Разработанные отчеты исследования и тенденций торгов- дических оценок для тренних дел, Ми- ная органи- полгода по оценке оценка харак- ли людьми выявления тенденций нистерство труда, зация труда, теристик, раз- эволюции этого явле- социальной защиты Международ- меров и эволю- ния и семьи, Генеральная ная организа- ции торговли прокуратура ция по мигра- людьми ции, Междуна- родный центр по защите и продвижению прав женщин “La Strada”, Центр по пре- дотвращению торговли жен- Торговля людьми и равенство полов в Молдове
щинами, Пра- вовой центр Кэушень, Ор- ганизация по безопасности и сотрудниче- ству в Европе Периодическое инфор- Министерство вну- Международ- Один раз в Количество организо- мирование граждан- тренних дел, Ми- ная органи- полгода ванных и проведенных ского общества о явле- нистерство труда, зация труда, публичных заседаний нии торговли людьми социальной защиты Международ- (организованные на основании ее перио- и семьи, Генеральная ная организа- пресс-конференции, дических исследований прокуратура ция по мигра- опубликованные ста- и оценки ции, Междуна- тьи и т.д.) родный центр по защите и продвижению прав женщин “La Strada”, Центр по пре- дотвращению торговли жен- щинами, Пра- вовой центр Кэушень, Ор- ганизация по безопасности и сотрудниче- ству в Европе Выполнение научных Министерство вну- 2010- 2011 гг. В пределах Опубликованная исследований в обла- тренних дел бюджетных научно-практическая сти реакции на борьбу ассигнова- работа и распростра- с торговлей людьми ний, преду- ненные результаты и оценки размеров и смотренных исследования, количе- тенденций торговли для этой ство завершенных ис- людьми, с публикацией цели следований результатов Выполнение научных Институт педагоги- 2010- 2011 гг. В пределах Количество выпол- исследований в области ческих наук, Мини- бюджетных ненных исследований, предупреждения, пре- стерство молодежи и ассигнова- организованный уни- дотвращения и борьбы спорта ний, преду- верситетский конкурс с торговлей людьми с смотренных научных трудов и экономической, право- для этой организованная уни- вой и психологической цели верситетская научная точки зрения конференция Непрерывное Обеспечение систе- Разработка показателей Секретариат Нацио- Один раз в по- В пределах Подготовленные и рас- совершенство- матического мони- мониторинга и оценки, нального комитета по лугодие бюджетных пространенные полуго- вание страте- торинга и оценки необходимых для под- борьбе с торговлей ассигнова- довые отчеты, в рамках гического и деятельности, про- готовки отчетов людьми ний, преду- заседаний террито- оперативного водимой в рамках смотренных риального комитета реагирования Национального для этой по борьбе с торговлей в целях борьбы плана по предупре- цели людьми с торговлей ждению и борьбе с людьми путем торговлей людьми адаптирования Обеспечение Составление поясни- Национальный ко- Неправитель- Один раз в В пределах Составленный и рас- к новым тен- непрерывного тельных записок / от- митет по борьбе с ственные орга- полугодие - до бюджетных пространенный отчет денциям в тор- анализа деятель- четов о мерах, которые торговлей людьми, низации, меж- 15 января и до ассигнова- говле людьми ности субъектов, планируются и прово- центральные публич- дународные 15 июля ний, преду- участвующих в дятся в области борьбы ные органы, уполно- организации смотренных борьбе с торговлей с торговлей людьми моченные в данной для этой людьми области цели Подготовка общего Национальный ко- Неправитель- Ежегодно до В пределах Подготовленный об- отчета об осущест- митет по борьбе с ственные орга- 15 февраля бюджетных щий отчет вленных мерах и ре- торговлей людьми, низации, меж- ассигнова- зультатах, достигнутых центральные и мест- дународные ний, преду- учреждениями, при- ные органы власти, организации смотренных влеченными к борьбе с уполномоченные в для этой торговлей людьми данной области цели Мониторинг судебных Генеральная проку- Неправитель- 2010- 2011 гг. Международная Разработанные и приме- заседаний ратура ственные орга- организация по ненные рекомендации, низации миграции количество осущест-
155 дополнительные нормативные акты
вленных мониторингов 2. ПРЕДОТВРАЩЕНИЕ
156 2.1. Информирование и воспитание Уменьшение Информирование Проведение мероприя- Территориальные Междуна- 2010- 2011 гг. В пределах Международный Количество и вид дея- случаев тор- и предупреждение тий по предупрежде- родный центр комиссии по пресече- бюджетных центр по защите тельности, количество говли людьми населения в целях нию широкой обще- нию торговли людь- по защите и ассигнова- и продвижению и профиль уведомлен- путем укрепле- осознания рисков ственности об опасно- ми, Министерство продвижению ний, преду- прав женщин “La ных лиц, количество ния потенциала торговли людьми сти торговли людьми просвещения, Мини- прав женщин смотренных Strada”, Агентство и вид применяемых/ самозащиты и укрепления воз- стерство молодежи и“La Strada”, для этой международного распространяемых ма- граждан и можностей по спорта Независимый цели развития, Фонд териалов и сообщений общества от самозащите при журналистский “Regina Pacis”, угроз данного угрозе данного центр “Winrock Международная явления явления International”, организация по Ассоциация безопасности и женщин- сотрудничеству, юристов/ Министерство Торговля людьми и равенство полов в Молдове
Центр по пре- иностранных дотвращению дел Королевства торговли жен- Дания, Междуна- щинами, Фонд родная организа- “Regina Pacis”, ция по миграции, Организация Швейцарский по безопасно- фонд “Terre des сти и сотруд- Hommes” ничеству в Ев- ропе, Правовой центр Кэушень, Швейцарский фонд “Terre des Hommes” Публикация периоди- Национальный коми- Независимый ежеквар- Агентство между- Периодическое опубли- ческих информацион- тет по борьбе с тор- журналист- тально народного раз- кование информацион- ных бюллетеней На- говлей людьми ский центр 2010- вития ных бюллетеней ционального комитета “Winrock 2011 гг. по борьбе с торговлей International” людьми и их распро- странение Организация инфор- Министерство про- Междуна- 2010- 2011 гг. Международная Количество семинаров мационных семинаров свещения, Мини- родный центр организация и участников; количе- для детей, подростков, стерство молодежи и по защите и по миграции, ство и тип учреждений, родителей и педагоги- спорта продвижению Международная в которых проведены ческого состава на тему прав женщин организация труда семинары, охваченные торговли людьми, о “La Strada”, Ор- – Международная регионы, содержание других формах эксплу- ганизация по программа по переданных сообщений атации детского труда безопасности и искоренению дет- и насилия в семье сотрудничеству ского труда, Фонд в Европе, Меж- “Regina Pacis”, дународная Международный организация центр по защите труда – Меж- и продвижению дународная прав женщин программа по “La Strada”, Фонд искоренению ООН в области детского труда, народонаселения Фонд “Regina Pacis”, Нацио- нальный центр по предот- вращению насилия над детьми, Право- вой центр Кэушень, Лига по защите прав человека Разработка и распро- Министерство моло- Организация 2010- 2011 гг. Организация по Выпуск рекламных ма- странение информаци- дежи и спорта по безопас- безопасности и териалов, брошюр, до- онных материалов ности и со- сотрудничеству в кументального фильма трудничеству в Европе, Между- о детском труде; опу- Европе, Фонд народная орга- бликование сборника “Regina Pacis”, низация труда проповедей; постанов- Международ- – Международная ка пьесы “Потерянные ная организа- программа по люди “, распростране- ция по мигра- искоренению ние информационных ции, Центр по детского труда, материалов о “горячей” предотвраще- Международная линии в центрах моло- нию торговли организация дежных ресурсов женщинами, по миграции, Международ- ный центр по Международный защите и про- центр по защите движению прав и продвижению женщин “La прав женщин Strada”, Ассоци- “La Strada”, Фонд ация женщин- “Regina Pacis”, юристов/ Министерство Центр по пре- иностранных дотвращению дел Королевства торговли, Пра- Дания вовой центр Кэушень
157 дополнительные нормативные акты Повышение уровня Внедрение программ Территориальные Неправи- 2010- 2011 гг. Фонд ООН в Программы, предусмо-
158 осведомленности по снижению уязвимо- комиссии по пресече- тельственные области на- тренные для группы групп риска об сти групп риска, в том нию торговли людь- организации, родонаселения, риска опасностях, кото- числе программ по соз- ми, Министерство Швейцарский Швейцарский рые несет в себе данию служб для жертв молодежи и спорта фонд “Terre des фонд “Terre des торговля людьми насилия в семье и для Hommes” Hommes” и незаконная ми- агрессоров грация Организация информа- Территориальные Организация 2010- 2011 гг. Немецкое обще- Количество обучен- ционных кампаний для комиссии по пресече- “Ребенок. Со- ство по техни- ных молодых людей, молодежи, в том числе нию торговли людьми общество. Се- ческому сотруд- информированных культурных мероприя- мья” в Молдо- ничеству (GTZ), детей, организация и тий для детей ве, Националь- Международная проведение конкурсов ный центр по организация тру- искусств, разработан- предотвраще- да – Международ- ные минипроекты, нию насилия ная программа профинансированные Торговля людьми и равенство полов в Молдове
над детьми по искоренению и внедренные выпуск детского труда видеофильма, издание публикаций, организо- ванные передвижные выставки в сельских районах, итоговая кон- ференция Снижение Повышение уровня Организация обще- Министерство труда, неправитель- 2010- 2011 гг. В пределах Количество организо- уязвимости по осведомленности ственных кампаний социальной защиты ственные орга- бюджетных ванных и проведенных отношению к и информирован- по предупреждению и семьи, Генераль- низации ассигнова- кампаний, разрабо- торговле людь- ности в области и борьбе с торговлей ная прокуратура, ний, преду- танных и распростра- ми и повторно- предотвращения и людьми и искоренению Министерство ино- смотренных ненных материалов, му трафику борьбы с торговлей стигматизма в отно- странных дел и евро- для этой итоговых отчетов о людьми шении жертв торговли пейской интеграции, цели результатах проведен- людьми органы местного пу- ных кампаний бличного управления Организация регио- Министерство моло- Фонд “Regina 2010- 2011 гг. Фонд “Regina Количество организо- нальных конференций дежи и спорта Pacis” Pacis” ванных и проведенных для молодежи конференций Развитие возможно- Министерство ино- Международ- 2010- 2011 гг. Европейская Распространенные ин- стей в трех экспери- странных дел и ная органи- комиссия, Прави- формационные и учеб- ментальных центрах, европейской интегра- зация труда, тельство Респу- ные материалы; меро- действующих в рамках ции, Национальное Междуна- блики Ирландия, приятия по формирова- территориальных агентство занятости родная орга- Международная нию, обучению потен- агентств по трудоу- населения низация по организация по циальных мигрантов; стройству в муниципи- миграции миграции созданный и показан- ях Кишинэу, Бэлць и в ный информационно- районе Кахул документальный фильм Разработка и внедре- Министерство Междуна- 2010- 2011 гг. Международный Организованные и ние программ под- просвещения, На- родный центр центр по защите проводимые ежегод- готовки специалистов, циональное агентство по защите и и продвижению но курсы обучения, участвующих в дея- занятости населения продвижению прав женщин “La количество обучен- тельности по предупре- прав женщин Strada”, Агентство ных преподавателей, ждению торговли “La Strada”, международ- количество органи- людьми Независимый ного развития, зованных семинаров, журналистский Министерство обученные волонтеры, центр “Winrock иностранных дел проинформированная International”, Королевства Да- молодежь, количество Международ- ния, Организация распространенных ма- ная организа- “Врачи мира” териалов ция по мигра- ции Углубленное обучение Министерство моло- Ассоциация 2010- 2011 гг. Международный Количество обученных мобильных групп из дежи и спорта, Мини- женщин- центр по защите преподавателей, коли- числа преподавателей/ стерство внутренних юристов/ и продвижению чество и виды деятель- воспитателей из числа дел, Министерство Центр по прав женщин “La ности, проводимые с сверстников в области труда, социальной предотвраще- Strada” участием преподава- предупреждения тор- защиты и семьи нию торговли телей говли людьми женщинами, Международ- ный центр по защите и про- движению прав женщин “La Strada”, Фонд “Regina Pacis”, Независимый журналистский центр “Winrock International” Подготовка представи- Академия публичного Организация 2010 г. Швейцарский Количество обучен- телей местного публич- управления при Пре- по безопас- фонд “Terre des ных специалистов, ного управления и спе- зиденте Республики ности и со- Hommes”, Фонд количество семина- циалистов на местах Молдова, Министер- трудничеству в ООН в области ров и их содержание, по вопросам торговли ство труда, социаль- Европе, Меж- народонаселения количество районов, людьми, насилия в ной защиты и семьи дународная включенных в процесс семье и их роли в про- организация обучения тиводействии данным труда, Между- явлениям народная организация по миграции, Международ- ный центр по
159 дополнительные нормативные акты защите и про-
160 движению прав женщин “La Strada”, Центр по предотвра- щению торгов- ли женщинами, Правовой центр Кэушень, Швейцарский фонд “Terre des Hommes” Информирование Включение в планы Национальный ин- неправитель- II семестр В пределах Включенные темы, каса- и обучение пред- подготовки учреж- ститут юстиции ственные орга- 2010 г бюджетных ющиеся торговли людь- ставителей пра- дений центрального низации ассигнова- ми, в планы непрерыв- вительственных публичного управле- ний, преду- ной профессиональной Торговля людьми и равенство полов в Молдове
структур и непра- ния тем, касающихся смотренных подготовки персонала вительственных торговли людьми для этой в рамках уполномочен- организаций, рабо- цели ных государственных тающих с группами учреждений риска, о торговле Организация консуль- Министерство труда, Международ- 2010- 2011 Международная Количество организо- людьми тативных совещаний социальной защиты и ная органи- гг. гг. организация тру- ванных и проведенных и учебных семинаров семьи зация труда – да – Международ- заседаний; количество по вопросам детского Международ- ная программа проинформированных труда, включая торгов- ная программа по искоренению лиц, возросший уро- лю детьми, для членов по искорене- детского труда вень информированно- Национального руко- нию детского сти и осведомленности водящего комитета, для труда по вопросам детского Международной орга- труда низации труда – Между- народная программа по искоренению детского труда, Секретариата Национального совета по защите прав детей и Национальной комиссии по консультации и кол- лективным переговорам Повышение эф- Мониторинг внедрения Министерство труда, Организация 2010- 2011 гг. В пределах Разработанные и фективности специфического нацио- социальной защиты и по безопас- бюджетных утвержденные специ- деятельности по нального законодатель- семьи, Министерство ности и со- ассигнова- фические ведомствен- предупреждению ства и его постоянная просвещения, Мини- трудничеству в ний, преду- ные и нормативные торговли людьми адаптация с целью стерство внутренних Европе, Меж- смотренных акты, ежегодные отчеты улучшения предостав- дел дународная для этой о деятельности Мини- ляемой помощи детям организация цели стерства просвещения, – жертвам торговли труда – Меж- о мониторинге внедре- людьми дународная ния и адаптации нацио- программа по нального законодатель- искоренению ства в данной области детского труда, Фонд “Regina Pacis”, Нацио- нальный центр по предот- вращению насилия над детьми, Право- вой центр Кэушень, Лига по защите прав человека Непрерывная под- Организация программ Министерство вну- Неправитель- 2010- 2011 гг. В пределах Организация программ готовка специали- по подготовке препо- тренних дел, Гене- ственные орга- бюджетных по подготовке препода- стов учреждений, давателей для учрежде- ральная прокуратура, низации ассигнова- вателей в области тор- занимающихся ний, уполномоченных Министерство ино- ний, преду- говли людьми; коли- вопросами предот- в области борьбы с странных дел и евро- смотренных чество специалистов- вращения и борь- торговлей людьми пейской интеграции, для этой бенефициаров про- бы с торговлей территориальные цели грамм по подготовке людьми комиссии по пресече- преподавателей в обла- нию торговли людьми сти торговли людьми, разработанный отчет о результатах участия специалистов в про- ведении программ по подготовке инструкто- ров в области торговли людьми Уменьшение соци- Разработка и внедре- Национальное агент- 2010- 2011 гг. Фонд без- Около 19 тысяч чело- альной и экономи- ние годовых планов ство занятости на- работицы век, ежегодно получаю- ческой уязвимости действий по продвиже- селения щих помощь в трудоу- потенциальных нию государственной стройстве жертв торговли политики на рынке людьми и потенци- труда альных мигрантов Развитие информаци- Национальное агент- 2010- 2011 гг. Фонд без- Количество людей, онной системы рынка ство занятости на- работицы ежедневно посещаю- труда селения щих портал и веб- страницу фонда без- работицы
161 дополнительные нормативные акты Ориентация, профес- Министерство эконо- Международная 2010- 2011 гг. Фонд без- Европейская Организовано 96
162 сиональное обучение мики организация работицы комиссия, Пра- курсов обучения, по- и трудоустройство труда – Между- вительство Ре- лучили помощь 2100 выпускников учебных народная спублики Ирлан- бенефициаров, , про- заведений, молодежи, программа по дия, Агентство фессионально подго- безработных и лиц, искоренению международного товлены 936 бенефи- находящихся в поисках детского труда, развития, Между- циаров, трудоустроено работы, потенциаль- Националь- народная орга- 624 бенефициаров, ных жертв и жертв ный центр по низация труда трудоустроено 40 де- торговли людьми предотвраще- – Международная тей, создано 9 служб нию насилия программа по по профессиональной над детьми, искоренению подготовке и трудоу- Международная детского труда, стройству; создано 100 организация по миграции, Международная новых рабочих мест Ассоциация организация Торговля людьми и равенство полов в Молдове
женщин- по миграции, юристов/ Центр Министерство по предотвра- внутренних дел щению торговли Республики Че- женщинами, хия, Программа Программа раз- развития ООН/ вития ООН/ Проект “Лучшие Проект “Лучшие возможности для возможности молодежи и жен- для молодежи щин” и женщин”, Независимый журналистский центр “Winrock International”, Шведский на- циональный совет по рынку труда, Женская ассоциация “Art-Ekegant”, Ре- спубликанское общество по со- циальной защи- те несовершен- нолетних и мо- лодежи “Insula Speranţelor” (“Остров на- дежд”) Обеспечение доступа Национальное агент- Международ- 2010- 2011 г. Фонд без- Европейская Количество открытых жертв и потенциаль- ство занятости насе-ная органи- работицы комиссия, Прави- и финансируемых ма- ных жертв торговли ления, Министерство зация труда, тельство Респу- лых предприятий людьми к учебным экономики, Мини- Ассоциация блики Ирландия, программам в области стерство молодежи и женщин- Программа предпринимательства спорта юристов / развития ООН, и предоставлению Центр по Фонд ООН в об- микро-кредитов для предотвраще- ласти народона- открытия бизнеса нию торговли селения женщинами, Программа развития ООН /Проект “Лучшие воз- можности для молодежи и женщин”, Оказание методоло- Министерство труда, Программа 2010- 2011 г. Программа раз- Созданный и действу- гической поддержки социальной защиты и развития вития ООН ющий Центр социаль- центрам социальной семьи ООН/ Проект ной реинтеграции реинтеграции и мате- “Лучшие воз- ринским центрам можности для молодежи и женщин” Внедрение программы Министерство эконо- Независимый 2010- 2011 г. Агентство между- 48 бенефициаров мониторинга для под- мики, Министерство журналист- народного раз- держки молодежи в молодежи и спорта ский центр вития развитии собственного “Winrock бизнеса International” Консультирование и Министерство труда, Междуна- 2010- 2011 гг. Министерство Количество и профиль информационная под- социальной защиты и родный центр иностранных лиц, получивших кон- держка по безопасной семьи по защите и дел Королевства сультацию миграции, рискам, свя- продвижению Дания, Междуна- занным с незаконным прав женщин родный центр по выездом, и опасности “La Strada” защите и продви- трафика / эксплуата- жению прав жен- ции щин “La Strada”, Фонд “Regina Pacis”, Агентство международного развития
163 дополнительные нормативные акты Снижение уязви- Обеспечение проведе- Министерство про- Национальный 2010- 2011 гг. Международная Реинтегрировано в
164 мости детей в от- ния занятий для детей свещения, территори- центр по пре- организация по систему формального ношении трафика с низкой успеваемо- альные комиссии по дотвращению миграции, Меж- образования 275 детей путем обеспечения стью для предотвраще- пресечению торговли насилия над дународная ор- доступа к различ- ния их ухода из школы людьми детьми, Меж- ганизация труда ным образователь- или прогула занятий дународная – Международная ным услугам организация программа по по миграции, искоренению Швейцарский детского труда, фонд “Terre des Швейцарский Hommes” фонд “Terre des Hommes” Обеспечение доступа Территориальные Национальный 2010-2011 гг. Международная Реинтегрировано в си- к системе образования комиссии по пресече- центр по пре- организация тру- стему формального об- путем предоставления нию торговли людь- дотвращению да – Международ- разования 152 ребенка Торговля людьми и равенство полов в Молдове
материальной помощи ми, Министерство насилия над ная программа благодаря предостав- труда, социальной детьми, Меж- по искоренению ленной материальной защиты и семьи дународная детского труда, помощи организация Международная по миграции организация по миграции Организация ежене- Территориальные Национальный 2010- 2011 гг. Международная Охвачено консульта- дельных консультаций комиссии по пресече- центр по пре- организация тру- циями 250 детей по жизненным навы- нию торговли людьми дотвращению да – Международ- кам для детей из групп насилия над ная программа риска и жертв торговли детьми по искоренению людьми детского труда Снижение дискри- Организация инфор- Министерство труда, Независимый II семестр 2010 Агентство Количество органи- минации женщин, мационных кампаний социальной защиты и журналист- г.., IV квартал международ- зованных кампаний; представителей и поощрение гендерно- семьи, Национальное ский центр 2011 г. ного развития, разработанные реко- меньшинств, де- го равенства и борьбы бюро статистики “Winrock Международная мендации по предот- тей, мигрантов и против насилия в семье International”, организация по вращению и борьбы других уязвимых Фонд ООН в миграции, Про- с насилием в семье, групп населения области наро- грамма развития используемые при пла- донаселения, ООН, Фонд ООН нировании политик Правовой для развития в центр Кэушень интересах жен- щин, Фонд ООН в области народо- населения Обеспечение Повышение до- Полный охват детей в Территориальные Органы мест- 2010- 2011 г. В пределах Показатели охвата доступа всех ступа детей из возрасте от 7 до 16 лет комиссии по пресече- ного публич- бюджетных детей в учебных заве- детей к благо- сельской местно- нию торговли людьми ного управле- ассигнова- дениях творительным сти к начальному ния ний, преду- образователь- образованию смотренных ным услугам для этой цели Обеспечение питанием Территориальные Органы мест- 2010- 2011 гг. В пределах Доля учеников, обеспе- детей I-IV классов и комиссии по пресече- ного публич- бюджетных ченных питанием детей V-IX классов из нию торговли людьми ного управле- ассигнова- социально уязвимых ния ний, преду- семей смотренных для этой цели Обеспечение школь- Территориальные Органы мест- 2010- 2011 гг. В пределах Количество транспорт- ным транспортом комиссии по пресече- ного публич- бюджетных ных средств, задейство- детей из населенных нию торговли людьми ного управле- ассигнова- ванных для школьных пунктов, в которых нет ния ний, преду- перевозок школ смотренных для этой цели Расширение доступа к Министерство про- Министерство 2010- 2011 гг. В пределах Количество зачислен- профессиональному, свещения труда, соци- бюджетных ных лиц, количество профессионально- альной защиты ассигнова- оснащенных учреж- техническому и высше- и семьи ний, преду- дений му образованию путем смотренных консолидации инфра- для этой структуры в соответ- цели ствии с требованиями рынка труда Повышение Модернизация Усовершенствование Министерство про- 2010- 2011 гг. В пределах Проведенное оценоч- качества об- школьной про- преподавания дис- свещения бюджетных ное исследование, ко- разованного граммы в кон- циплин “Гражданское ассигнова- личество пересмотрен- процесса тексте предупре- воспитание”, морально- ний, преду- ных программ ждения торговли гражданского воспита- смотренных людьми ния путем проведения для этой классных часов по во- цели просам предотвраще- ния торговли людьми Организация специ- Министерство про- 2010- 2011 гг. В пределах Количество разрабо- альных мероприятий свещения бюджетных танных модулей по предотвращению ассигнова- и борьбе с торговлей ний, преду- людьми в системе сред- смотренных него, профессиональ- для этой
165 дополнительные нормативные акты
ного и среднего специ- цели ального образования Обучение и подготовка Министерство про- Программа 2010- 2011 гг. В пределах Количество подготов-
166 педагогических кадров свещения развития бюджетных ленных и обученных на всех уровнях обра- ООН, Между- ассигнова- педагогических кадров зования в области пре- народный ний, преду- дотвращения и борьбы центр по защи- смотренных с торговлей людьми те и продви- для этой жению прав цели женщин “La Strada” Разработка учебных Министерство про- Неправитель- 2010- 2011 гг. В пределах Количество разрабо- материалов в области свещения ственные орга- бюджетных танных и распростра- предотвращения тор- низации ассигнова- ненных учебных мате- говли людьми (руко- ний, преду- риалов водство для учителей, смотренных классных руководите- для этой Торговля людьми и равенство полов в Молдове
лей, учеников и т.д.) цели Продвижение в Организация круглых Министерство про- Органы мест- 2010- 2011 гг. В пределах Фонд ООН в об- Количество проведен- учебных заведе- столов, конференций, свещения, Министер- ного публич- бюджетных ласти народона- ных мероприятий ниях демократи- диспутов, творческих ство культуры, Мини- ного управле- ассигнова- селения ческих ценностей конкурсов в области стерство здравоохра- ния, Програм- ний, преду- и международных прав человека и пред- нения, Министерство ма развития смотренных стандартов в обла- упреждения торговли внутренних дел, По- ООН для этой сти прав человека людьми граничная служба цели Усиление механиз- Обеспечение права на Министерство моло- Неправитель- 2010- 2011 гг. В пределах Количество проведен- мов по участию информирование сту- дежи и спорта ственные орга- бюджетных ных мероприятий молодежи в про- дентов через Интернет, низации ассигнова- цессе принятия открытие современных ний, преду- решений библиотек, организа- смотренных ция радио- и телепере- для этой дач для молодежи и с ее цели участием Развитие системы со- Министерство про- Неправитель- 2010- 2011 гг. В пределах Количество молодых циальных услуг для свещения, Мини- ственные орга- бюджетных людей, воспользовав- студентов, в том числе стерство молодежи и низации ассигнова- шихся услугами местные/ региональные спорта ний, преду- “горячие” и онлайн смотренных линии для этой цели 2.2. Специализированный контроль Предупрежде- Сокращение не- Поощрение частных Национальное агент- Международ- 2010- 2011 гг. Европейская Организованные и ние торговли регламентируемой агентств по трудоу- ство занятости на- ная органи- комиссия, Прави- проведенные эффек- людьми по- деятельности в стройству за рубежом селения зация труда, тельство Респу- тивные практикумы средством раз- сфере трудоу- с целью создания ассо- частные агент- блики Ирландия личных адми- стройства граждан циации и разработки ства по трудоу- нистративных за рубежом этического кодекса стройству за мер рубежом Организация учебного Национальное агент- Международ- 2010 г. Европейская Организация и прове- курса на основе спра- ство занятости насе- ная органи- комиссия, Прави- дение учебных курсов, вочника стандартов ления, Лицензионная зация труда, тельство Респу- количество обученных услуг для представите- палата частные агент- блики Ирландия специалистов лей частных агентств ства по трудоу- по трудоустройству и стройству государственных долж- ностных лиц Информиро- Содействие иден- Развитие потенциала Инспекция труда, Национальный 2010- 2011 гг. Международная Функционирующие вание и повы- тификации / са- местных систем мони- Группа мониторинга центр по пре- организация тру- местные системы мо- шение осве- моидентификации торинга детского труда, детского труда дотвращению да – Международ- ниторинга детского домленности жертв торговли включая торговлю насилия над ная программа труда населения о людьми, особенно людьми, по выявлению детьми по искоренению рисках, связан- детей случаев принудитель- детского труда ных с торговлей ного труда людьми, и укре- Организация деятель- Министерство здра- Неправитель- 2010- 2011 гг. В пределах Проведенные меропри- пление потен- ности по информиро- воохранения ственные орга- бюджетных ятия, количество под- циала самоза- ванию, просвещению, низации ассигнова- готовленной молодежи щиты от угрозы коммуникации, осо- ний, преду- этого явления бенно для молодежи, смотренных по вопросам медицин- для этой ского образования, цели здорового образа жизни, профилактики венерических заболе- ваний и ВИЧ/СПИДа, рисков и последствий торговли людьми Повышение Обеспечение вы- Разработка инструкций Министерство вну- 2010- 2011 гг. В пределах Разработанные и эффективности полнения законов/ о предоставлении вре- тренних дел бюджетных утвержденные ин- деятельности распоряжений, мени на размышление ассигнова- струкции по оказанию предоставляющих ний, преду- помощи жерт- период на обдумы- смотренных вам торговли вание продолжи- для этой
167 дополнительные нормативные акты
людьми тельностью не цели менее 30 дней для
168 лиц жертв торгов- ли людьми Обеспечение ис- Выдача вида на Министерство вну- 2010- 2011 гг. В пределах Количество жертв полнения законов жительство и доку- тренних дел бюджетных торговли людьми, ко- / распоряжений о ментации лицам без ассигнова- торым были выданы выдаче, после ис- документов, удостове- ний, преду- временные виды на течения периода ряющих личность, со- смотренных жительство обдумывания, гласно действующему для этой временного вида законодательству цели на жительство Разработка и принятие Министерство вну- 2010- 2011 гг. В пределах Разработанные и вне- всем выявленным инструкций по оценке тренних дел бюджетных дренные инструкции лицам-жертвам рисков до возвращения ассигнова- торговли людьми в страну происхожде- ний, преду- ния или принятие реше- смотренных Торговля людьми и равенство полов в Молдове
ния о ходатайствовании для этой в получении постоянно- цели го вида на жительство с гуманитарной целью (просьба о предоставле- нии убежища) Стимулирова- Консолидация Составление отчета о Территориальные Междуна- 2010- 2011 гг. Средства Международный Разработанные отчеты ние деятельно- усилий органов, деятельности, осущест- комиссии по пресече- родный центр бюджетов центр по защите и планы, внесенные сти территори- наделенных полно- вленной в 2009 году нию торговли людьми по защите и админи и продвижению предложения, органи- альных комис- мочиями в области по предупреждению продвижению стративно- прав женщин “La зованные кампании, сий по борьбе борьбы с тор- и борьбе с торговлей прав женщин террито Strada”, Между- семинары и совещания с торговлей говлей людьми в людьми “La Strada”, риальных народная орга- людьми административно- Международ- единиц низация по ми- территориальных ная организа- грации, Центр по единицах. Инфор- ция по мигра- предотвращению мирование населе- ции, Центр по торговли женщи- ния о последствиях предотвраще- нами, Междуна- нелегальной ми- нию торговли родная организа- грации и торговли женщинами, ция труда людьми Разработка полуго- Международ- Утвержденные полуго- довых планов с их ная организа- довые планы утверждением предсе- ция труда дателем Национально- го комитета по борьбе с торговлей людьми Организация инфор- Организованные ком- мационных кампаний, пании, семинары и со- семинаров и совеща- вещания ний в населенных пунктах автономно- территориального об- разования Гагаузия Внедрение учебных про- Внедренные учебные грамм по предотвраще- программы нию и борьбе с торгов- лей людьми для лиц из уязвимых групп и слу- жащих, участвующих в этих мероприятиях Представление На- Внесенные предложе- циональному комитету ния по повышению по борьбе с торговлей эффективности дея- людьми предложений тельности по борьбе с по повышению эффек- торговлей людьми тивности деятельности по борьбе с торговлей людьми 3. ПОМОЩЬ И ЗАЩИТА ЖЕРТВ И СВИДЕТЕЛЕЙ 3.1. Выявление жертв Своевремен- Содействие иден- Применение и кон- Министерство труда, Междуна- 2010- 2011 гг. Международный Количество выявлен- ное выявление тификации/ са- троль применения социальной защиты и родный центр центр по защите ных и направленных лиц, ставших моидентификации норм выявления и на- семьи по защите и и продвижению жертв, разработанный жертвами тор- жертв торговли правления жертв тор- продвижению прав женщин “La аналитический отчет о говли людьми, людьми, особенно говли людьми прав женщин Strada” внедрении норм из Республики детей “La Strada”, Молдова Международ- ная организа- ция по мигра- ции, Центр по предотвраще- нию торговли женщинами, Международ- ная органи- зация труда, Программа развития ООН/ Проект “Лучшие воз- можности для молодежи и женщин”
169 дополнительные нормативные акты Распространение на Министерство труда, Национальный 2010- 2011 гг. В пределах Международная Функционирующие
170 местном уровне систем социальной защиты центр по пре- имеющихся организация тру- местные системы мо- мониторинга тяжелых и семьи, Инспекция дотвращению внебюджет- да – Международ- ниторинга детского форм детского труда, труда органы местно- насилия над ных ресур- ная программа труда включая торговлю го публичного управ- детьми сов по искоренению детьми ления, Группа по детского труда мониторингу детского труда Содействие доступу Центр по борьбе с Междуна- 2010- 2011 гг. Международный Количество и профиль лиц, ставших жертвами торговлей людьми/ родный центр центр по защите выявленных и полу- торговли людьми, и Министерство вну- по защите и и продвижению чивших помощь лиц потенциальных жертв тренних дел продвижению прав женщин “La торговли людьми к прав женщин Strada” получению помощи “La Strada” путем немедленного их выявления Торговля людьми и равенство полов в Молдове
3.2. Социальная помощь и защита жертв Обеспечение Внедрение за- Оказание бесплатной Министерство труда, Международ- 2010- 2011 гг. В пределах Международная Количество лиц, вос- социальной конодательных помощи пострадав- социальной защиты и ная организа- бюджетных организация по пользовавшихся услу- помощи и за- положений для шим в критических семьи, Министерство ция по мигра- ассигнова- миграции, Мини- гами щиты жертвам предоставления ситуациях, с учетом здравоохранения, ции, Ассоциа- ний, преду- стерство ино- торговли людь- необходимых услуг специфики различных Министерство вну- ция женщин- смотренных странных дел Ко- ми, независимо по социальной, категорий потерпев- тренних дел юристов/ для этой ролевства Дания, от их желания медицинской, ших (гостиничные, Центр по цели Программа разви- сотрудничать психологической и юридические и психо- предотвраще- тия ООН/ Проект в процессе юридической под- логические услуги) нию торговли “Лучшие возмож- уголовного пре- держке женщинами ности для молоде- следования жи и женщин” Предоставление ме- Министерство здра- Международ- 2010- 2011 гг. В пределах Международная Количество лиц, вос- дицинской помощи в воохранения, Ми- ная организа- бюджетных организация пользовавшихся услу- публичных медико- нистерство труда, ция по мигра- ассигнова- по миграции, гами санитарных учрежде- социальной защиты и ции, Ассоциа- ний, преду- Министерство ниях в соответствии семьи, Министерство ция женщин- смотренных иностранных с действующим зако- внутренних дел юристов/ для этой дел Королевства нодательством лицам, Центр по цели Дания признанным жертвами предотвраще- торговли людьми нию торговли женщинами Оказание в соответ- Министерство здра- 2010- 2011 гг. В пределах Количество детей, по- ствии с действующим воохранения бюджетных лучивших помощь законодательством ассигнова- медицинской помощи ний, преду- детям, ставшим жерт- смотренных вами торговли людьми, для этой цели Обеспечение физи- Размещение жертв Министерство труда, Международ- 2010- 2011 гг. Международная Количество лиц, вре- ческой безопасно- торговли людьми в без- социальной защиты и ная организа- организация менно размещенных сти жертв торговли опасных социальных семьи, Министерство ция по мигра- по миграции, в центрах по уходу и людьми центрах по реабилита- здравоохранения, тер- ции, Проект Программа раз- помощи ции на центральном и риториальные комис- “Лучшие вития ООН, местном уровне сии по пресечению возможности Независимый торговли людьми для молодежи журналистский и женщин” / центр “Winrock Программа International” развития ООН, Не- зависимый журналист- ский центр “Winrock International” Информирова- Предоставление услуг Министерство вну- Ассоциация 2010- 2011 гг. В пределах Министерство 340 получателей юри- ние лиц, ставших по юридическому кон- тренних дел, Мини- женщин- бюджетных иностранных дической консультации жертвами торговли сультированию, ин- стерство иностран- юристов/ ассигнова- дел Королевства (Центр по предотвра- людьми, об их формирование жертв ных дел и европей- Центр по ний, преду- Дания, Междуна- щению торговли жен- правах об их правах и рисках ской интеграции предотвраще- смотренных родный центр по щинами), 1000 экзем- уголовной процедуры, нию торговли для этой защите и продви- пляров распространен- разработка и распро- женщинами, цели жению прав жен- ных информационных странение информаци- Междуна- щин “La Strada”, материалов онных материалов родный центр Международная по защите и организация по продвижению миграции прав женщин “La Strada”, Правовой центр Кэу- шень, Между- народная ор- ганизация по миграции 3.3. Защита свидетелей и юридическая поддержка жертв торговли людьми Обеспечение Разработка меха- Включение в систему Министерство вну- 2010- 2011 гг. В пределах Применяемый меха- специальной низма для реали- защиты жертв, решив- тренних дел бюджетных низм специальной защиты жертв, зации осуществле- ших сотрудничать в ассигнова- защиты жертв, желаю- желающих уча- ния мер государ- процессе привлечения ний, преду- щих принять участие ствовать в каче- ственной защиты к ответственности тор- смотренных в судебном процессе в стве свидетелей жертв торговли говцев людьми для этой качестве свидетеля в судебном людьми в цели
171 дополнительные нормативные акты
процессе соответствии с Защита уязвимых Министерство вну- 2010- 2011 гг. В пределах Количество детей, по-
172 международными свидетелей, особенно тренних дел бюджетных лучивших помощь стандартами детей, в ходе судебного ассигнова- процесса путем предо- ний, преду- ставления посредни- смотренных ческих услуг, психо- для этой социальной помощи цели и представительства интересов Создание комнат для Министерство вну- Междуна- 2010- 2011 гг. Международный Функционирующая собеседования/ опроса тренних дел, Гене- родный центр центр по защите комната, оснащенная пострадавших детей/ ральная прокуратура по защите и и продвижению соответствующим детей-свидетелей продвижению прав женщин “La образом, разработка прав женщин Strada” регламентирующей “La Strada” основы и адекватное Торговля людьми и равенство полов в Молдове
обучение персонала 3.4. Репатриация, реабилитация, реинтеграция Снижение ри- Содействие соци- Охват лиц, ставших Национальное Международ- 2010- 2011 гг. В пределах Международная Количество жертв, ска для жертв альной реинтегра- жертвами торговли агентство занятости ная организа- бюджетных организация по трудоустроенных в торговли людь- ции лиц, ставших людьми, активными населения, территори- ция по мигра- ассигнова- миграции, Про- течение года после ре- ми лиц повтор- жертвами торговли мерами на рынке тру- альные комиссии по ции, Програм- ний, преду- грамма развития интеграции но стать жерт- да: ярмарки вакансий, пресечению торговли ма развития смотренных ООН/ Проект вами и / или семинары “Клуб труда”, людьми ООН/ Проект для этой “Лучшие возмож- подвергнуться общественные работы “Лучшие воз- цели ности для моло- торговле людь- можности для дежи и женщин” ми молодежи и женщин” Организация курсов Национальное агент- Международ- 2010- 2011 гг. Фонд без- Международная Количество получате- профессиональной ство занятости насе- ная организа- работицы организация по лей соответствующих подготовки, предостав- ления, Министерство ция по мигра- миграции, Про- услуг, не менее 70 ление минимальных труда, социальной ции, Програм- грамма развития человек, получивших пособий, жилья, сти- защиты и семьи ма развития ООН/ Проект помощь через службы, пендий, гуманитарной ООН/ Проект “Лучшие возмож- созданные Программой помощи жертвам и их “Лучшие воз- ности для моло- развития ООН/ Проек- детям можности для дежи и женщин” том “Лучшие возмож- молодежи и ности для молодежи и женщин” женщин” 4. РАССЛЕДОВАНИЕ И СУДЕБНОЕ ПРЕСЛЕДОВАНИЕ ТОРГОВЦЕВ ЛЮДЬМИ 4.1. Проактивное и реактивное расследование Более широкое Повышение полно- Планирование и Министерство про- 2010- 2011 гг. В пределах Разработанная учебная применение мочий и уровня включение в учебные свещения, Министер- бюджетных программа проактивных знаний офицеров программы высших ство внутренних дел ассигнова- методов рассле- правоохранитель- учебных заведений ний, преду- дования ных органов отно- юридического профиля смотренных сительно методов дополнительных часов для этой перспективного по методам расследова- цели расследования и их ния случаев торговли значение для рас- людьми следования случаев торговли людьми Укрепление со- Организация круглых Министерство вну- 2010- 2011 гг. В пределах Организованные кру- трудничества столов с участием тренних дел, Гене- бюджетных глые столы, разрабо- между правоохра- представителей сило- ральная прокуратура, ассигнова- танные и внедренные нительными орга- вых структур по борь- Таможенная служба, ний, преду- эффективные механиз- нами, уполномо- бе с торговлей людьми Пограничная служба, смотренных мы по борьбе с торгов- ченными в области для разработки и укре- Служба информа- для этой лей людьми предупреждения и пления эффективных ции и безопасности, цели борьбы с торговлей механизмов сотрудни- Центр по борьбе с людьми чества экономическими пре- ступлениями и кор- рупцией Командирование офи- Министерство вну- 2010- 2011 гг. В пределах Количество откоман- церов связи в рамках тренних дел, По- бюджетных дированных офицеров Центра по борьбе с граничная служба, ассигнова- торговлей людьми Ми- Таможенная служба, ний, преду- нистерства внутренних Служба информа- смотренных дел ции и безопасности, для этой Центр по борьбе с цели экономическими пре- ступлениями и кор- рупцией Организация рабочих Генеральная прокура- 2010- 2011 гг. В пределах Количество организо- заседаний Координа- тура (Координацион- бюджетных ванных рабочих засе- ционного совета пра- ный совет) ассигнова- даний в области преду- воохранительных орга- ний, преду- преждения и борьбы с нов в области борьбы с смотренных торговлей людьми торговлей людьми для этой цели
173 дополнительные нормативные акты 4.2. Судебное преследование и осуждение преступников
174 Увеличение Повышение уровня Оценка потребностей в Министерство вну- Междуна- 2010- 2011 гг. Европейская Разработанное и при- количества слу- знаний аспектов обучении сотрудников тренних дел, На- родная орга- комиссия, Прави- меняемое пособие по чаев судебного торговли людьми правоохранительных циональный институт низация труда тельство Респу- подготовке преследования сотрудниками пра- органов и разработка юстиции Междуна- блики Ирландия и осуждения воохранительных и экспериментальных родный центр лиц, участвую- судебных органов курсов подготовки по по развитию щих в торговле выявлению случаев миграционной людьми торговли людьми политики, Междуна- родная орга- низация по миграции Организация учебных Министерство вну- Ассоциация 2010- 2011 гг. В пределах Министерство Количество проведен- курсов для предста- тренних дел, На- женщин- бюджетных иностранных ных учебных курсов, Торговля людьми и равенство полов в Молдове
вителей правоохра- циональный институт юристов/ ассигнова- дел Королевства количество участников нительных органов в юстиции Центр по ний, преду- Дания регионах по рассле- предотвраще- смотренных дованию случаев тор- нию торговли для этой говли людьми с целью женщинами цели принудительного труда Установление эф- Проведение анализа Министерство юсти- Междуна- 2010 г. В пределах Проведенное исследо- фективных и про- дел и примененных ции родная орга- бюджетных вание порциональных наказаний за престу- низация по ассигнова- мер наказания за пления, связанные с миграции, ний, преду- торговлю людьми торговлей людьми Высшая судеб- смотренных ная палата для этой цели 4.3. Правовая реабилитация и компенсации жертвам Предоставле- Информирование Обеспечение жертв Адвокатское бюро, Ассоциация 2010- 2011 гг. В пределах Министерство Количество жертв ние компенса- жертв о возмож- торговли людьми бес- Национальный совет женщин- бюджетных иностранных торговли людьми, вос- ций жертвам ностях получения платной юридической по юридической по- юристов/ ассигнова- дел Королевства пользовавшихся бес- торговли людь- компенсации помощью на всех мощи Центр по ний, преду- Дания платными юридически- ми этапах уголовного про- предотвраще- смотренных ми услугами цесса нию торговли для этой женщинами, цели Правовой центр Кэу- шень, Между- народная ор- ганизация по миграции 4.4. Отношение полиции и судебных органов к жертвам/свидетелям Обеспечение Обеспечение не- Создание профес- Министерство вну- Ассоциация 2010- 2011 гг. В пределах Министерство Созданная многопро- правоохра- дискриминацион- сиональной много- тренних дел, Гене- женщин- бюджетных иностранных фильная группа нительными ного отношения профильной группы ральная прокуратура юристов/ ассигнова- дел Королевства и судебными на основании (представитель закона/ Центр по пре- ний, преду- Дания органами соблюдения прав социальный работник/ дотвращению смотренных адекватного и человека всеми психолог) для прове- торговли жен- для этой недискрими- субъектами, ра- дения собеседований щинами, Меж- цели национного ботающими с с жертвами торговли дународная обращения к лицами-жертвами людьми организация жертвам торговли людьми по миграции 5. МЕЖДУНАРОДНОЕ СОТРУДНИЧЕСТВО 5.1. Усиление международного сотрудничества Укрепление Развитие со- Проведение перего- Министерство ино- Международ- 2010- 2011 гг. Министер- Заключенные и при- позиции Респу- трудничества с воров по Соглашению странных дел и ная организа- ство труда, меняемые соглашения блики Молдова государствами- между Правительством европейской интегра- ция по мигра- социальной о сотрудничестве с ана- как надежно- членами и специ- Республики Молдова ции, Министерство ции, Между- защиты логичными иностран- го партнера ализированными и Правительством внутренних дел, народная и семьи, ными учреждениями; международной структурами дру- Российской Федерации Министерство труда, организация Министер- организованные и про- деятельности гих государств в о сотрудничестве в социальной защиты и труда, Между- ство ино- веденные семинары, по уменьшению области предупре- области репатриации семьи, Министерство народный странных конференции, практи- размеров явле- ждения и борьбы с жертв торговли людь- просвещения центр по защи- дел и ев- кумы, встречи на меж- ния торговли торговлей людьми ми, торговли детьми, те и продви- ропейской дународном уровне людьми и оказания необхо- нелегального трафика жению прав интеграции, димой помощи ее мигрантов, детей без женщин “La Между- жертвам сопровождения и ми- Strada”, Мини- народная грантов, находящихся стерство труда, органи- в трудном положении, социальной зация по утвержденному По- защиты и миграции, становлением Прави- семьи, Мини- Швейцар- тельства № 926 от 31 стерство ино- ский фонд декабря 2009 г. странных дел “Terre des и европейской Hommes” интеграции, Швейцарский фонд “Terre des Hommes”
175 дополнительные нормативные акты Доработка и продвиже- Министерство ино- Международная 2010- 2011 гг. Министерство Количество программ,
176 ние проекта Постанов- странных дел и организация труда, социаль- курсов подготовки / ления Правительства о европейской интегра- по миграции, ной защиты и образования/ инфор- начале переговоров по ции, Министерство Международная семьи, Мини- мирования, организо- проекту Соглашения внутренних дел, организация стерство ино- ванных для персонала, между Правительством Министерство труда, труда, Между- странных дел участвующего в про- Республики Молдова и социальной защиты и народный центр и европейской граммах и специальных Правительством Ита- семьи по защите и интеграции, мероприятиях, коли- льянской Республики продвижению Международная чество предложений и по вопросам сотруд- прав женщин организация по рекомендаций в целях ничества в области “La Strada”, Ми- миграции предупреждения и защиты молдавских нистерство тру- борьбы с торговлей детей без сопровожде- да, социальной людьми ния или находящихся в защиты и семьи, трудном положении на Министерство территории Итальян- иностранных Торговля людьми и равенство полов в Молдове
ской Республики дел и европей- ской интеграции Разработка, продвиже- Министерство вну- Министерство 2010- 2011 гг. Международная Количество заключен- ние проекта Соглаше- тренних дел, Гене- труда, со- организация по ных и внедренных со- ния между Правитель- ральная прокуратура, циальной за- миграции глашений; количество ством Республики Мол- Таможенная служба, щиты и семьи, отправленных/ полу- дова и Правительством Пограничная служба, Министерство ченных отчетов, содер- Республики Украина Служба информации иностранных жащих оперативную о сотрудничестве в и безопасности дел и европей- информацию, коли- области репатриации ской интегра- чество встреч с целью жертв торговли людь- ции, Между- обмена опытом ми, торговли детьми, народная незаконного трафика организация мигрантов, детей без по миграции, сопровождения и ми- Швейцарский грантов, находящихся фонд “Terre des в затруднительном Hommes” положении, и иниции- рование переговоров по этой проблеме Участие в работах спе- Министерство труда, Междуна- IV квартал Количество организо- циального Комитета социальной защиты родный центр 2011 г. ванных заседаний для разработки Евро- и семьи, Генеральная по защите и пейской конвенции от- прокуратура продвижению носительно предупре- прав женщин ждения и борьбы с на- “La Strada” силием по отношению к женщинам, включая насилие в семье 5.2. Международное полицейское и судебное сотрудничество Расширение Обеспечение меж- Обеспечение междуна- Министерство вну- Международ- 2010- 2011 гг. В пределах Количество меро- междуна- дународной юри- родной юридической тренних дел, Гене- ная организа- бюджетных приятий, проведенных родного со- дической помощи помощи по уголовным ральная прокуратура, ция по мигра- ассигнова- совместно с зарубеж- трудничества в по уголовным делам посредством Таможенная служба, ции, Между- ний, преду- ными правоохрани- расследовании делам в случаях поручений-запросов Министерство юсти- народная орга- смотренных тельными органами, дел о торговле торговли людьми, по случаям торговли ции низация труда, для этой количество подан- людьми сотрудничество людьми и обмен опера- Междуна- цели ных и выполненных с EUROPOL, тивной информацией родный центр поручений-запросов INTERPOL и SECI по защите и продвижению прав женщин “La Strada” Повышение воз- Создание механизмов Министерство юсти- Высшая су- 2010- 2011 гг. В пределах Разработанные меха- можностей сотруд- сотрудничества и об- ции дебная палата, бюджетных низмы и инструменты ников правоохра- мена опытом судей с Верховный ассигнова- нительных и су- их коллегами в других совет маги- ний, преду- дебных органов по государствах, а также стратуры смотренных сотрудничеству с международными для этой соответствующими структурами (Европей- цели органами других ская юридическая сеть) государств Усовершенствова- Подписание между- Министерство ино- Междуна- 2010- 2011 гг. В пределах Международная Подписанные между- ние обмена дан- народных соглашений странных дел и евро- родная орга- бюджетных организация по народные соглашения, ными с другими о взаимной правовой пейской интеграции, низация по ассигнова- миграции количество торговцев странами помощи с государства- Генеральная прокура- миграции ний, преду- людьми, объявленных ми, с которыми еще не тура, Министерство смотренных в розыск; количество заключены подобные юстиции для этой экстрадированных соглашения цели торговцев людьми; количество репатрии- рованных жертв, коли- чество свидетелей, уча- ствующих в уголовных процессах, из стран транзита и назначения
[Приложение N 3 в редакции Пост.Прав. N 835 от 13.09.2010, в силу 24.09.2010]
177 дополнительные нормативные акты Торговля людьми и равенство полов в Молдове
ПОСТАНОВЛЕНИЕ об утверждении Специального плана в дополнение к Национальному плану по предотвращению и борьбе с торговлей людьми на 2010-2011 гг. N 1170 от 21.12.2010 Мониторул Офичиал N 259-263/1315 от 31.12.2010
На основании Закона № 241-XVI от 20 октября 2005 года о предотвращении и борьбе с торговлей людьми (Официальный монитор Республики Молдова, 2005 г., № 164-167, ст.812), с последующими из- менениями и дополнениями, Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить Специальный план в дополнение к Национальному плану по предотвращению и борьбе с торговлей людьми на 2010-2011 гг. (прилагается). 2. Средства, необходимые для выполнения задач, предусмотренных в Специальном плане, утвержден- ном в пункте 1 настоящего Постановления, будут обеспечены каждым учреждением с полномочиями в со- ответствующей области, согласно срокам реализации, приоритетам и имеющимся ресурсам, которые будут включены в собственные бюджеты. 3. Министерствам, другим центральным административным органам и органам местного публичного управления, ответственным за внедрение и реализацию предусмотренных мер, ежеквартально представ- лять Национальному комитету по борьбе с торговлей людьми отчеты о выполнении Специального плана в дополнение к Национальному плану по предотвращению и борьбе с торговлей людьми на 2010-2011 гг.
ПРЕМЬЕР-МИНИСТР Владимир ФИЛАТ
Контрассигнуют: зам. премьер-министра, министр иностранных дел и европейской интеграции Юрие Лянкэ зам. премьер-министра, министр экономики Валериу Лазар министр внутренних дел Виктор Катан министр труда, социальной защиты и семьи Валентина Булига министр просвещения Леонид Бужор министр здравоохранения Владимир Хотиняну министр культуры Борис Фокша министр информационных технологий и связи Александру Олейник министр финансов Вячеслав Негруца
Кишинэу, 21 декабря 2010 г. № 1170.
178 Утвержден Постановлением Правительства № 1170 от 21 декабря 2010 г.
СПЕЦИАЛЬНЫЙ ПЛАН в дополнение к Плану по предотвращению и борьбе с торговлей людьми на 2010-2011 годы Структуры, Срок Источники Стратегиче- Специальные цели Действия / Ожидаемые ответственные Партнеры выпол- бюджет- другие ские цели и задачи поддействия результаты за внедрение нения ные источники 1 2 3 4 5 6 7 8 9 1. Расследование случаев участия государственных служащих в торговле людьми, их преследование и осуждение 1. Расследова- Доказательство Укрепление потенциала Министерство вну- Постоянно Расследованные и ние случаев вины и осуждение правоохранительных ор- тренних дел/ осужденные случаи соучастия го- государственных ганов в целях выявления Центр по борьбе с торговли людьми сударственных служащих, содей- государственных служа- торговлей людьми; служащих, в ствовавших торгов- щих, участвующих в слу- Генеральная прокура- преступлени- ле людьми чаях торговли людьми тура; ях, связанных Служба информации с торговлей и безопасности людьми Сбор веских доказа- Министерство вну- Постоянно Собранные веские тельств в рамках уго- тренних дел/ доказательства ловного преследования Центр по борьбе с с целью доказательства торговлей людьми; вины государственных Генеральная прокура- служащих, причастных к тура; случаям торговли людьми Создание механизма Генеральная проку- Полу- Отчет о монито- мониторинга и оцен- ратура годовой ринге и оценке, ки уголовных дел по отчет представленный торговле людьми (воз- Национальному бужденных, прекра- комитету по борьбе щенных, завершенных с торговлей людьми вынесением приговора) с точки зрения причаст- ности государственных служащих к содействию / поддержке данной ка- тегории преступлений, в том числе ведение учета жалоб / заявлений о та- ких случаях
179 дополнительные нормативные акты Усиление сотрудни- Министерство вну- Международная Постоянно Гражданское
180 чества правоохрани- тренних дел / организация общество, включая тельных органов со Центр по борьбе с по миграции, средства массовой средствами массовой торговлей людьми; Центр по информации, со- информации и граждан- Министерство труда, предотвраще- трудничает с пра- ским обществом в целях социальной защиты и нию торговли воохранительными предупреждения безна- семьи; женщинами, органами с целью казанности и пресечения Генеральная проку- организации и предупреждения коррупции в случаях ратура объединения безнаказанности торговли людьми гражданского и пресечения кор- общества; рупции в случаях средства массо- торговли людьми вой информа- ции Анализ дел и наказаний, Министерство юсти- Международная 2010-2011 гг. Проведенное иссле- Торговля людьми и равенство полов в Молдове
применяемых за пре- ции организация по дование ступления, связанные миграции, с торговлей людьми, с Высшая судеб- точки зрения причаст- ная палата ности государственных служащих к содействию/ поддержке таких престу- плений Создание сре- Усовершенствова- Пересмотр и, при не- Генеральная прокура- Высшая судеб- Первое полуго- Бюджетные Разработанные про- ды нетерпи- ние существующего обходимости, представ- тура; ная палата дие 2010 г. средства екты законов мости к любой следственного ме- ление предложений о Центр по борьбе с незаконной ханизма, как с за- внесении изменений в экономическими пре- причастности конодательной, так законодательство (пере- ступлениями и кор- государствен- и с институциональ- смотр законодательства рупцией; ных служащих ной точки зрения, в части применения Служба информации к случаям тор- в соответствии со активных мер по рас- и безопасности; говли людьми следующими прин- следованию, разработке Министерство вну- ципами: проектов законов о тренних дел; эффективность, внесении изменений в Министерство юсти- оперативность, ком- Закон об оперативно- ции плексный (много- розыскной деятель- сторонний) подход, ности и Уголовно- законность, соблю- процессуальный кодекс) дение прав и свобод человека, непрерыв- ность уголовного процесса Усовершенствование Пересмотр существую- Министерство вну- Высшая судеб- Первое полуго- Бюджетные Проведенные иссле- существующего ме- щей системы уголовного тренних дел; ная палата дие 2011 г. средства дования, ханизма уголовного преследования: Центр по борьбе с разработанные про- преследования, как оценка возможности ис- экономическими пре- екты законов с законодательной, ключения органа уголов- ступлениями и кор- так и с институ- ного преследования из рупцией; циональной точки уголовного процесса Таможенная служба; зрения, с целью ис- повышение руководящей Генеральная прокура- ключения ненужных и координирующей роли тура; звеньев прокурора в уголовном Министерство юсти- процессе ции Совершенство- Создание функцио- Представление в На- Национальный коми- 2011 г. Вне- Созданная функ- вание процесса нальной базы дан- циональный комитет тет по борьбе с тор- бюджетные циональная база сбора инфор- ных на центральном по борьбе с торговлей говлей людьми; средства данных; мации о слу- уровне, администри- людьми предложений о Министерство вну- члены Националь- чаях торговли руемой Секретариа- формировании смешан- тренних дел, ного секретариата, людьми на всех том Национального ной рабочей группы, Министерство юсти- обученные монито- этапах уголов- комитета по борьбе созданной из представи- ции; рингу базы данных ного процесса, с торговлей людьми телей Генеральной про- Служба информации включая рас- куратуры, Министерства и безопасности; следование, внутренних дел, Службы Пограничная служба; преследование, информации и безопас- постоянный секрета- осуждение и ности, Пограничной риат приговоры, службы, с целью анализа вынесенные возможностей создания виновным ли- единой базы данных цам, причаст- правоохранительных ор- ным к торговле ганов, предназначенной людьми для поддержки усилий по сбору информации о случаях торговли людьми на всех этапах уголовного процесса, включая информацию из пунктов пересечения го- сударственной границы
181 дополнительные нормативные акты Обеспечение Создание и развитие Создание эффективного Генеральная прокура- Первое полуго- Бюджетные Договоры и про-
182 доступа к централизованной механизма обмена инфор- тура; Министерство дие 2011 г. средства токолы сотрудни- информации национальной си- мацией между уполномо- внутренних дел; Ми- чества, содержащие и обмену дан- стемы учета данных ченными учреждениями нистерство юстиции; положения об обме- ными на на- о торговле людьми и задействованными Министерство труда, не данными циональном неправительственными социальной защиты и и междуна- организациями семьи родном уровне Определение общих Министерство вну- Второе полуго- Бюджетные Установленные об- в области показателей учета дан- тренних дел; Мини- дие 2011 г. средства щие показатели предотвраще- ных в отношении лиц, стерство юстиции; ния и борьбы причастных к торговле Министерство труда, с торговлей людьми социальной защиты людьми и семьи; Генеральная прокуратура Создание взаимосвязан- Генеральная прокура- Второе полуго- Бюджетные Созданная система Торговля людьми и равенство полов в Молдове
ной системы между всеми тура; Министерство дие 2011 г. средства учреждениями с функци- внутренних дел; ями расследования, уго- Центр по борьбе с ловного преследования и коррупцией и эконо- судебного рассмотрения мическими престу- уголовных дел в отноше- плениями нии торговли людьми 2. Помощь и защита жертв торговли людьми Предоставле- Выявление и защита Увеличение ассигно- Министерство фи- 2011 г. Увеличение Увеличенные фи- ние помощи и детей и взрослых ваний на совместное нансов; на 555,1 тыс. нансовые ассигно- защиты жертв – жертв торговли финансирование Центра Министерство труда, леев вания торговли людь- людьми помощи и защиты жертв социальной защиты и ми и потенциальных жертв семьи торговли людьми соглас- но прогнозу расходов на 2011-2013 гг. Выделение финансовых Министерство фи- Международная 2011 г. 100 тыс.леев Выделенные финан- средств согласно Про- нансов организация по совые средства гнозу расходов на 2011- миграции; 2013 гг. для репатриации Фонд “Terre des детей и взрослых – Hommes” жертв и потенциальных жертв торговли людьми, трафика незаконной миграции, а также детей без сопровождения Расширение междуна- Министерство вну- Международ- 2010-2011 гг. Заключенные и под- родного сотрудничества тренних дел; ный центр “La писанные двусто- в данной области с Министерство труда, Strada” ронние соглашения; целью выявления и за- социальной защиты и расширенное меж- щиты потенциальных семьи; дународное сотруд- жертв торговли людьми, Служба информации ничество в том числе посредством и безопасности заключения соответ- ствующих двусторонних соглашений Предоставление услуг по Министерство труда, 2010 г. 100 тыс.леев Предоставленные репатриации уязвимых социальной защиты и 2011 г. 100 тыс.леев услуги по репатриа- лиц, находящихся за семьи ции рубежом, жертв торгов- ли людьми (взрослые и дети), трафика нелегаль- ных мигрантов, детей без сопровождения Институциональная Районный совет Кэу- 2011 г. 373,5 тыс. Институцио- защита лиц из Придне- шень; леев нальная защита, стровского региона, по- Территориальная гарантированная страдавших вследствие комиссия по борьбе жертвам торговли торговли людьми с торговлей людьми людьми из Придне- Кэушень стровского региона Усовершенствование Внесение изменений в Министерство вну- 2011 г. Количество пере- системы защиты законодательные и нор- тренних дел смотренных и детей – жертв тор- мативные акты с целью урегулированных говли людьми путем регламентирования и законодательных поощрения обра- гармонизации процеду- актов по процедуре щений правоохра- ры приема малолетних приема жертв тор- нительных органов жертв торговли людьми говли людьми за консультацией в специально оборудо- к экспертам из не- ванных помещениях, правительственных при участии специалиста организаций (психопедагога), при необходимости, офицера уголовного преследо- вания, прокурора или судьи
183 дополнительные нормативные акты 3. Сотрудничество на национальном и международном уровне
184 Совершен- Внедрение положе- Расширение Националь- Министерство труда, Международная 2010 г. Вне- Обучение и оснаще- ствование со- ний Стратегии На- ной системы перена- социальной защиты и организация по бюджетные ние рабочих мест, трудничества циональной системы правления в 5 районах семьи миграции; средства согласно нуждам, между терри- перенаправления Фонд ООН в для 5 многофункци- ториальными для предоставления области народо- ональных команд комиссиями по помощи и защиты населения борьбе с тор- жертвам и потен- говлей людьми циальным жертвам и правоохра- торговли людьми, нительными утвержденной По- органами становлением Пар- ламента № 257-XVI от 5 декабря 2008 г. Постоянный мони- Дальнейшее проведение Секретариат Нацио- Международная Постоянно Вне- Число рабочих за- Торговля людьми и равенство полов в Молдове
торинг деятельности совместных рабочих нального комитета по организация бюджетные седаний в рамках территориальных заседаний территори- борьбе с торговлей по миграции, средства территориальных комиссий по борьбе альных комиссий с пред- людьми; Организация по комиссий; с торговлей людьми ставителями правоохра- территориальные безопасности и число протоколов, и обучение ее членов нительных органов, комиссии по борьбе с сотрудничеству посещений на ме- органов местного пу- торговлей людьми в Европе стах бличного управления и гражданского общества Организация семинаров Секретариат Нацио- Международная Постоянно Вне- Число обученных по обучению и обмену нального комитета по организация бюджетные членов территори- надлежащими практика- борьбе с торговлей по миграции; средства альных комиссий ми между территориаль- людьми; Организация по ными комиссиями территориальные безопасности и комиссии по борьбе с сотрудничеству торговлей людьми в Европе Подписание много- Разработка и примене- Национальный коми- Первое полуго- Разработанная и сторонних меморан- ние модели многосто- тет по борьбе с тор- дие 2011 г. утвержденная мо- думов о сотрудниче- роннего меморандума о говлей людьми; дель многосторон- стве между структу- сотрудничестве (типо- территориальные него меморандума о рами, действующими вой документ) комиссии по борьбе с сотрудничестве в сфере предотвра- торговлей людьми; щения и борьбы с Министерство вну- торговлей людьми тренних дел; (территориальные Центр по борьбе с комиссии по борьбе торговлей людьми; с торговлей людьми, Министерство труда, многофункцио- социальной защиты и нальные команды и семьи; присутствующие на неправительственные территории организации неправительствен- Ведение переговоров и Национальный коми- 2010-2011 гг. Число проведен- ные организации), и утверждение многосто- тет по борьбе с тор- ных переговоров правоохранительны- ронних меморандумов о говлей людьми; и утвержденных ми органами терри- сотрудничестве территориальные многосторонних ториального уровня комиссии по борьбе с меморандумов торговлей людьми; Министерство вну- тренних дел; Центр по борьбе с торговлей людьми; Министерство труда, социальной защиты и семьи; неправительственные организации Проведение регуляр- Проведение регулярных Национальный коми- Постоянно Число рабочих ных встреч между встреч с участием тер- тет по борьбе с тор- заседаний, число организациями в риториальных комиссий говлей людьми; встреч, обмен опы- области борьбы с по борьбе с торговлей территориальные том в рамках рабо- торговлей людьми людьми и правоохра- комиссии по борьбе с ты территориаль- на территориальном нительных органов, в торговлей людьми; ных комиссий по уровне с целью ко- рамках которых должны Министерство вну- борьбе с торговлей ординации действий решаться проблемы и/ тренних дел; людьми и улучшения сотруд- или внедряться инно- Центр по борьбе с ничества вационные решения торговлей людьми; для предотвращения Министерство труда, и борьбы с торговлей социальной защиты и людьми, требующие семьи вмешательства на уровне муниципальных/ район- ных политики и/или на законодательном уровне Обсуждение/ совместное Национальный коми- Постоянно Рабочие заседания, решение случаев тор- тет по борьбе с тор- круглые столы, об- говли людьми, которые, говлей людьми; мен надлежащими вследствие их слож- территориальные практиками ности или серьезности, комиссии по борьбе с требуют вмешательства торговлей людьми; решающих факторов в Министерство вну- рамках территориальных тренних дел; комиссий по борьбе с Министерство труда, торговлей людьми социальной защиты и семьи
185 дополнительные нормативные акты 4. Привлечение внимания и информирование
186 Организация Привлечение вни- Выполнение мер по при- Министерство труда, Международная 2011 г. Из средств Дети из учрежде- кампаний по мания широкой влечению внимания в дет- социальной защиты и организация по партнеров ний интернатного привлечению общественности к ских учреждениях интер- семьи миграции; типа, проинформи- внимания и проблемам предот- натного типа посредством Центр инфор- рованные по вопро- информирова- вращения торговли социального театра (инте- мирования и до- су предотвращения нию населения, людьми рактивный инструмент кументирования торговли людьми и целевыми груп- воспитания “от равного к в области прав насилия пами которых равному”) на тему торгов- ребенка являются: ли людьми и насилия дети, про- Организация заседаний Министерство труда, Международная 2011 г. Информацион- Дети из учрежде- живающие в по информированию социальной защиты и организация по ные материалы, ний интернатного учреждениях и консультированию в семьи; миграции предоставленные типа, проинформи- интернатного отношении рисков тор- многофункциональ- Международной рованные о рисках типа, населе- говли людьми для вы- ные территориальные организацией по торговли людьми ние с высоким пускников учреждений команды миграции Торговля людьми и равенство полов в Молдове
уровнем уязви- интернатного типа; мости распространение инфор- мационных материалов Привлечение внимания Министерство куль- 2010-2011 г. Число спектаклей и общества к проблемам туры зрителей, выставок торговли людьми через и посетителей произведения культуры и искусства Организация и проведе- Министерство вну- 2011 г. Число организован- ние кампаний по ознаком- тренних дел; ных и проведенных лению несовершеннолет- Министерство труда, кампаний по озна- них с рисками и послед- социальной защиты и комлению ствиями торговли детьми семьи Информационная кам- Министерство моло- Члены Нацио- 2010 г. 30 тыс.леев Центральные и мест- пания “Молодежь – это дежи и спорта нального коми- ные органы публич- потенциал” тета по коор- ного управления; динированию образовательные и деятельности, научные учреждения, посвященной экономические аген- Международно- ты, предприниматели му году молоде- и бизнесмены, озна- жи (2010-2011 комленные и про- гг.) информированные в отношении исполь- зования потенциала детей и молодежи; дети и молодежь, проинформирован- ные о явлении, как торговля людьми дополнительные нормативные акты
18. ПОСТАНОВЛЕНИЕ об утверждении Национальной программы по обеспечению гендерного равенства на 2010-2015 годы N 933 от 31.12.2009 Мониторул Офичиал N 5-7/27 от 19.01.2010
*** В соответствии со ст.17 Закона № 5-XVI от 9 февраля 2006 года об обеспечении равных возможностей для женщин и мужчин (Официальный монитор Республики Молдова, 2006 г., № 47-50, ст.200), с последую- щими изменениями, и в целях обеспечения комплексного подхода к вопросу о равенстве между женщинами и мужчинами в документах политик во всех областях и на всех уровнях принятия и выполнения решений Правительство
ПОСТАНОВЛЯЕТ: 1. Утвердить: Национальную программу по обеспечению гендерного равенства на 2010-2015 годы согласно приложе- нию № 1; План действий по внедрению в период с 2010 по 2012 год Национальной программы по обеспечению гендерного равенства на 2010-2015 годы согласно приложению № 2. 2. Установить, что реализация Национальной программы будет обеспечена посредством двух средне- срочных планов действий, которые будут внедряться компетентными органами в 2010-2012 гг. и 2013-2015 гг. 3. Министерствам, другим центральным административным органам внедрять положения Националь- ной программы по обеспечению гендерного равенства на 2010-2015 годы и информировать ежегодно (до 15 февраля) Министерство труда, социальной защиты и семьи о ходе их выполнения. Одновременно ре- комендовать органам местного публичного управления обеспечить внедрение положений вышеуказанной Программы на местном уровне. 4. После представления в 2012 году (к 1 декабря 2012 г.) сводного отчета о внедрении первого плана действий министерствам и другим центральным административным органам представить Министерству труда, социальной защиты и семьи предложения по разработке второго плана действий на 2013-2015 гг. в целях обеспечения полного достижения стратегических целей Национальной программы. 5. Мониторинг и координирование процесса реализации Национальной программы по обеспечению гендерного равенства на 2010-2015 годы возложить на Министерство труда, социальной защиты и семьи, которое будет отчитываться перед Правительством о ее реализации один раз в году (до 1 марта). 6. Контроль за выполнением настоящего Постановления возложить на Правительственную комиссию по гендерному равенству.
ПРЕМЬЕР-МИНИСТР Владимир ФИЛАТ
Контрассигнуют: зам. премьер-министра Ион Негрей министр труда, социальной защиты и семьи Валентина Булига министр просвещения Леонид Бужор министр внутренних дел Виктор Катан министр здравоохранения Владимир Хотиняну министр финансов Вячеслав Негруца Кишинэу, 31 декабря 2009 г. № 933.
187 Торговля людьми и равенство полов в Молдове
Приложение № 1 к Постановлению Правительства № 933 от 31 декабря 2009 г.
НАЦИОНАЛЬНАЯ ПРОГРАММА по обеспечению гендерного равенства в Республике Молдова
I. ОПРЕДЕЛЕНИЕ ПРОБЛЕМЫ 1. Национальная программа по обеспечению гендерного равенства в Республике Молдова на 2010-2015 годы (в дальнейшем – Национальная программа) предусматривает всеобъемлющий подход к интегрирова- нию принципа равенства между женщинами и мужчинами в документах политик во всех областях и на всех уровнях принятия и выполнения решений. Целью данной Программы является обеспечение продвижения гендерного равенства в экономической, политической и социальной жизни, что составляет основу соблю- дения фундаментальных прав человека всех граждан страны. 2. Необходимость разработки настоящей Национальной программы вызвана очевидными сложностями в области обеспечения равенства между женщинами и мужчинами, а также необходимостью внедрения до- кументов многосекторальной политики, в которых будут учтены отличные потребности женщин и мужчин в обществе, что приведет к сокращению существующего дисбаланса в контексте национальных усилий по искоренению бедности и реформированию публичного сектора как средства продвижения и гарантирова- ния фундаментальных прав человека. 3. Внедрение Национальной программы создаст лучшие возможности для обеспечения фактического и юридического гендерного равенства как неотъемлемой части процесса создания подлинной демократии, осознающей различие полов и восприимчивой к ним, предпосылками которой будут обеспечение участия всех членов общества, женщин и мужчин, во всех областях жизни. Принятие данной Программы позволит повысить эффективность и направить финансовые ресурсы на реализацию различных секторальных по- литик с точки зрения гендерного равенства, что положительно скажется на качестве жизни всех граждан. 4. Внедрение настоящей Национальной программы будет способствовать выполнению Республикой Молдова внутренних и международных обязательств, принятых в контексте стратегических целей в области обеспечения прав человека, при этом акцент будет сделан на обеспечении гендерного равенства.
Международные, региональные и национальные нормативные рамки в области гендерного равенства 5. Нормативные рамки, формирующие основу политик и действий в области гендерного равенства в Ре- спублике Молдова, определяются действующими международными документами, стороной которых явля- ется государство: Всеобщая декларация прав человека (1948 г.), Конвенция о политических правах женщи- ны (1952 г.), Международный пакт об экономических, социальных и культурных правах (1966 г.), Конвенция о ликвидации всех форм дискриминации в отношении женщин (1979 г.), Пекинская Декларация и Платфор- ма действий (1995 г.), Декларация Тысячелетия (2000 г.), Конвенции Всемирной организации труда и т.д. 6. Ориентирование Республики Молдова в сторону интеграции в Европейский Союз обусловливает присоединение к соответствующим инструментам в данной области: Амстердамское соглашение (1999 г.), пересмотренная Европейская социальная хартия (1996 г.), Декларация о равенстве между женщинами и мужчинами как фундаментальный критерий демократии, принятая на 4-й Европейской министерской кон- ференции о равенстве между женщинами и мужчинами (Стамбул, 13-14 ноября 1997 г.), Декларация и План действий, принятые на третьей Встрече глав государств и правительств Совета Европы (Варшава, 16-17 мая 2005 г.), Резолюция об осуществлении гендерного равенства: вызов для прав человека и предпосылка экономического развития, принятая на 6-й Европейской министерской конференции о равенстве между женщинами и мужчинами (Стокгольм, 8-9 июня 2006 г.), Дорожная карта равенства между женщинами и мужчинами (2006-2010 гг.), Рекомендация CM/Рек(2007)17 Комитета министров для стран-членов о стан- дартах и механизмах обеспечения гендерного равенства и т.д. 7. Принимая во внимание присоединение и равнение Республики Молдова на указанные документы, на уровне Парламента и Правительства были предприняты стратегические действия по приведению нор- мативной базы в соответствие с международными и региональными стандартами в области гендерного равенства. Так, Конституция Республики Молдова провозглашает равенство женщин и мужчин перед за- коном. Принятие Закона № 5-XVI от 9 февраля 2006 г. об обеспечении равных возможностей для женщин и мужчин, Национального плана “Продвижение гендерного равенства в обществе на период 2006-2009 гг.”,
188 дополнительные нормативные акты
утвержденного Постановлением Правительства № 984 от 25 августа 2006 г., привело к установлению особых нормативных рамок в этой области. Данный вопрос нашел отражение и в других национальных докумен- тах: Национальная стратегия в области репродуктивного здоровья, утвержденная Постановлением Пра- вительства № 913 от 26 августа 2005 г., Национальная стратегия развития на 2008-2011 годы, утвержденная Законом № 295-XVI от 21 декабря 2007 г., План действий по внедрению Национальной стратегии развития на 2008-2011 годы, утвержденный Постановлением Правительства № 191 от 25 февраля 2008 г. и т.д.
Ситуация в стране: тенденции и проблемы 8. Представленные выше нормативные рамки создают необходимые предпосылки для развития соответ- ствующих политик в области гендерного равенства. В республике были созданы институциональные струк- туры с особой компетенцией, такие, как Правительственная комиссия по гендерному равенству, Управление политик по обеспечению и предотвращению насилия в рамках Министерства труда, социальной защиты и семьи, гендерные единицы в рамках некоторых отраслевых министерств. В последние годы циклически отмечались некоторые достижения в продвижении гендерного равенства, проявляющиеся увеличением количества женщин на руководящих должностях, осуществлением программ по информированию населе- ния, развитию способностей специалистов, обладающих компетенцией в данной области, и т.д. Республика Молдова находится в первой двадцатке среди 130 государств мира в вопросе гендерного равенства согласно третьему Отчету о глобальном индексе гендерного равенства, представленному Мировым экономическим форумом (2008 г.). 9. Несмотря на то, что приняты нормативные рамки по обеспечению гендерного равенства, отмечаются и многочисленные проблемы в практическом их применении.
Сфера занятности и трудовой миграции 10. Экономический рост в последние годы не сопровождался таким же ростом количества рабочих мест. Так, в 2008 году уровень занятости среди мужчин был выше как на уровне города, так и на уровне села (48,6% и 42,7% соответственно), чем уровень занятости женщин – 41,0% в городе и 39,5% в сельской мест- ности, вопреки тому, что доля женщин среди студентов выше (58,9% от общего числа). В то же время, не- смотря на то, что уровень безработицы среди мужчин выше (в 2008 г. – 4,6%) по сравнению с женщинами (3,4%), женщины сталкиваются с большим количеством сложностей, чем мужчины на рынке труда, что свя- зано с половыми различиями. Доля женщин среди неактивных лиц выше, чем мужчин, и составляет 55,3%. 11. Недостаточная профессиональная ориентация, существование половых стереотипов препятствуют избранию некоторых профессий из отдельных отраслей, которые являются преимущественно мужскими. Низкая заработная плата – это основное объяснение низкой привлекательности рынка труда в Молдове. В сфере трудоустройства существует разрыв в оплате труда мужчин и женщин. Так, среднемесячная заработ- ная плата женщин в 2008 году составила 73,3% среднемесячной заработной платы мужчин, или 2134 лея, а среднемесячная заработная плата мужчин – 2910,1 лея. Среднемесячная заработная плата по экономике в 2008 году составила 2529,7 лея. 12. Разница в заработной плате женщин и мужчин объясняется многими факторами. Основными фак- торами, определяющими разницу в оплате труда мужчин и женщин, являются горизонтальная и верти- кальная сегрегация. Таким образом, около половины женщин из сельской местности трудоустроены в сель- скохозяйственном секторе, где они выполняют самую малоквалифицированную работу и, соответственно, получают более низкую заработную плату, чем мужчины, занимающиеся наиболее квалифицированной работой. Другим фактором различий между заработной платой женщин и мужчин является наличие обла- стей, в которых преобладают женщины, – “женские” виды деятельности (воспитание, здравоохранение), в которых заработные платы ниже, чем в секторах, где доля мужчин выше (строительство, транспорт). Кроме того, женщины недостаточно представлены наверху профессиональной пирамиды. Между тем, в последнее время возросла заработная плата именно менеджеров высшего звена. Количество женщин превышает коли- чество мужчин в категории государственных служащих низкого ранга. В завершение следует отметить, что существующий разрыв в оплате труда в республике способствует сохранению низкого уровня пенсионных накоплений, что напрямую влияет на размер пенсий и на уровень благосостояния женщин и мужчин. 13. Эксперты в данной области указывают на необходимость проведения анализа феномена миграции с точки зрения пола, так как на текущем этапе существует повышенный риск для женщин быть подвержен- ными дискриминации. Международные исследования в данной области указывают, что этот риск возрастает по причине отношения к мигрантам в целом, а также по причине того, что отношения и восприятие по по- ловому признаку меняются с трудом. Мужчины обладают большими возможностями при найме – от неква- лифицированных до высококвалифицированных видов работы. Женщины могут работать в ограниченных областях, которые связаны с традиционными гендерными ролями, такими, как: работа в бытовом секторе (домохозяйки, экономки, няни), в сельском хозяйстве, в сфере гостиничных услуг или развлечений. Рабо-
189 Торговля людьми и равенство полов в Молдове
тающие женщины мигранты фактически вдвойне страдают от дискриминации на рабочем месте: во-первых, из-за того, что являются иностранками, и поэтому страдают от тех же форм дискриминации, что и мужчины мигранты; во-вторых, из-за того, что они женщины, они могут стать жертвами насилия или торговли людьми как в процессе миграции, так и на рынке труда в странах прибытия. Поэтому при трудоустройстве за грани- цей в секторах, которые не соответствуют их квалификации, образованию и их способностям, они зачастую деградируют профессионально или теряют квалификацию. При разработке миграционных политик необхо- димо уделить особое внимание сторонам, касающимся обеспечения прав и основных свобод мигрантов, их защите, особенно защите женщин, от дискриминации и принятия решений по усилению механизмов при- менения/соблюдения международного законодательства, включая Конвенцию CEDAW. 14. Согласно данным Национального бюро статистики в 2008 году количество лиц, объявленных вые- хавшими за пределы страны на работу или в поисках работы, составило около 309,7 тысячи человек, или 18,9% общего количества активного населения в возрасте от 15 лет и выше. Около двух третей выехавших – мужчины, что требует переоценки программ профессиональной подготовки и политики занятости с уче- том данного полового аспекта. 15. Уровень миграции рабочей силы из Молдовы происходит по многим социально-экономическим при- чинам: низкий уровень доходов, которые не покрывают нужды, минимальные возможности трудоустройства по специальности вопреки относительно высокому уровню образования, благоприятному географическому положению и, не в последнюю очередь, высокому спросу на рынке труда за рубежом. Среди определяющих факторов следует отметить невозможность для многих экономически активных людей найти адекватное место работы, которое позволило бы им содержать свою семью внутри страны (в соответствии с данными опроса домашних хозяйств – 40% опрошенных лиц), и т.д. Другие факторы относятся к демографическим из- менениям, экономическим кризисам и увеличению разницы в уровне доходов между странами, а также между развитыми и развивающимися странами. По сравнению с предыдущими периодами отмечается относительно стабильный рост миграции среди женщин и мужчин. Согласно данным Национального бюро статистики, в 2006 году из 310,1 тысячи выезжающих на заработки за рубеж женщины составили 112,3 тысячи, или 36,21%. В 2007 году этот показатель составил 116,3 тысячи женщин, или 34,65% общего числа мигрантов. Незначитель- ный спад общего числа мигрантов был зарегистрирован в 2008 году, когда эта цифра достигла 309,7 тысячи человек, из которых женщины составили 108,3 тысячи, или 34,96%. Миграция родителей отрицательно сказы- вается на детях, оставшихся без их заботы, отмечены случаи ухода из школы, дети сталкиваются с проблемами эмоционального, психологического плана, употребляют спиртные напитки и различные вещества. 16. Установленные приоритетные проблемы: a) ограниченные возможности участия женщин на рынке труда (нехватка видов услуг для женщин с ма- ленькими детьми, дискриминация по возрастным и половым критериям при найме); b) существование профессионального разделения и разрыва в оплате труда женщин и мужчин; c) увеличение количества лиц, выезжающих на работу за рубеж, где они подвергаются риску дискрими- нации, в особенности молодые женщины, которые рискуют стать жертвами насилия или торговли людьми; d) миграция мам и пап, что отрицательно сказывается на детях, оставшихся без их заботы; e) серьезные изменения в институте семьи, что в одинаковой мере влияет на женщин, мужчин и детей.
Бюджетная сфера 17. Введение гендерного подхода в процесс разработки бюджета и финансирования может способство- вать перенаправлению расходов государственного бюджета на выполнение актуальных социальных задач с учетом нужд и интересов всех граждан страны независимо от пола, на устранение разногласий между проводимыми политиками и порядком расходования бюджетных финансовых средств. Использование ген- дерного анализа бюджетов политик во всех областях является необходимым инструментом, который гаран- тирует соблюдение принципа гендерного равенства при распределении и выделении ресурсов. 18. На нынешнем этапе анализ воздействия правительственных издержек на женщин и девушек по срав- нению с мужчинами и мальчиками преобразуется в глобальную тенденцию. Так, в Рекомендации CM/Рек (2007)17 Комитета министров для стран-членов о стандартах и механизмах обеспечения гендерного равен- ства в качестве элементов, указывающих на политическую волю и обязательство стран по продвижению гендерного равенства де-факто, отмечено выделение достаточных финансовых средств на программы, про- екты и инициативы для обеспечения гендерного равенства и признания женщин, а также на внедрение гендерно-чувствительных бюджетов в политиках всех областей. 19. В этом контексте были консолидированы способности представителей центральных и местных публичных властей, академической среды, были осуществлены три исследования по гендерному анализу местных бюджетов по тематике “Уязвимость женщин из неполных семей, присматривающих за детьми- инвалидами в районе Фэлешть”, “Формальный и неформальный аспекты ухода на дому за пожилыми людь- ми в районе Сынджерей” и “Проблемы обеспечения равных возможностей для мужчин и женщин при фор- мировании структуры расходов бюджета в районе Тараклия”. В то же время внедрение гендерного подхода
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в процесс разработки бюджета сталкивается с множеством трудностей, среди которых можно перечислить: неиспользование в процессе формирования бюджета социальных стандартов и финансовых нормативов, соотнесенных с гендерными проблемами; отсутствие анализа проекта бюджета с точки зрения гендерно- го равенства; недостаточные возможности (человеческие и технические) специалистов, ответственных за разработку бюджетов в аспекте использования принципа гендерного равенства в бюджетном процессе; невключение гендерного подхода при разработке бюджетов на отраслевом уровне; отсутствие гендерно- чувствительных показателей, которые можно использовать при оценке воздействия бюджетных издержек на реализацию Национальной программы по обеспечению гендерного равенства; низкий уровень активно- сти представителей гражданского общества в процессе разработки и мониторинга бюджета. 20. Установленные приоритетные проблемы: a) неиспользование в бюджетном процессе социальных стандартов и местных финансовых нормативов, соотнесенных с гендерным вопросом; b) слабое осознание населением и специалистами сути гендерно-чувствительного бюджета.
Сфера участия в публичном и политическом процессе принятия решений 21. В Республике Молдова наблюдается положительная динамика в области вовлечения женщин в про- цесс принятия публичных и политических решений. Так, в 2008 году пост премьер-министра занимала жен- щина, 29,4% кабинета министров составляли женщины, среди примаров 17,5% – женщины. Также женщи- ны составляли 21,8% депутатов Парламента. В то же время они по-прежнему недостаточно участвуют как в избирательном, так и в политическом процессе и процессе принятия решений, или же эти цифры сильно удалены от демографической структуры населения, где женщины представляют 51,9% и мужчины – 48,1% населения. Важно то, что тенденции роста числа женщин, участвующих в политической деятельности, бу- дут удержаны и усилены. Основными факторами положительных изменений в данной области являются: изменение и гармонизация законодательства; соблюдение международных обязательств; применение по- литик и программ, воздействующих на менталитет населения относительно гендерных ролей женщин и мужчин в обществе и семье; устранение гендерных стереотипов и структурных барьеров (таких, как не- достаточность услуг, направленных на уход за детьми дошкольного возраста, инвалидами /престарелыми людьми; негибкие графики работы женщин и мужчин). Женщины Молдовы в отличие от мужчин продол- жают сталкиваться с дискриминацией в политической и публичной областях, определенной в большой мере существующими стереотипами и сексизмом. 22. Установленные приоритетные проблемы: a) недостаточное представительство женщин на руководящих должностях в политической и публичной жизни; b) наличие структурных барьеров культурного, экономического и социального характера при продви- жении женщин на руководящие должности в политической и публичной жизни.
Сфера социальной защиты и семьи 23. Система социальной помощи в своей классической форме и в нынешней структуре основывается на патриархальной модели общества, где именно женщины осуществляют неоплачиваемый уход за пре- старелыми лицами, детьми и больными людьми, а также на более активном вовлечении их в социальную и коммунитарную деятельность. Эта модель, основанная на идее, что в семье имеется доход, полученный как от оплачиваемой работы, так и от неоплачиваемой работы по уходу, существенно ограничивает социальное, политическое и экономическое участие женщин, которые преимущественно оказывают услуги по неопла- чиваемому уходу, а также снижает роль мужчин в частной сфере. Однако одновременно с продвижением гендерного равенства в Республике Молдова, где и мужчины, и женщины должны иметь равные права и возможности в публичной и частной сфере, включая продвижение активного участия женщин на рынке труда, эта модель теряет смысл и нуждается в корректировках с целью недопущения конфликта между по- литикой социальной помощи и политикой трудовой занятости, а также с принципом продвижения гендер- ного равенства. 24. Действующее законодательство в области государственного социального страхования не содержит никакой дискриминации по отношению к плательщикам и бенефициарам социальных услуг (пенсия, посо- бия) по половому признаку. Фактически же существует гендерная разница в размере пенсии социального страхования. В период с 1 января 2008 г. по 31 декабря 2008 г. женщины, работавшие в национальной эконо- мике, получали пенсию по возрасту в среднем 812,33 лея, в то время как размер средней пенсии по возрасту мужчин составлял 1147,68 лея. 25. Маленький размер пенсии, получаемой женщинами, обусловлен доходом, из которого выплачивались взносы государственного социального страхования, и страховым стажем. Страховой стаж для женщин в на- циональной экономике на 5 лет и 1 месяц меньше страхового стажа для мужчин. Разница в страховом стаже для мужчин и женщин формируется как за счет пенсионного возраста, регламентируемого по разному: для
191 Торговля людьми и равенство полов в Молдове
мужчин – 62 года и для женщин – 57 лет, так и за счет различий между длительностью добровольных и вы- нужденных перерывов в занятости, которые включают или не включают страховой стаж. Женщины чаще, чем мужчины, пользуются социально полезными перерывами: частично оплачиваемый отпуск по уходу за ребенком в возрасте до 3 лет и дополнительный неоплачиваемый отпуск по уходу за ребенком в возрасте от 3 до 6 лет. Таким образом, ответственность за содержание и воспитание детей возлагается преимущественно на женщин, то есть распределяется несправедливо. 26. Анализ сферы социальной защиты показывает, что гендерные различия по возрасту выхода на пен- сию и ожидаемая продолжительность жизни в пенсионном возрасте ставит в невыгодное положение и муж- чин, и женщин. Ожидаемая продолжительность жизни в пенсионном возрасте у мужчин довольно низкая, что соответственно ограничивает шансы мужчин воспользоваться взносами, выплаченными в счет буду- щей пенсии. Согласно традиционным формам распределения обязанностей в домашнем хозяйстве основная ответ- ственность лежит на женщинах, а ранний выход их на пенсию компенсирует в определенной мере их труд по содержанию домашнего хозяйства, рождению и воспитанию детей. В то же время гендерные различия в оплате труда и страховом страже женщин и мужчин (не в пользу женщин) ведет к повышенной уязвимости застрахованной женщины, которая в будущем будет получать пенсию, размер которой будет ниже по срав- нению с пенсией мужчин. 27. Установленные приоритетные проблемы: a) двойная задача женщин в семейной и профессиональной жизни; b) женщины как основные поставщики услуг по уходу и социальной защите, что определено в большой степени традиционными стереотипами; c) разрыв в уровне пенсий мужчин и женщин.
Сфера здравоохранения 28. Общий возраст населения Молдовы увеличивается. По информации Национального бюро статисти- ки по состоянию на 1 января 2008 г. ожидаемая продолжительность жизни при рождении составляла 65,55 лет для мужчин и 73,17 лет для женщин, что говорит об очевидности существующих гендерных различий. В возрасте 60 лет ожидаемая продолжительность жизни женщин на 3,4 года больше, чем мужчин в городах, а в сельской местности – на 3 года выше. Несмотря на конкретные меры, предпринимаемые в последние годы для улучшения состояния здоровья женщин и мужчин, по-прежнему существует ряд экономических и медико-социальных проблем, которые влияют на здоровье населения. Таким образом, женщины в сельской местности имеют более ограниченный доступ к качественным услугам в области здравоохранения и воспро- изводства, что увеличивает количество проблем со здоровьем. Одной из медико-социальных проблем, кото- рые сильно влияют на здоровье матерей, является частое прерывание беременности, часть которых осущест- вляется устаревшими методами и в небезопасных условиях. Аборт все еще используется в качестве метода контроля плодородия по причине ненадлежащего доступа к информации о методах контрацепции и боль- шого количества непланируемых и нежелательных беременностей (в 2008 году доля абортов на 1000 родов составляла 376). В 2008 году количество прерываний беременности несущественно возросло по сравнению с 2007 годом, более 75% абортов сделаны женщинами в возрастной группе от 20 до 34 лет. На приоритетных позициях остается смертность при рождении, которая в 2008 году составила 38,4 на 100000 живорожденных. 29. На первый план выходят и социально обусловленные заболевания. Порочное поведение, а именно злоупотребление алкоголем, является медико-социальной проблемой, важность которой растет и которая по оценкам Всемирной организации здравоохранения является наиважнейшим фактором риска среди 10 установленных в Республике Молдова. Таким образом, по состоянию на 1 января 2009 г. под медицинском присмотром находилось: 46100 больных хроническим алкоголизмом, из которых: 38600 мужчин (83,7%) и 7500 женщин (16,3%). Около 60% больных хроническим алкоголизмом – выходцы из сельской местности (женщины – 62,3%, мужчины – 66,4%). По оценкам специалистов наиболее важным показателем, характе- ризующим ситуацию с алкоголизмом среди женщин и мужчин в любой стране, является возникновение алкогольных психозов, которые в 2008 году в Молдове составляли 21,7 на 100000 жителей (в 2007 году – 23,0 на 100000 жителей). 30. В 2008 году общая смертность населения на 1000 жителей составила 11,7; среди мужчин – 12,7, а сре- ди женщин – 10,8. Общая смертность населения от травм и отравлений на 1000 жителей составила 0,9, среди мужчин – 0,7 и среди женщин – 0,2. В то же время важно то, что если в структуре общей смертности доля мужчин составляет 51,9%, тогда доля смертности трудоспособного населения по полу и возрасту составляет для мужчин 74,9%, а для женщин всего 21,1%. В структуре смертности мужчин основная доля приходится на травмы и отравления. 31. Исходя из изложенного выше, следует обеспечить разработку и ориентирование политики в обла- сти здравоохранения на нужды женщин и мужчин, обусловленные как биологическими, так и социально- экономическими и культурными аспектами.
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32. Установленные приоритетные проблемы: a) высокая смертность среди мужчин по причине травм и отравлений; b) растущий алкоголизм среди женщин и мужчин, в особенности среди мужчин; c) высокая доля абортов, осложнений после родов и смертей при рождении в сельской местности.
Сфера образования 33. Нормативные рамки устанавливают равный доступ для девочек и мальчиков к образованию. Хотя большинство детей поступают в школы, образовательная среда не способствует использованию индивиду- ального потенциала каждого ребенка. 34. В то же время нехватка дошкольных учреждений, особенно в сельской местности, влияет на детей, образовательную систему, родителей и более всего на мам. Другими словами, этот факт препятствует тру- доустройству женщин, создает препятствия в их развитии и профессиональном продвижении, гармониза- ции семейных и профессиональных обязанностей. В условиях, когда мест в дошкольных учреждениях недо- статочно, а родители вовлечены в различные виды трудовой деятельности (сельскохозяйственные работы, розничная торговля и т.д.), старшие девочки принимают на себя, как правило, уход за младшими детьми, что мешает им развивать собственные способности. 35. Образовательная система находится в пропорционально обусловленном отношении с гендерным разделением на рынке труда. Также отмечается гендерно обусловленное отношение педагогических кадров к ученикам как в процессе преподавания и оценки, так и в привлечении учеников к определенным видам внешкольной деятельности, включая профессиональную ориентацию. Существование в образовании опре- деленных гендерных стереотипов воспроизводит традиционно мужские и женские профессии и зачастую игнорируются индивидуальные различия и личные способности девочек и мальчиков. 36. Различия при зачислении мальчиков и девочек в учебные заведения общего вторичного образования очень большие. Так, в 2007/2008 учебном году большинство студентов в учебных заведениях вторичного профессионального образования составили мужчины (65,7%) (по сравнению с 2006/2007 учебным годом, когда они составляли 64%). Женщины представляют около 56% студентов колледжей, а в высших учебных заведениях доля женщин составляет 58,9%. Более 60% от числа слушателей докторантуры и постдокторан- туры университетов (2007/2008 учебный год) также женщины. 37. Вместе с тем отмечаются дефицит педагогических кадров в сельской местности, массовый отъезд преподавателей за рубеж, гендерные различия на уровне специальностей; значительная феминизация на уровне преподавательских кадров (в 2007/2008 учебном году женщины составляли: 80,8% в начальных учебных и средних учебных заведениях; 50,0% в средних профессиональных учебных заведениях; 70,0% в средних специальных учебных заведениях и 54,7% в высших учебных заведениях). Но даже если женщи- ны составляют большинство в области образования, мужчины продолжают удерживать высшие позиции, именно они принимают важные решения. Так, согласно данным Министерства просвещения ситуация с представлением по признакам пола должностных лиц следующая: из 29 ректоров высших учебных заве- дений (государственных и частных) женщин только 4, или 13%; из 46 директоров колледжей – 15 женщин (32%); из 67 директоров профессиональных и технических училищ – женщины занимают 13 позиций, что составляет только 20%. Феминизация образовательной системы является следствием низкой заработной платы, ухода мужчин из данной сферы деятельности, существования стереотипов, согласно которым жен- щины ответственны за уход и воспитание детей. 38. Установленные приоритетные проблемы: a) существование гендерных стереотипов в образовательной системе и в воспитательном процессе; b) феминизация образовательной системы в Республике Молдова.
Сфера насилия и торговли людьми 39. На нынешнем этапе в сфере насилия и торговли людьми в республике была принята специализирован- ная нормативная база. Были созданы институциональные структуры, обладающие особыми полномочиями: Управление политик по продвижению гендерного равенства и предотвращению насилия в рамках Министер- ства труда, социальной защиты и семьи, Национальный комитет по борьбе с торговлей людьми и Межми- нистерская координирующая группа в области насилия в семье. Была создана национальная направляющая система по защите и оказанию помощи жертвам и потенциальным жертвам торговли людьми, постепенно развивается сеть услуг для жертв торговли и насилия, проводится работа по формированию интегрированной автоматизированной системы случаев насилия в семье. 40. Одновременно отмечается недостаточный уровень осознания обществом проблемы насилия в семье как нарушения прав человека; низкий уровень подготовки специалистов в различных областях по установ- лению, регистрации и соотнесению случаев насилия в семье; недостаточность квалифицированных люд- ских ресурсов и финансовых ресурсов для оказания помощи жертвам насилия в семье и работы с семей-
193 Торговля людьми и равенство полов в Молдове
ными агрессорами; отсутствие механизмов установления, обработки и разрешения феномена сексуального домогательства; недостаточность служб по оказанию помощи и защите жертв; отсутствие услуг по ресо- циализации семейных агрессоров; несовершенство механизма мониторинга и оценки в области насилия и торговли людьми. 41. Эксперты в данной области указывают на существование проявлений насилия против девочек и маль- чиков в образовательной системе. Так, 30% детей отметили, что они подвергались устным нападкам со сторо- ны учителей, 13% подвергались физическому насилию, 24% – дискриминации (в особенности дети из бедных семей). Двое из десяти детей отмечают, что они подвергаются устному насилию в их семьях, где чаще всего источником насилия является папа, а не мама (Исследование ЮНИСЕФ, 2007 г.). 42. Существующая статистическая система не отражает данное явление должным образом. Так, в тече- ние 2008 года органами правопорядка в республике было зарегистрировано в общем 63 правонарушения в рамках семейных отношений (по сравнению с 30 случаями, зарегистрированными в 2007 году), из которых: убийств – 30 (в 2007 году – 14 случаев), тяжких телесных повреждений – 33 (в 2007 году – 16 случаев). Из 28236 жалоб, рассмотренных органами полиции, 2992 (или около 10,5%) касались семейных отношений. Было составлено 1746 протоколов об административных правонарушениях, 4761 семейных скандалистов находятся под присмотром органов полиции. В то же время система сбора данных не учитывает пол, что препятствует разработке соответствующих документов политик. 43. Эксперты указывают на то, что зачастую насилие в семье является причиной торговли женщинами/ девочками. По информации Международной организации по миграции около 70% жертв торговли людьми, получивших помощь, были жертвами насилия в семье. Таким образом, необходим комплексный подход к данным явлениям. 44. Установленные приоритетные проблемы: a) существование насилия в семье по отношению к женщинам и девочкам; b) проявление насилия по отношению к девочкам и мальчикам в образовательной системе; c) существование такого явления, как сексуальное домогательство по отношению к женщинам на работе; d) торговля женщинами и девочками как следствие насилия в семье.
Сфера повышения уровня публичного сознания 45. Проведенный анализ отражения гендерного равенства в средствах массовой информации в Респу- блике Молдова показывает, что в течение последнего года в печатной прессе появлялось все больше мате- риалов, посвященных гендерным вопросам, что приветствуется. В то же время все так же часто встречаются материалы тенденциозного, дискриминационного и сексистского содержания. Исследования показывают, что лишь в 20% проанализированных статей равномерно представлены женщины и мужчины, в 63% – про- фессионалы мужчины, от 3% до 27% – профессионалы женщины. В общем числе фотографий преобла- дают фотографии мужчин (27% – мужчин, 17% – женщин). Профессионалы мужчины представлены ис- ключительно в их профессиональной среде. Общие фотографии женщин и мужчин составляют в среднем 17%. Фотографии с профессионалами женщинами представляют их в частной жизни, в расслабляющей об- становке, не связанной с профессиональной деятельностью. Некоторые публикации содержат очень мало фотографий с женщинами профессионалами (1-2%), или ограничиваются фотографиями женщин в мире шоу-бизнеса (таким образом больше подчеркивается их внешность, а не ценность как профессионалов). 46. Чаще всего авторы не стремятся очернить женщин как социальную группу или показать превос- ходство мужчин, но в силу стереотипов такой тенденциозный подход к женщинам и мужчинам зачастую проявляет себя. Эксперты считают, что по причине недостаточной осведомленности в данной области, тем более из-за гендерной невосприимчивости, работники рекламы продолжают использовать изображения, которые можно интерпретировать как стереотипные и дискриминирующие. Другим объяснением их суще- ствования является интерес публики именно к таким изображениям. 47. Несмотря на прогресс, достигнутый в освещении гендерных вопросов в средствах массовой ин- формации Молдовы, выводы ничуть не утешительные: отсутствуют последовательные кампании по не- прерывному и постоянному продвижению прав женщин и принципа равенства шансов; информации /ис- следований /анализов о принципе равенства шансов мало, и имеющиеся данные адресуются в основном ограниченному кругу лиц и зачастую даже специалистам; подготовка представителей средств массовой ин- формации в данной области недостаточна. 48. Установленные приоритетные проблемы: a) неравное представление женщин и мужчин в прессе; b) использование изображений сексуального характера, стереотипных изображений женщин в рекламе.
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II. ОБЩИЕ И СПЕЦИФИЧЕСКИЕ ЗАДАЧИ, ПРИНЦИПЫ ПРОГРАММЫ 49. Настоящая Национальная программа нацелена на установление и обеспечение возможностей, усло- вий и способов эффективной реализации гендерного равенства в Республике Молдова. 50. Основные цели Национальной программы: a) определение концепции и обоснование государственной политики в области гендерного равенства как определяющего фактора обеспечения устойчивого развития страны и создания адекватных условий для повышения качества жизни людей; b) внедрение принципа равенства между женщинами и мужчинами в политиках во всех областях и на всех уровнях принятия и применения решений; c) обеспечение механизмов внедрения существующих нормативных рамок в данной области; d) обеспечение эффективного управления внедрением гендерного равенства на национальном и мест- ном уровнях; e) разъяснение общественности необходимости предупреждения и ликвидации предрассудков, гендер- ных стереотипов и условий, создающих дискриминирующие ситуации по половому признаку; f) стимулирование аналитической интер-/транс-дисциплинарной деятельности в области гендерного равенства; g) развитие диалога и партнерства между публичными органами, гражданским обществом и другими заинтересованными сторонами. 51. Специфические задачи Сфера занятости и трудовой миграции: a) повышение уровня занятости среди женщин и сокращение разрыва в уровне оплаты труда по при- знаку пола; b) устранение всех форм дискриминации на рынке труда по признаку пола; c) продвижение экономического закрепления женщин в сельской зоне; d) внедрение гендерного подхода к внедрению политик по управлению миграцией. Бюджетная сфера: a) разработка концепции/видения составления гендерно-чувствительных бюджетов (ГЧБ) в контексте Республики Молдова; b) продвижение составления гендерно-чувствительных бюджетов (ГЧБ) в бюджетном процессе на на- циональном и местном уровнях. Сфера участия женщин в процессе принятия решений: увеличение числа женщин на руководящих постах в политической и публичной жизни. Сфера социальной защиты и семьи: a) повышение важности материнства и отцовства и продвижение равного распределения семейных обя- занностей между мужчинами и женщинами; b) улучшение социальной защиты женщин, предоставляющих услуги по неформальному уходу на дому; c) сокращение разрыва в размере пенсий женщин и мужчин. Сфера здравоохранения: a) включение гендерного вопроса в политику в области здравоохранения; b) сокращение разрыва между полами в ожидаемой продолжительности жизни при рождении между женщинами и мужчинами; c) сокращение социально-экономических факторов, которые способствуют повышению смертности при рождении, в особенности среди женщин в сельской местности. Сфера образования: a) включение гендерного вопроса в образовательную политику и в образовательный процесс; b) сокращение феминизации образовательной системы в Республике Молдова. Сфера насилия и торговли людьми: a) искоренение насилия в семье и гендерного насилия, а также торговли людьми, в частности женщина- ми и девушками; b) борьба с проявлениями случаев насилия по отношению к девочкам и мальчикам в системе образова- ния; c) улучшение качества услуг по реабилитации и реинтеграции жертв торговли людьми и насилия, в част- ности женщин и девочек.
195 Торговля людьми и равенство полов в Молдове
Сфера повышения уровня публичного сознания: a) стимулирование представления положительных образов женщин и мужчин и их статуса, одинаковых обязанностей в публичной и частной сферах; b) борьба с сексистским образом в рекламных материалах и средствах массовой информации; c) повышение степени осознания женщинами и мужчинами, девочками и мальчиками прав человека. 52. В процессе выполнения Национальной программы будут соблюдены следующие принципы: a) принцип недискриминации и равенства шансов в обеспечении равного доступа девочек и мальчи- ков, женщин и мужчин к осуществлению своих гражданских, политических, экономических, социальных и культурных прав; b) принцип децентрализации и ответственности всех типов сообществ (местных, социально- профессиональных, культурных и т.д.) за продвижение и внедрение гендерного равенства; c) принцип пропорциональной доступности для женщин и мужчин к получению социальных гарантий и льгот, в частности в уязвимых группах; d) принцип использования несексистского языка в официальных документах, в особенности в юриди- ческих текстах, документах политик, и продвижение языка, отражающего принципы гендерного равенства; e) принцип оптимального соотношения всех сторон образования: интеллектуального, эстетического, этического, физического и профессионального, которые включают вопросы пола; f) принцип равномерного участия женщин и мужчин в политической и публичной жизни, который обеспе- чивает развитие партиципативной демократии и более восприимчивого и ответственного управления; g) принцип выделения человеческих и финансовых ресурсов для соответствующих политик по реали- зации гендерного равенства и предоставления возможностей женщинам, который гарантирует соблюдение на деле принципа гендерного равенства; h) принцип применения информации, разделенной по полу, и комплексного подхода к гендерному ра- венству в процессе разработки, внедрения, мониторинга и оценки политик.
III. НЕОБХОДИМЫЕ МЕРЫ ДЛЯ ДОСТИЖЕНИЯ ЦЕЛЕЙ 53. Меры по областям Сфера занятости и трудовой миграции: a) внедрение гендерного подхода в политики и планы в области занятости и рынка труда, включая поли- тику по управлению миграцией, а также обеспечение их последующего мониторинга и оценки через призму подхода к вопросам пола; b) осуществление мер по преодолению разделения по горизонтали и вертикали женщин и мужчин на рынке труда; c) принятие специализированных программ и стимулирование предпринимательства среди женщин, в частности, в сельской местности; d) организация кампаний по информированию и осознанию равных прав женщин и мужчин на рынке труда и в хозяйственной деятельности; e) сбор, анализ и распространение статистических данных, разделенных по полу, относительно участия женщин и мужчин на рынке труда.
Сфера формирования бюджета: a) разработка и интегрирование курса составления гендерно-чувствительных бюджетов на уровне уни- верситетского образования и консолидации способностей путем непрерывного образования должностных лиц в данной области; b) разработка и пилотирование внедрения гендерного анализа бюджетных процессов. Сфера участия женщин в процессе принятия решений: a) разработка и применение механизмов продвижения гендерного равенства в рамках публичных ор- ганов, а также на предприятиях, в учреждениях и организациях, независимо от вида собственности и организационно-правовой формы; b) устранение структурных барьеров для равномерного участия женщин и мужчин в процессах приня- тия политических и публичных решений; c) организация кампаний по информированию и повышению сознательности широкой общественно- сти, особенно женщин, с целью стимулирования их активного участия в политической жизни; d) сбор, анализ и распределение статических данных, разделенных по полу, относительно продвижения женщин и мужчин на руководящие должности.
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Сфера социальной защиты и семьи: a) внедрение гендерного подхода в документы политик в области социальной защиты и семьи, а также обеспечение их последующего гендерного мониторинга и оценки; b) продвижение и обеспечение реализации равных прав и ответственности среди женщин и мужчин в семейных отношениях; c) примирение профессиональной деятельности и частной жизни; d) сокращение гендерной разницы в пенсионной системе; e) организация кампаний по информированию и осознанию важности обеспечения гендерного равен- ства в публичной и частной жизни; f) сбор, анализ и распределение статических данных, разделенных по полу, относительно использования времени женщинами и мужчинами, в частности, на уход за детьми и иждивенцами, содержание хозяйства и другие семейные задачи.
Сфера здравоохранения: a) консолидация и дальнейшее развитие способностей семейного планирования, обучения здоровому образу жизни и мерам по поддержанию репродуктивного здоровья, в особенности в сельской местности; b) признание внешних факторов, влияющих на здоровье и жизнь женщин и мужчин, таких как травмы, случаи суицида, несчастные случаи, злоупотребление различными веществами, в качестве приоритетных факторов в снижении смертности населения, включая лиц трудоспособного возраста; c) организация кампаний по информированию, обучению и повышению сознательности с целью фор- мирования культуры населения с целью предотвращения рисков и безопасности для здоровья с учетом ген- дерного вопроса; d) сбор, анализ и распределение статистических данных, разделенных по полу, в области общественного здоровья.
Сфера образования: a) внедрение гендерного подхода в образовательные политики на этапах их разработки, внедрения и мониторинга; b) консолидация способностей по интегрированному подходу к вопросам пола в образовательной си- стеме, включая разработку учебных курсов, планов, образовательных стандартов, содержание предметов, ресурсов обучения и изучения; c) организация кампаний по информированию и осознанию гендерного вопроса в образовательной системе; d) сбор, анализ и распространение статических данных, разделенных по полу, в сфере образования.
Сфера насилия и торговли людьми: a) принятие закона о внесении изменений и дополнений в некоторые законодательные акты с целью обеспечения внедрения механизмов предотвращения случаев насилия и наказания за них сквозь призму вопросов пола; b) консолидация способностей учреждений по предотвращению и борьбе с насилием и торговлей людь- ми с уделением внимания лицам, участвующим в реабилитации жертв и ресоциализации агрессоров с уче- том гендерного подхода; c) разработка образовательных программ, модулей обучения, проведение исследований, а также орга- низация кампаний по информированию относительно насилия и торговли людьми с точки зрения прав человека и гендерного равенства; d) консолидация социальных программ, мер по реабилитации и ресоциализации, направленных жерт- вам и агрессорам, а также жертвам торговли людьми; e) сбор, анализ и распространение статистических данных, разделенных по полу, относительно случаев насилия и торговли людьми.
Сфера повышения уровня публичного сознания: a) инициирование и пересмотр законодательной базы регламентирования в области средств массовой информации сквозь призму вопросов пола с учетом лучшей международной практики; b) анализ, изучение, информирование и принятие мер по отражению гендерного вопроса и проблем, связанных с дискриминацией, в средствах массовой информации; c) консолидация способностей представителей средств массовой информации, в особенности исполните- лей, по отражению гендерного вопроса и продвижению сбалансированного гендерного образа; d) участие мужчин в продвижении принципа равных шансов для женщин и мужчин.
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IV. ЭТАПЫ И СРОКИ ВНЕДРЕНИЯ 54. Настоящая Национальная программа устанавливает долгосрочное видение для обеспечения вклю- чения гендерного вопроса в документы политик, включая межсекторальные и многоплановые. Внедрение настоящей Национальной программы запланировано на 2010-2015 гг. 55. Реализация Национальной программы будет обеспечена посредством двух среднесрочных планов действий, которые будут внедрены компетентными органами в 2010-2012 гг. и 2013-2015 гг. В 2012 году будет оценена степень внедрения первого плана действий, а его результаты будут использованы с целью разработки второго плана действий в контексте обеспечения полного достижения стратегических целей Программы.
V. ОТВЕТСТВЕННЫЕ ЗА ВНЕДРЕНИЕ 56. Национальная программа будет реализована путем развития социальных партнерств в области обе- спечения гендерного равенства, включающего следующие позиции: a) консолидация национального механизма продвижения гендерного равенства, который основывается на усилении согласования деятельности в области полов на правительственном уровне, а также на создании партнерских сетей и поддержке социального диалога. Отдельная глава относительно консолидации нацио- нального механизма будет включена в планы действий; b) координация деятельности на уровне законодательной, исполнительной и судебной власти в сотруд- ничестве с гражданским обществом, что является предварительным условием эффективного внедрения На- циональной программы; c) осуществление Правительственной комиссией по гендерному равенству главной роли по координа- ции и мониторингу внедрения всех политик на национальном уровне в соответствии с положениями на- стоящей Национальной программы; d) активное участие организаций гражданского общества (НПО, Национальной конфедерации профсо- юзов, Национальной конфедерации патронатов, политических партий и т.д.) во внедрении и мониторинге Национальной программы; e) обеспечение академическим сообществом научного подхода к гендерной проблеме на уровне управ- ления и академического сообщества, продвижения гендерного воспитания в образовательной системе на всех уровнях в Молдове. Академические учреждения, исследовательские центры, преподавательские кадры и исследователи представляют собой ценный потенциал для действий по повышению гендерного сознания и введению гендерного вопроса в публичную политику и процессы принятия решений; f) активное участие средств массовой информации, которое представляет собой один из важных ин- струментов осознания и повышения уровня информирования населения и оказания воздействия на глав- ных участников в вопросе гендерного равенства, формирования гендерной культуры населения; g) привлечение доноров для более эффективной реализации настоящей Национальной программы.
VI. ОБЩЕЕ ОПРЕДЕЛЕНИЕ СТОИМОСТИ Оценка влияния Национальной программы 57. Эффективное внедрение Национальной программы приведет к существенным изменениям в со- знании и поведении женщин и мужчин, всего общества относительно гендерного равенства в Республике Молдова. 58. Настоящая Национальная программа: предусматривает использование потенциала обоих полов. Все граждане имеют право на участие в обще- ственной и политической жизни, а государство обязано обеспечить равные шансы для мужчин и женщин в осуществлении данного права. Если один из полов (чаще женщины) недостаточно представлен на высоко- поставленных должностях и дискриминируется прямо или косвенно, это становится проблемой социаль- ной справедливости; поднимает вопрос сбалансированного представления полов на государственных должностях, что отно- сится к проблеме доверия к государственным структурам, их законности. Так как женщины в Молдове пред- ставляют более половины населения, их присутствие на руководящих должностях обеспечивает законность соответствующих структур, придавая смысл представительному характеру демократии; предусматривает создание условий для реализации потенциала женщин и мужчин, в том числе путем сокращения гендерной дискриминирующей практики и дискриминирующих ситуаций, что позволит сокра- тить миграционный поток женщин и мужчин, которые, не будучи уверенными в возможности их преодо- ления, попытаются уехать в другие страны в поисках новых возможностей;
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предлагает новые подходы к развитию общества, а именно переход от ролевого гендерного подхода (ко- торый сводит развитие человека к женской и мужской биологии) к гендерному подходу (который, преодо- левая биологический детерминизм, дает человеку большие шансы для личной и профессиональной само- реализации); способствует укреплению положительного имиджа страны на международном уровне: государство не может позволить себе и дальше недооценивать потенциал одного из полов, в частности женщин, в различ- ных областях жизни; способствует улучшению качества жизни граждан страны в результате устранения всех форм дискрими- нации и насилия по половому признаку: улучшится физическое и психическое здоровье женщин и мужчин, увеличится продолжительность жизни мужчин; сократится количество разводов, повысится роль семей- ных ценностей, что в свою очередь будет способствовать созданию благоприятных условий для гармонич- ного воспитания молодого поколения, и т.д. 59. Осуществление гендернего равенства является одним их эффективных средств борьбы с бедностью и стимулирования развития общества. Фактическое обеспечение гендерного равенства будет способство- вать переориентированию человеческих и финансовых ресурсов, потраченных на устранение последствий неравенства (борьба с насилием в семье, торговлей людьми, случаями гендерной дискриминации) на про- граммы развития.
Затраты на внедрение 60. Финансирование деятельности по внедрению настоящей Национальной программы будет осущест- вляться за счет и в пределах финансовых средств, ежегодно предусматриваемых в соответствующих бюдже- тах задействованных публичных органов, и других источников согласно законодательству. 61. Затраты на внедрение настоящей Национальной программы могут вписаться в существующий бюд- жет, сформированный из ресурсов национального публичного бюджета, предусмотренных для учрежде- ний, ответственных за осуществление специфической деятельности в рамках среднесрочного Плана дей- ствий согласно Среднесрочному прогнозу расходов (ССПР) на 2008-2010 годы, Национальной стратегии развития на 2008-2011 годы, и из финансовых источников доноров. В настоящий момент отразить затраты невозможно. Эта задача возлагается на каждое учреждение, во- влеченное во внедрение Плана действий в период с 2010 по 2012 год Национальной программы по обеспе- чению гендерного равенства на 2010-2015 годы. Вместе с тем потребуются дополнительные ассигнования и более разумное направление имеющихся финансовых средств. Для осуществления целей настоящей Нацио- нальной программы отраслевые министерства включат меры в Среднесрочный прогноз расходов и пред- примут действия для направления деятельности доноров в области, не имеющие финансового покрытия из национального публичного бюджета.
VII. ОЖИДАЕМЫЕ РЕЗУЛЬТАТЫ 62. В результате эффективного внедрения настоящей Национальной программы в 2010-2015 гг. будут достигнуты следующие стратегические результаты:
Сфера занятости и трудовой миграции: a) сокращение разницы в оплате труда женщин и мужчин; b) сокращение разделения по половому признаку на рынке труда; c) сокращение гендерной дискриминации на рынке труда; d) рост предпринимательства среди женщин, в особенности в сельской местности; e) улучшение социальной защиты мигрантов, в частности женщин.
Бюджетная сфера: a) разработка и утверждение концепции/видения формирования гендерно-чувствительных бюджетов; b) создание предпосылок для продвижения гендерно-чувствительных бюджетов (ГЧБ) в нормативные и законодательные акты; c) консолидация способностей человеческих ресурсов при продвижении гендерно-чувствительных бюд- жетов (ГЧБ); d) осуществление гендерного анализа бюджетов в выбранных районах и секторах.
Сфера участия в процессе принятия публичных и политических решений: a) увеличение представительства женщин на руководящих должностях;
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b) подавление стереотипов и структурных барьеров, которые препятствуют активному участию женщин в публичной и политической жизни и в процессе принятия решений.
Сфера социальной защиты и семьи: a) подавление гендерных стереотипов в определении роли женщин и мужчин, касающихся их семейной ответственности; b) повышение участия мужчин в процессе ухода за детьми, престарелыми людьми и нуждающимися; c) повышение возможностей участия женщин на рынке труда; d) улучшение социальной защиты женщин; e) улучшение социальной защиты поставщиков услуг по неформальному уходу за иждивенцами на дому; f) сокращение разницы в размере пенсий женщин и мужчин.
Сфера здравоохранения: a) разработка национальной политики в области здравоохранения, восприимчивой к гендерному вопросу; b) сокращение гендерного разрыва в ожидаемой продолжительности жизни при рождении для женщин и мужчин в долгосрочном периоде; c) сокращение количества случаев прерывания беременности, в том числе среди подростков; d) улучшение доступа и использование современных средств контроля плодородия женщин и мужчин, в особенности в сельской местности.
Сфера образования: a) обеспечение равных прав и равного доступа девочкам и мальчикам, женщинам и мужчинам для осу- ществления всех принципов прав человека в области образования; b) сокращение феминизации в образовательной системе Республики Молдова.
Сфера насилия и торговли людьми: a) планирование и осуществление государственных мер и обеспечение их мониторинга с целью предотвра- щения и борьбы с бытовым насилием и торговлей людьми с учетом гендерных особенностей жертв; b) сокращение числа случаев гендерного насилия и торговли людьми, в частности в сельской местности; c) сокращение количества случаев насилия в образовательной системе; d) развитие услуг по реабилитации и реинтеграции жертв насилия и торговли людьми, в частности жен- щин и девочек, на уровне района; e) защита прав человека жертв гендерного насилия и торговли людьми посредством национального и международного механизма подачи и разрешения жалоб.
Сфера повышения уровня общественного сознания: a) продвижение положительного образа женщин в качестве партнеров в развитии с помощью средств массовой информации на местном и национальном уровне; b) продвижение женщин посредством средств массовой информации, в которых представлена их роль в публичной сфере; c) сокращение практики представления отрицательного образа женщины в средствах массовой информации.
VIII. ПОКАЗАТЕЛИ ПРОГРЕССА И ДОСТИЖЕНИЙ 63. Для достижения ожидаемых результатов по всем разделам настоящей Национальной программы предлагается использовать гармонизированный набор гендерно-чувствительных показателей развития в контексте Целей развития Тысячелетия, утвержденных Постановлением Коллегии Национального бюро статистики № 6 от 26 декабря 2008 года.
Сфера занятости и трудовой миграции: a) документы политик, учитывающие гендерную составляющую в области занятости рабочей силы и рынка труда; b) доля занятости в публичном и частном секторах, по экономическим областям, полу и условиям среды; c) средняя заработная плата по полу и экономической деятельности; d) занятость по профессиональному статусу (и экономическим секторам) и полу; e) доля занятости женщин и мужчин в зависимости от количества детей в семье;
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f) доля отцов, желающих получить и получающих отпуск по уходу за ребенком; g) количество окончательных решений судебной инстанции относительно случаев обращения по поводу сексуального домогательства или других форм насилия на работе; h) доля участия в экономической деятельности, по полу и условиям среды; i) количество начальников, по полу, условиям среды и экономической деятельности; j) количество лиц, работающих на индивидуальной основе, по полу и условиям среды; k) количество руководителей предприятий в реальном секторе экономики (по величине предприятия, экономической деятельности), по полу и условиям среды; l) количество программ и политик в области миграции, в которые включен принцип гендерного равенства.
Бюджетная сфера: a) количество студентов постуниверситетского образования, обучающихся по курсу гендерно- чувствительного бюджетирования; b) количество государственных служащих, обученных по вопросам гендерно-чувствительного бюдже- тирования; c) количество районов и секторов, использующих инструменты гендерно-чувствительного бюджетирования.
Сфера участия в процессе принятия публичных и политических решений: a) доля мандатов, принадлежащих женщинам, в Парламенте; b) количество/доля женщин и мужчин, по условиям среды, избранных в муниципальные и местные советы; c) количество членов Кабинета министров, по полу; d) доля женщин среди государственных служащих в центральных и местных органах власти; e) количество менеджеров и государственных служащих в зависимости от занимаемой публичной должно- сти и экономических предприятий, по полу и профессиональному статусу (оплачиваемые и неоплачиваемые).
Сфера социальной защиты и семьи: a) количество мужчин, пользующихся отпуском по уходу за иждивенцами (больные дети или инвалиды, включая престарелых людей); b) доля мам/отцов, получающих пособия по уходу за ребенком (по условиям среды, возрасту, месту ра- боты); c) количество коммунитарных детских садов; d) количество неформальных поставщиков услуг по уходу за престарелыми людьми, инвалидами и дру- гими нуждающимися лицами, по полу и условиям среды; e) разработанные и утвержденные нормативные акты по повышению статуса поставщиков услуг по не- формальному уходу; f) профессия поставщика услуг по уходу включена в номенклатуру профессий; g) доля пенсионеров из общего числа населения, по полу и условиям среды; h) доля мужчин/женщин, получающих социальные выплаты для престарелых людей, по сравнению с долей получателей пенсии по возрасту (по условиям среды, возрасту); i) среднемесячная пенсия, по полу, условиям среды, категории.
Сфера здравоохранения: a) количество медицинского персонала, обученного по гендерным вопросам, в области здравоохранения; b) доля людей, злоупотребляющих спиртными напитками, по полу, условиям среды и возрастным группам; c) доля абортов по возрастам и условиям среды; d) доля абортов и родов среди подростков (15-19 лет); e) доля смертности при рождении по причинам смерти, по условиям среды и возрастным группам; f) доля родов с участием медицинского персонала, по условиям среды.
Сфера образования: a) количество преподавателей, обученных по гендерным вопросам в образовательном процессе; b) степень участия в образовательной системе девочек и мальчиков в возрасте 3-6 лет; c) валовая/чистая доля участия в начальном образовании девочек и мальчиков (7-10 лет); d) валовая/чистая доля участия в гимназическом образовании девочек и мальчиков (11-15 лет);
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e) количество преподавателей на всех уровнях образования, по полу, условиям среды и возрастным группам; f) количество/доля мальчиков/мужчин, работающих/обучающихся в областях, в которых традиционно преобладают девочки/женщины; g) количество/доля девочек/женщин, работающих/обучающихся в областях, в которых традиционно преобладают мальчики/мужчины.
Сфера насилия и торговли людьми: a) количество зарегистрированных случаев гендерного насилия по основным типам насилия, по усло- виям среды; b) количество случаев гендерного насилия, разрешенных посредством судебных инстанций; c) количество жертв, которым были оказаны услуги в специализированных центрах, по полу, возраст- ным группам и условиям среды; d) количество жертв, которым была оказана медицинская помощь, по возрастным группам, по полу и условиям среды; e) количество государственных служащих на национальном уровне, обученных по гендерным вопросам, для предотвращения и борьбы с насилием в семье, торговлей людьми; f) количество медицинского персонала, обученного по вопросам здравоохранения с точки зрения явле- ний насилия; g) количество обученного дидактического персонала; h) количество случаев насилия, установленных в школах и других учебных заведениях, по условиям среды; i) количество жертв насилия, выявленных в учебных заведениях, по полу, возрастным группам, услови- ям среды; j) количество агрессоров, установленных в учебных заведениях, по полу, статусу, возрастным группам, условиям среды; k) доля государственного бюджета /местных бюджетов, выделенного для предотвращения и борьбы с насилием в семье, торговли людьми; l) количество мест, имеющихся в центрах размещения жертв насилия в семье, торговли людьми; m) количество многоплановых территориальных команд, обученных для предотвращения и борьбы с насилием в семье, торговлей людьми, с точки зрения пола; n) количество НПО, финансируемых из государственного бюджета, бюджета административно- территориальных единиц с целью предотвращения насилия и торговли людьми.
Сфера повышения уровня публичного сознания: a) количество медийных организаций, принявших Кодекс гендерного поведения или подобные нормы в данном контексте; b) увеличение количества положительных образов женщин в публичной сфере в печатных средствах массовой информации; c) снижение количества случаев дискриминации по отношению к женщинам в прессе и других средствах массовой информации; d) количество женщин, обращающихся к процедурам и нормам защиты от случаев нарушения их прав на национальном и международном уровне.
IX. ВОЗМОЖНОСТИ И ОГРАНИЧЕНИЯ Возможности 64. В результате внедрения настоящей Национальной программы будет достигнуто следующее: a) наличие нормативной базы о гендерном равенстве, приравненной к современным требованиям мол- давского общества и международного сообщества; b) согласованные политики для обеспечения европейской интеграции; c) лояльность к радикальным изменениям в области гендерного равенства; d) участие сообщества в реализации Национальной программы; e) создание управленческих механизмов для внедрения Национальной программы; f) разработка планов действий по реализации Национальной программы при финансовом обеспечении и с четким разделением ответственности среди партнеров.
202 дополнительные нормативные акты
Ограничения 65. Реализация Национальной программы может быть обусловлена и некоторыми рисками как социально-экономического, так и управленческого порядка: a) неблагоприятные социально-экономические условия могут блокировать действия по реализации На- циональной программы; b) управленческие кадры могут быть недостаточно подготовлены для продвижения и внедрения Нацио- нальной программы; c) наличие гендерных предрассудков и стереотипов в обществе ограничивает проявление женщин в общественной жизни, а мужчин – в частной, семейной жизни; d) качество процесса продвижения гендерного равенства, ожидаемого в результате внедрения Нацио- нальной программы, может быть поставлено под угрозу из-за недостаточной подготовки, профессиональ- ной и материальной мотивации и оттока специалистов; e) сопротивление изменениям со стороны некоторых специалистов и государственных служащих может привести к безразличному и неодобрительному отношению к реализации Национальной программы; f) недостаточность статистических данных и углубленного исследования указанных областей, способ- ных установить глубину реальных проблем, касающихся гендерного равенства, могут ограничить осозна- ние необходимости реализации Национальной программы.
X. ПОРЯДОК ПРЕДСТАВЛЕНИЯ ОТЧЕТОВ И МОНИТОРИНГА 66. Ответственность за мониторинг и оценку внедрения Национальной программы возложена на Мини- стерство труда, социальной защиты и семьи. Органы местного публичного управления будут осуществлять мониторинг и докладывать Министерству труда, социальной защиты и семьи о принятых на местном уров- не мерах по внедрению Национальной программы. 67. Мониторинг и оценка внедрения настоящей Национальной программы в каждой области будут осуществляться на основании Закона № 5-XVI от 9 февраля 2006 г. об обеспечении равных возможностей для женщин и мужчин, механизма предоставления отчетов по CEDAW, связанных с показателями Целей развития Тысячелетия, Национальной стратегии развития и с гармонизированным набором гендерно- чувствительных показателей развития в контексте Целей развития Тысячелетия. Соответствующей инсти- туциональной структурой является Правительственная комиссия по гендерному равенству. 68. Деятельность по мониторингу настоящей Национальной программы осуществляется непрерывно в течение всего периода внедрения и включает сбор, обработку и анализ данных мониторинга, выявление ошибок или непредусмотренных последствий, а также предложение возможных корректировок планируе- мых мер и деятельности. Мониторинг осуществляется на основании показателей достижений и показателей результатов, которые позволят проследить и оценить в динамике достижение общих целей, указанных в Национальной программе, и достижение конечной цели. 69. Деятельность по оценке настоящей Национальной программы имеет системный характер, осущест- вляется в течение всего периода внедрения и включает составление, на основании показателей достижений, годовых отчетов и финального отчета оценки его осуществления. 70. С целью обеспечения прозрачности процессов внедрения настоящей Национальной программы го- довые отчеты оценки, а также финальный отчет оценки публикуются на виртуальной странице Министер- ства труда, социальной защиты и семьи. 71. Министерство труда, социальной защиты и семьи обеспечит освещение Национальной программы для широкой общественности, а также распространение соответствующей информации партнерам в стране и за рубежом.
203 Приложение № 2
204 к Постановлению Правительства № 933 от 31 декабря 2009 г.
ПЛАН ДЕЙСТВИЙ по внедрению в период с 2010 по 2012 год Национальной программы по обеспечению гендерного равенства на 2010-2015 годы Сроки Затраты* № Цели Действия вне- Ответственные Партнеры Показатели достижений п/п 2010 г. 2011 г. 2012 г. дрения 1 2 3 4 5 6 7 8 9 10 1. ЗАНЯТОСТЬ И МИГРАЦИЯ Торговля людьми и равенство полов в Молдове
1.1. Рост занятости 1.1.1. Включение гендерного вопроса 2010- Министерство Министерство экономи- Утвержденные поправки среди женщин в Трудовой кодекс, годовые планы в 2011 гг. труда, социальнойки, Национальная конфе- к Трудовому кодексу, ген- и сокращение области занятости рабочей силы, в защиты и семьи дерация профсоюзов, На- дерный вопрос включен в разрыва в за- нормативные акты о защите труда и (Национальное циональная конфедерация другие документы политик работной плате в условиях труда агентство занято-патронатов, организации в области занятости рабо- зависимости от сти населения) гражданского общества, чей силы пола Международное бюро труда, Фонд Организации Объединенных Наций для развития в интересах женщин 1.1.2. Мониторинг степени внедрения 2011 г. Министерство Министерство экономи- Субприоритеты Националь- Национальной стратегии развития труда, социальной ки, организации граждан- ной стратегии развития в об- в области занятости рабочей силы с защиты и семьи ского общества, междуна- ласти занятости рабочей силы, точки зрения гендерного вопроса родные организации мониторизируемые с точки зрения гендерных вопросов 1.1.3. Разработка стандартов в об- 2011- Министерство Частные заведения, ор- Разработаны стандарты ген- ласти гендерного равенства для про- 2012 гг. труда, социальной ганизации гражданского дерного равенства в процес- движения равного участия женщин защиты и семьи, общества се принятия экономических в процессе принятия экономических Министерство эко- решений решений и рекомендация их полити- номики Количество экономических, ческим, экономическим и финансо- политических и финансовых вым учреждениям учреждений, принявших стан- дарты гендерного равенства 1.1.4. Продвижение на рынке труда 2011- Министерство Национальная конфедера- Количество территориаль- “нетрадиционных” профессий для 2012 гг. экономики, Мини- ция профсоюзов, Нацио- ных агентов занятости рабо- женщин и мужчин с целью исправле- стерство образова- нальная конфедерация чей силы, управляющих ме- ния разделения труда по гендерному ния, Министерство патронатов, организации ханизмом продвижения “не- признаку труда, социальной гражданского общества, традиционных” профессий защиты и семьи, Международное бюро Министерство труда, органы местного культуры публичного управления 1.1.5. Организация кампаний по ин- 2010- Министерство Средства массовой ин- Количество кампаний по формированию и ознакомлению ши- 2012 гг. экономики, Ми- формации, Фонд Орга- информированию населе- рокой общественности, в частности, нистерство труда, низации Объединенных ния в сельской местности, с правами жен- социальной защи- Наций для развития в Количество районов /на- щин и мужчин на равное обращение ты и семьи интересах женщин, Меж- селенных пунктов, где были на рынке труда и в экономической дународное бюро труда, проведены информацион- жизни организации гражданско- ные кампании го общества 1.1.6. Стимулирование участия жен- 2010- Министерство Средства массовой ин- Доля занятости женщин щин на рынке труда путем сокра- 2012 гг. труда, социальной формации, организации Доля безработицы среди щения гендерной дискриминации, защиты и семьи гражданского общества женщин уровня безработицы и роста уровня (Национальное занятости среди женщин агентство заня- тости населения), Министерство просвещения, органы местного публичного управ- ления 1.1.7. Проведение ситуационного ис- 2009- Министерство Национальное бюро Анализ, проведенный с ак- следования статуса женщин на рынке 2010 гг. труда, социальной статистики, исследова- центом на сельских зонах труда на уровне села защиты и семьи, тельские учреждения, Министерство эко- организации гражданско- номики го общества, Фонд Орга- низации Объединенных Наций для развития в интересах женщин, Меж- дународное бюро труда 1.2. Устранение всех 1.2.1. Разработка и практическое при- 2010- Министерство Международные органи- форм гендерной менение специальных мер, призван- 2012 гг. экономики, Ми- зации дискриминации ных обеспечить полное внедрение нистерство труда, на рынке труда соответствующих международных социальной защи- соглашений, таких, как Конвенция по ты и семьи, Мини- ликвидации всех форм дискримина- стерство культуры, ции в отношении женщин, Междуна- Министерство родный пакт об экономических, со- иностранных дел и циальных и культурных правах, рати- европейской инте- фикация конвенций Международной грации 1) организации труда , связанных с данной областью, и др., относительно трудоустройства женщин
205 дополнительные нормативные акты 1.2.2. Постоянное обновление единой 2010- Министерство Органы местного публич- Единая автоматизированная
206 автоматизированной информаци- 2012 гг. труда, социальной ного управления информационная система онной системы рынка труда с точки защиты и семьи о рынке труда, разделенная зрения гендерного равенства (Национальное по полу агентство заня- тости населения), Министерство просвещения, ор- ганы центрального публичного управ- ления 1.2.3. Внедрение он-лайн-технологий 2010- Министерство ГП “Registru”, Шведское Он-лайн-технология в базу данных о спросе и предложе- 2012 гг. труда, социальной агентство международно- нии на рынке труда, в том числе с защиты и семьи го сотрудничества в обла- точки зрения пола (Национальное сти развития агентство заня- Торговля людьми и равенство полов в Молдове
тости населения), Министерство просвещения, ор- ганы центрального публичного управ- ления 1.2.4. Проведение анализа пользова- 2010- Национальная Фонд Организации Проведение анализа роди- телей отпусками по уходу за детьми 2012 гг. касса социального Объединенных Наций тельских отпусков с учетом (по отцовству) с учетом гендерных страхования для развития в интересах гендерного вопроса вопросов женщин, организации гражданского общества, исследовательские инсти- туты 1.2.5. Разработка рекомендаций об от- 2010- Правительствен- Национальная конфедера- Рекомендации разработаны пусках по отцовству и распростране- 2012 гг. ная комиссия по ция профсоюзов, Нацио- Количество государствен- ние их в государственных и частных гендерному равен- нальная конфедерация ных и частных учреждений, учреждениях с целью продвижения ству, Министер- патронатов, организации принявших и внедривших повышенного участия мужчин и от- ство труда, соци- гражданского общества, рекомендации об отпусках цов в семейной/частной жизни альной защиты и международные органи- по отцовству семьи, Министер- зации ство экономики 1.2.6. Разработка и включение закон- 2010- Министерство Национальная конфедера- Трудовой кодекс и другие ных мер по предупреждению, борьбе 2012 гг. экономики, Ми- ция профсоюзов, Нацио- нормативные и судебные с сексуальными домогательствами и нистерство труда, нальная конфедерация акты содержат положения другими формами насилия на рабо- социальной защи- патронатов, организации о сексуальных домогатель- чем месте в Трудовой кодекс и другие ты и семьи гражданского общества, ствах и других формах наси- нормативные и законодательные акты международные органи- лия на рабочем месте зации 1.3. Продвижение 1.3.1. Продвижение инвестиционных 2010- Министерство Торгово-промышленная Рекомендации для эффек- экономического проектов, предоставление финансо- 2012 гг. труда, социальной палата, коммерческие тивного продвижения жен- признания жен- вых консультаций и организация кур- защиты и семьи банки, Фонд Организации ского предпринимательства щин из сельских сов обучения и перепрофилирования (Национальное Объединенных Наций разработаны и продвинуты зон в сельской и городской местности, а агентство заня- для развития в интересах также продвижение рекомендаций тости населения), женщин, Международное для поддержки предпринимательства Министерство бюро труда, международ- среди женщин в соответствующих просвещения, ные организации, органи- документах Министерство фи- зации гражданского об- нансов щества, Фонд социальных инвестиций Молдовы, организация по развитию малых и средних пред- приятий 1.4. Внедрение ген- 1.4.1. Заключение межправитель- 2010- Министерство Международная органи- Заключены межправитель- дерного подхода ственных соглашений в области соци- 2012 гг. труда, социальной зация по миграции, ор- ственные соглашения не в осуществле- альной защиты защиты и семьи ганизации гражданского менее чем с 4 странами- ние политик по общества, Фонд Орга- членами ЕС управлению ми- низации Объединенных грацией Наций в области наро- донаселения, Программа Развития ООН 1.4.2. Улучшение методов сбора, ана- 2010- Министерство Международная органи- Разработанные методы при- лиза и распределения информации / 2012 гг. труда, социальной зация по миграции, Орга- менены на практике статистических данных об участии в защиты и семьи, низация по безопасности процессе миграции, восприимчивых Национальное и сотрудничеству в Ев- к гендерному вопросу, а также ис- бюро статистики, ропе, Фонд Организации пользование данной информации для Министерство Объединенных Наций в разработки политики /путей вмеша- внутренних дел, области народонаселения, тельства, для снижения отрицатель- Пограничная Программа Развития ного влияния миграции служба ООН 2. ГЕНДЕРНО-ЧУВСТВИТЕЛЬНОЕ БЮДЖЕТИРОВАНИЕ 2.1. Разработка 2.1.1. Разработка концепции/ви- 2010- Правительствен- Всемирный банк, Швед- Концепция/видение концепции/ви- дения формирования гендерно- 2012 гг. ная комиссия по ское агентство междуна- формирования гендерно- дения гендерно- чувствительного бюджетирования гендерному равен- родного сотрудничества чувствительного бюджети- чувствительного ству, Министер- в области развития, Фонд рования разработана бюджетирования ство финансов, Организации Объединен- (ГЧБ) в контексте Министерство ных Наций для развития Республики Мол- труда, социальной в интересах женщин, про- дова защиты и семьи, фильные университеты, Министерство научно- исследователь- здравоохранения, ские институты Министерство просвещения
207 дополнительные нормативные акты 2.1.2. Включение курса гендерно- 2010 г. Экономическая Министерство труда, Программа курса внедрена
208 чувствительного бюджетирования академия Молдовы социальной защиты и не менее чем в одном выс- на уровне постуниверситетского об- семьи, Всемирный банк, шем учебном заведении разования Шведское агентство международного сотруд- ничества в области раз- вития, Фонд Организации Объединенных Наций для развития в интересах женщин, Академия пу- бличного управления при Президенте Республики Молдова 2.1.3. Разработка и организация кур- 2010 Экономическая Министерство финансов, Разработаны летние кур- Внеш- сов (летних) для должностных лиц академия Молдо- Министерство экономи- сы по формированию ние Торговля людьми и равенство полов в Молдове
ключевых министерств по гендерно- вы, Министерство ки, Министерство про- гендерно-чувствительного финан- чувствительному бюджетированию труда, социальной свещения, Министерство бюджета совые защиты и семьи здравоохранения, Депар- Количество государствен- источ- тамент по международ- ных служащих, обученных в ники ному развитию Прави- рамках летних курсов тельства Великобритании, Всемирный банк, Швед- ское агентство междуна- родного сотрудничества в области развития, Фонд Организации Объединен- ных Наций для развития в интересах женщин, Ака- демия публичного управ- ления при Президенте Республики Молдова 2.2. Продвижение 2.2.1. Анализ бюджетного процесса 2010- Министерство Всемирный банк, Швед- Количество бюджетных составления с учетом гендерных вопросов в при- 2011 гг. труда, социальной ское агентство междуна- процессов в приоритетных гендерно- оритетных областях Национальной защиты и семьи родного сотрудничества областях Национальной чувствительных стратегии развития в области развития, Ми- стратегии развития пере- бюджетов в бюд- нистерство экономики, смотрены с учетом гендер- жетном процессе Министерство финансов, ных вопросов на национальном Министерство просвеще- и местном уровне ния, Министерство здра- воохранения 3. УЧАСТИЕ ЖЕНЩИН В ПРОЦЕССЕ ПРИНЯТИЯ РЕШЕНИЙ 3.1. Увеличение пред- 3.1.1. Разработка и внедрение специ- 2010- Министерство Международные органи- ставительства альных мер по обеспечению реали- 2012 гг. труда, социальной зации, организации граж- женщин на руко- зации положений международных защиты и семьи, данского общества водящих постах договоров и законодательных инстру- Министерство в политической ментов, в частности, с учетом поло- иностранных дел и и публичной жений Конвенции о ликвидации всех европейской инте- жизни форм дискриминации в отношении грации женщин, Общей рекомендации Коми- тета по устранению дискриминации против женщин, Международной конвенции о политических и граж- данских правах2) 3.1.2. Разработка рекомендации о 2010 г. Правительствен- Фонд Организации Рекомендации разработаны равном представительстве женщин ная комиссия по Объединенных Наций Количество организаций и мужчин на государственных долж- гендерному равен- для развития в интересах (учреждений частного и ностях, в организациях гражданского ству, Министер- женщин, международные политического секторов), общества, организациях частного ство труда, соци- организации, организа- принявших и применяющих сектора, политических партиях и ее альной защиты и ции гражданского обще- рекомендации об участии распространение для последующего семьи ства, средства массовой женщин применения информации 3.1.3. Реализация /поддержка ана- 2010- Правительствен- Организации граждан- Статус участия женщин литических исследований о пред- 2012 гг. ная комиссия по ского общества, между- в процессе принятия ре- ставительстве женщин на различных гендерному равен- народные организации, шений проанализирован, руководящих должностях в органи- ству, Министер- академические институты препятствия установлены, зациях3), включая выявление встре- ство труда, соци- и средства массовой ин- рекомендации определены и чающихся препятствий и стратегий, альной защиты и формации представлены соответству- необходимых для их преодоления семьи ющим должностным лицам 3.1.4. Мониторинг соблюдения по- 2010- Министерство Министерство труда, со- Количество мониторизируе- литическими партиями положений 2012 гг. юстиции циальной защиты и се- мых политических партий Закона № 5-XVI от 9 февраля 2006 г. мьи, международные ор- об обеспечении равных возможно- ганизации, организации стей для женщин и мужчин, а также гражданского общества статуса равного представительства женщин и мужчин на руководящих политических должностях 3.1.5. Сбор, анализ и распространение 2010- Центральная изби- Организации гражданско- Статистические данные, статистических данных, разделенных 2012 гг. рательная комис- го общества, академиче- разделенные по полу, об по полу, об участии женщин и муж- сия, Национальное ские институты, органы участии женщин и мужчин чин в руководящих органах, включая бюро статистики, местного публичного в процессе принятия реше- избранных и назначенных, на всех Государствен- управления ний, публикуются и распро- уровнях, включая органы управления ная канцелярия страняются регулярно политических и административных (Управление ка- учреждений, а также организаций дровой политики)
209 дополнительные нормативные акты
гражданского общества4) 4. СОЦИАЛЬНАЯ ЗАЩИТА И СЕМЬЯ
210 4.1. Повышение важ- 4.1.1. Разработка и внедрение специ- 2010- Министерство Министерство иностран- Инициирован процесс рати- ности материн- альных мер по обеспечению полного 2012 гг. труда, социальной ных дел и европейской фикации соответствующих ства и отцовства исполнения соответствующих между- защиты и семьи, интеграции, Министер- международных соглаше- и продвижение народных договоров, в частности, (Национальное ство культуры, междуна- ний равного рас- Конвенции о ликвидации всех форм агентство заня- родные организации пределения дискриминации в отношении жен- тости населения), семейных обя- щин, ратификация соответствующей Министерство эко- занностей между Конвенции Международной органи- номики мужчинами и зации труда и статей пересмотренной женщинами Европейской социальной хартии5) 4.1.2. Внедрение интегрированной 2010- Министерство Органы местного публич- Интегрированные соци- системы социальных услуг для лиц, 2012 гг. труда, социальной ного управления, орга- альные услуги развиты в находящихся в кризисных ситуациях защиты и семьи низации гражданского сообществах, на районном (дети, старики, инвалиды и т.д.), ис- общества, международ- и национальном уровне, Торговля людьми и равенство полов в Молдове
ходя из ряда проблем гендерного ха- ные организации исходя из комплекса гендер- рактера в социальной области ных проблем 4.1.3. Организация информацион- 2010- Министерство Органы местного публич- Количество организован- ных кампаний на национальном и 2012 гг. труда, социальной ного управления, орга- ных кампаний местном уровне для продвижения защиты и семьи низации гражданского образцовой модели отца в контексте общества, международ- обеспечения равной ответственности ные организации между родителями в рамках семьи 4.1.4. Поддержание коммунитарных 2010- Министерство Министерство труда, со- Количество созданных и инициатив по созданию дошкольных 2011 гг. просвещения циальной защиты и се- действующих дошкольных учреждений на основании пилотных мьи, Программа Развития учреждений проектов посредством внедрения ООН, Фонд Организации новых механизмов контроля и при- Объединенных Наций нятия ответственности за их деятель- для развития в интересах ность родительскими ассоциациями в женщин, Шведское агент- этих сообществах ство международного сотрудничества в области развития 4.1.5. Проведение исследования ис- 2010- Национальное Министерство экономики, Результаты исследования 200000 пользования времени мужчинами и 2012 гг. бюро статистики Министерство труда, со- об использовании времени женщинами в семейной среде, в том циальной защиты и семьи, представлены руководящим числе семьями, пострадавшими от Министерство здравоох- лицам миграции рабочей силы ранения, Министерство просвещения, Министер- ство внутренних дел, орга- низации гражданского общества, Программа Раз- вития ООН, Фонд Организации Объединен- ных Наций для развития в интересах женщин, Фонд Организации Объединен- ных Наций в области на- родонаселения, Шведское агентство международно- го сотрудничества в об- ласти развития, Департа- мент по международному развитию Правительства Великобритании 4.2. Улучшение соци- 4.2.1. Разработка и осуществление 2010- Министерство Министерство здравоох- альной защиты специальных мер по обеспечению 2012 гг. труда, социальной ранения, Национальная женщин, предо- полного внедрения международных защиты и семьи, конфедерация патронатов ставляющих договоров с учетом, в частности, по- Министерство услуги по нефор- ложений Конвенции о ликвидации экономики, Ми- мальному уходу всех форм дискриминации в отноше- нистерство ино- на дому нии женщин, Международной кон- странных дел и венции об экономических, социаль- европейской инте- ных и культурных правах, Конвенции грации Международной организации труда, пересмотренной Европейской соци- альной хартии6) 4.2.2. Разработка предложений о вне- 2010- Министерство Органы местного публич- Количество поставщиков сении изменений в Закон о социаль- 2011 гг. труда, социальной ного управления, Нацио- услуг по неформальному ной помощи для включения положе- защиты и семьи нальная конфедерация уходу на дому с официаль- ний о придании официального стату- патронатов ным статусом, в особенно- са лицам, предоставляющим услуги сти женщин по неформальному уходу на дому 4.2.3. Направление социальных услуг 2010- Министерство Органы местного публич- Количество уязвимых се- в уязвимые сегменты населения с уче- 2012 гг. труда, социальной ного управления мей, управляемых женщи- том их доходов и гендерных аспектов защиты и семьи нами – получателями соци- альной помощи 4.3. Сокращение раз- 4.3.1. Изучение влияния повышения 2010- Министерство Национальная конфедера- Разработаны рекомендации ницы в размере пенсионного возраста женщин на их 2011 гг. труда, социальной ция профсоюзов, Нацио- о возможности повышения пенсий женщин и экономическое положение и на пен- защиты и семьи нальная конфедерация пенсионного возраста жен- мужчин сионную систему в целом патронатов, организации щин гражданского общества, международные органи- зации
211 дополнительные нормативные акты 5. ЗДРАВООХРАНЕНИЕ
212 5.1. Внедрение ген- 5.1.1. Разработка и осуществление 2010- Министерство Министерство труда, со- дерного подхода специальных мер по обеспечению 2012 гг. здравоохранения, циальной защиты и се- в политики в об- полного внедрения международных Министерство мьи, Министерство про- ласти здравоох- договоров, в частности, положений иностранных дел и свещения, Министерство ранения Конвенции о ликвидации всех форм европейской инте- внутренних дел дискриминации в отношении жен- грации щин, Общей рекомендации Комитета по устранению дискриминации про- тив женщин, Международного пакта по экономическим, социальным и культурным правам и пересмотрен- ной Европейской социальной хартии7) 5.1.2. Разработка методических ука- 2011 г. Министерство Всемирная организация Методологическая база Внеш- заний и стандартов знаний и практи- здравоохранения, здравоохранения, акаде- обучения разработана и ние Торговля людьми и равенство полов в Молдове
ческих навыков в области здравоох- Министерство мические институты, ор- утверждена источ- ранения с точки зрения гендерного труда, социальной ганизации гражданского ники вопроса защиты и семьи общества, международ- финан- ные организации си- рова- ния 5.1.3. Консолидация способностей 2010- Министерство Фонд Организации Количество обученных ме- Внеш- медицинских работников – членов 2012 гг. здравоохранения Объединенных Наций в дицинских работников ние районных многоплановых групп в области народонаселения, источ- контексте гендерной проблемы, в во- Программа Развития ники просах здравоохранения, связанных ООН, Международная ор- финан- с насилием, ВИЧ-инфекцией, с целью ганизация по миграции, си- предоставления качественных меди- Организация по безопас- рова- цинских услуг ности и сотрудничеству в ния Европе, Программа Орга- низации Объединенных Наций по ВИЧ/СПИДу 5.1.4. Сбор, анализ и использование 2010- Министерство Международные орга- Политики и планы, учиты- статистических данных, разделенных 2011 гг. здравоохранения, низации, организации вающие вопрос гендерного по полу, а также результатов исследо- Национальное гражданского общества, равенства в области здраво- ваний, проведенных с точки зрения бюро статистики органы местного публич- охранения гендерного равенства в процессе ного управления планирования и осуществления по- литики по секторам 5.2. Сокращение ген- 5.2.1. Установление причинных фак- 2010 г. Министерство Международные органи- Рекомендации для сокраще- Внеш- дерного разрыва торов роста различия в ожидаемой здравоохранения, зации, организации граж- ния гендерного разрыва в ние в ожидаемой про- продолжительности жизни при Министерство данского общества, иссле- ожидаемой продолжитель- источ- должительности рождении женщин и мужчин на базе просвещения, довательские центры ности жизни при рождении ники жизни при рож- исследований гендерных перспектив Министерство женщин и мужчин разра- финан- дении для жен- (особое исследование по данному труда, социальной ботаны и переданы соот- си- щин и мужчин вопросу относится к уязвимости защиты и семьи, ветствующим руководящим рова- женщин в Республике Молдова к за- Министерство эко- лицам ния ражению ВИЧ) номики 5.2.2. Установление мер по сокра- 2011 г. Министерство Международные орга- Меры установлены и откор- Внеш- щению причинных факторов роста здравоохранения, низации, организации ректированы на политики и ние разрыва в ожидаемой продолжитель- Министерство гражданского общества, планы по секторам источ- ности жизни женщин и мужчин просвещения, Ми- исследовательские орга- ники нистерство труда, низации финан- социальной защи- си- ты и семьи рова- ния 5.2.3. Улучшение умственного и фи- 2010- Министерство Фонд Организации Количество лиц, находя- зического здоровья с целью предот- 2012 гг. здравоохранения, Объединенных Наций в щихся под медицинским вращения рискованного для здоровья органы местного области народонаселения, надзором (злоупотребление поведения (суицид, злоупотребление публичного управ- Всемирная организация алкоголем, наркотиками) алкоголем, наркотиками) путем при- ления здравоохранения, орга- Количество пациентов, на- менения эффективного лечения низации гражданского ходящихся на лечении общества 5.2.4. Организация кампаний по ин- 2010- Министерство Министерство труда, Количество показов по ТВ, Внеш- формированию населения о факто- 2011 гг. здравоохранения, социальной защиты и организация кампаний в ние рах, воздействующих на рост разрыва Министерство семьи, международные средствах массовой инфор- источ- в ожидаемой продолжительности просвещения, Ми- организации, организа- мации ники жизни женщин и мужчин, таких, как нистерство вну- ции гражданского обще- Количество охваченных финан- травмы и несчастные случаи тренних дел, Ми- ства, средства массовой мест/районов си- нистерство транс- информации рова- порта и дорожного ния хозяйства 5.3. Сокраще- 5.3.1. Развитие и оказание услуг ре- 2010- Министерство Всемирная организация Количество сообществ, где ние социо- продуктивного здоровья женщинам и 2012 гг. здравоохранения здравоохранения, Фонд оказываются услуги в об- экономических мужчинам, в особенности молодежи, Организации Объединен- ласти репродуктивного здо- факторов, благо- на уровне оказания начальной меди- ных Наций в области на- ровья в системе начальной приятствующих цинской помощи, включая обучение родонаселения медицинской помощи материнской медицинского персонала, и разработ- Количество женщин и муж- смертности, в ка соответствующих инструкций и чин, воспользовавшихся особенности стандартов услугами репродуктивного среди женщин в здоровья в системе началь- сельских зонах ной медицинской помощи
213 дополнительные нормативные акты 5.3.2. Обеспечение наличия, при- 2010- Министерство Всемирная организация Доля женщин и мужчин,
214 нятия и использования женщинами 2012 гг. здравоохранения здравоохранения, Фонд воспользовавшихся совре- и мужчинами, в особенности в сель- Организации Объединен- менными средствами преду- ской местности, современных средств ных Наций в области на- преждения беременности контроля плодородия с целью избе- родонаселения жания абортов как средства контроля плодородия 5.3.3. Информирование населения о 2010- Министерство Фонд Организации Общественность проин- планировании семьи и репродуктив- 2012 гг. здравоохранения Объединенных Наций в формирована о гендерном ном здоровье в гендерном аспекте, области народонаселе- аспекте планирования включая продвижение принципа не- ния, средства массовой семьи и репродуктивного дискриминации лиц с ВИЧ информации, Программа здоровья Объединенных Наций по ВИЧ/СПИДу 5.3.4. Пропаганда в обществе здоро- 2010- Министерство Фонд Организации Количество предпринятых Внеш- Торговля людьми и равенство полов в Молдове
вого образа жизни, в том числе среди 2012 гг. здравоохранения, Объединенных Наций в действий ние подростков и молодежи, в соответ- Министерство области народонаселения, источ- ствии с Национальной программой просвещения Детский фонд ООН, ор- ники формирования здорового образа ганизации гражданского финан- жизни на 2007-2015 гг. общества си- рова- ния 6. ОБРАЗОВАНИЕ 6.1. Внедрение ген- 6.1.1. Внедрение рекомендаций меж- Министерство Министерство труда, дерного подхода дународных договоров, преимуще- просвещения, социальной защиты и в образователь- ственно Конвенции по ликвидации Министерство семьи, Министерство эко- ную политику и в всех форм дискриминации в отноше- иностранных дел и номики образовательный нии женщин, Международного пакта европейской инте- процесс по экономическим, социальным и грации культурным правам, Европейского суда по правам человека и пересмо- тренной Европейской социальной хартии в национальные стратегии и планы в образовательной сфере 6.1.2. Пересмотр национальной про- 2011- Министерство Организации гражданско- Рекомендации разработаны граммы обучения с точки зрения ген- 2012 гг. просвещения го общества, академиче- и включены в образователь- дерного вопроса ские институты, междуна- ные политики и планы родные организации 6.1.3. Отражение гендерного подхода 2011- Министерство Организации гражданско- Рекомендации разработаны в содержании школьных учебников 2012 гг. просвещения го общества, академиче- и включены в образователь- ские институты, междуна- ные политики и планы родные организации 6.1.4. Внедрение гендерного подхода 2010- Министерство Учебные заведения, Исправления с учетом ген- в программы начального и непре- 2012 гг. просвещения, Ин- Детский фонд ООН, Ми- дерного вопроса утверж- рывного обучения преподавателей в ститут наук и об- нистерство труда, соци- дены Министерством про- контексте прав человека разования альной защиты и семьи, свещения организации гражданско- го общества 6.1.5. Обеспечение девочкам и маль- 2011- Министерство Детский фонд ООН, Ми- Количество девочек и маль- чикам доступа к различным услугам 2012 гг. просвещения нистерство труда, соци- чиков, получающих гранты и привилегиям, включая гранты и альной защиты и семьи, и стипендии на обучение стипендии на основе равенства организации гражданско- го общества 6.2. Сокращение 6.2.1. Продвижение гендерного во- 2011- Министерство Детский фонд ООН, ор- Доля женщин и мужчин – феминизации проса в развитие человеческих ресур- 2012 гг. просвещения ганизации гражданского преподавателей на различ- образовательной сов на всех уровнях образования на общества, учебные за- ных уровнях образователь- системы в Респу- основании обучения и международ- ведения ной системы блике Молдова ной практики 6.2.2. Стимулирование девочек и 2011- Министерство Министерство труда, со- Количество девочек и мальчиков для поступления в учеб- 2012 гг. просвещения циальной защиты и семьи мальчиков, зачисленных ные заведения в областях, которые (Национальное агентство в учебные заведения в об- менее традиционны с точки зрения занятости населения), ластях, которые считаются пола, посредством профессионально- международные органи- нетрадиционными с точки го обучения зации, организации граж- зрения пола данского общества 7. БОРЬБА С НАСИЛИЕМ И ТОРГОВЛЕЙ ЛЮДЬМИ 7.1. Искоренение 7.1.1. Разработка и осуществление 2010- Министерство Международные органи- насилия в семье специальных мер по обеспечению 2012 гг. внутренних дел, зации, органы местного и гендерного на- полного внедрения международных Министерство публичного управления, силия, а также договоров, в частности, с учетом по- труда, социальной организации гражданско- торговли людь- ложений Конвенции о ликвидации защиты и семьи, го общества ми, в частности, всех форм дискриминации в отноше- Министерство женщинами и нии женщин, пересмотренной Евро- здравоохранения, девушками пейской социальной хартии8) Министерство просвещения, Министерство иностранных дел и европейской инте- грации
215 дополнительные нормативные акты 7.1.2. Внедрение гендерного подхода в 2011-Министерство Программа Развития Превентивные меры отно-
216 предупредительные меры (законода- 2012 гг. труда, социальной ООН, Фонд Организации сительно женщин и девочек тельного, политического, социально- защиты и семьи, Объединенных Наций в го, образовательного и культурного Министерство области народонаселения, порядка), в особенности тех, которые внутренних дел, Организация по безопас- относятся к потенциальным жертвам, Министерство ности и сотрудничеству в в частности, к женщинам и девочкам, просвещения, Ми- Европе, Международная а также к потенциальным агрессорам нистерство здраво- организация по миграции охранения, органы местного публич- ного управления 7.1.3. Рассмотрение /внедрение ген- 2010- Министерство Международная органи- Количество нормативных дерного подхода в ключевые норма- 2012 гг. труда, социальной зация по миграции, Фонд актов и политик, включаю- тивные и административные акты, защиты и семьи, Организации Объединен- щих принципы равенства а также в политики о предотвраще- Министерство ных Наций в области на- полов Торговля людьми и равенство полов в Молдове
нии, защите и реабилитации жертв здравоохранения, родонаселения, Программа торговли людьми и насилия в семье, Министерство Развития ООН, Организа- включая уголовное преследование внутренних дел ция по безопасности и со- агрессоров трудничеству в Европе 7.1.4. Развитие услуг для жертв на- 2010- Органы местного Министерство внутренних Количество специализиро- силия (включая торговлю людьми) в 2012 гг. публичного управ- дел, Министерство про- ванных услуг, оказываемых частности, для женщин и девочек ления свещения, Министерство женщинам и девочкам труда, социальной защиты Количество женщин и дево- и семьи, Министерство чек – получателей данных здравоохранения, Между- услуг народная организация по миграции, Фонд Орга- низации Объединенных Наций в области наро- донаселения, Программа Развития ООН 7.1.5. Разработка и пилотирование 2010- Министерство Фонд Организации Разработаны образователь- образовательных программ и курсов 2012 гг. труда, социальной Объединенных Наций в ные программы обучения для специалистов, участву- защиты и семьи, области народонаселения, Количество проведенных ющих в работе с жертвами насилия, Министерство Международная органи- обучений на национальном уровне (судебный, внутренних дел, зация по миграции, Орга- здравоохранение, образование, со- Министерство низация по безопасности циальная помощь, полиция и т.д.) с здравоохранения, и сотрудничеству в Евро- точки зрения гендерного вопроса Министерство пе, Программа Развития просвещения, ООН, органы местного Высший совет ма- публичного управления, гистратуры организации гражданско- го общества 7.1.6. Проведение исследования от- 2011- Министерство Организация по безопас- Рекомендации на основании носительно релевантности, причин и 2012 гг. труда, социальной ности и сотрудничеству в исследования разработаны последствий различных форм наси- защиты и семьи Европе, Фонд Организа- и представлены руководя- лия в отношении женщин и девочек, ции Объединенных На- щим лицам включая насилие в семье, которое ций в области народонасе- послужит основанием для всеобъ- ления, Фонд Организации емлющего и направленного на жертв Объединенных Наций вмешательства на местном и нацио- для развития в интересах нальном уровне женщин, организации гражданского общества, академические институты 7.1.7. Организация информационно- 2010- Министерство Международная органи- Количество проведенных ознакомительных кампаний, включая 2012 гг. труда, социальной зация по миграции, Фонд кампаний 16-дневную кампанию ООН, для ши- защиты и семьи, Организации Объеди- рокой общественности по проблеме Министерство ненных Наций в области насилия против женщин, девочек и внутренних дел, народонаселения, Органи- мальчиков, включая торговлю людь- Министерство зация по безопасности и ми как нарушение прав человека здравоохранения, сотрудничеству в Европе, Министерство Программа Развития просвещения, ООН, организации граж- органы местного данского общества, Фонд публичного управ- Организации Объединен- ления ных Наций для развития в интересах женщин, акаде- мические институты 7.1.8. Разработка нормативной базы 2010- Министерство Фонд Организации Объ- Нормативные акты разра- для сбора, анализа и распростране- 2012 гг. труда, социальной единенных Наций в обла- ботаны ния статистических данных, разде- защиты и семьи, сти народонаселения ленных по полу, типу и степени рас- Министерство пространенности насилия внутренних дел, Министерство здравоохранения, органы местно- го публичного управления, На- циональное бюро статистики 7.1.9. Пилотирование процесса сбора 2011- Министерство Фонд Организации Объ- Данные о возникновении данных в выбранных районах 2012 гг. труда, социальной единенных Наций в обла- случаев насилия собирают- защиты и семьи, сти народонаселения ся в пробных районах Министерство внутренних дел, Министерство
217 дополнительные нормативные акты здравоохранения,
218 органы местно- го публичного управления, На- циональное бюро статистики 7.2. Борьба с прояв- 7.2.1. Консолидация нормативной 2010- Министерство Детский фонд ООН, ор- Проект закона о внесении лениями насилия базы и разработка механизмов от- 2011 гг. труда, социальной ганизации гражданского изменений и дополнений в по отношению ветственности для лиц, совершивших защиты и семьи, общества некоторые законодательные к девочкам и акты насилия над детьми, в особен- Министерство акты разработаны мальчикам в об- ности над девочками, в том числе в просвещения разовательной учебных заведениях системе 7.2.2. Разработка модулей обучения 2011- Министерство Детский фонд ООН, ор- Модули разработаны борьбе с насилием в педагогических 2012 гг. просвещения ганизации гражданского учреждениях и в программах обуче- общества, академические Торговля людьми и равенство полов в Молдове
ния дидактического персонала и офи- институты циальных лиц 7.2.3. Организация информационно- 2011- Министерство Детский фонд ООН, ор- Количество информацион- ознакомительных кампаний на всех 2012 гг. просвещения ганизации гражданского ных кампаний уровнях в учебных заведениях (учеб- общества, академические ный персонал и ученики/студенты) институты по проблеме насилия по отношению к девочкам и мальчикам, а также жен- щинам как нарушение прав человека 7.3. Улучшение услуг 7.3.1. Разработка и осуществление 2011- Министерство Министерство внутрен- по реабилитации специальных мер по обеспечению 2012 гг. труда, социальной них дел, Министерство и реинтеграции полного внедрения международных защиты и семьи здравоохранения, Мини- жертв торговли договоров, в частности, с учетом по- стерство просвещения, людьми и наси- ложений Конвенции о ликвидации органы местного публич- лия, в частности, всех форм дискриминации в от- ного управления, между- женщин и дево- ношении женщин (ст.6), Протокола народные организации, чек ООН о предотвращении, подавлении организации гражданско- и наказании за торговлю людьми, го общества в частности, женщинами и детьми, а также Конвенции Совета Европы относительно действий по борьбе с торговлей людьми9) 7.3.2. Включение модуля по гендер- 2010- Министерство Международная органи- Модуль обучения разрабо- ному вопросу в курсы обучения для 2012 гг. труда, социальной зация по миграции, Фонд тан и внедрен многоплановых команд с целью пре- защиты и семьи, Организации Объединен- дотвращения и борьбы с торговлей Министерство ных Наций в области на- людьми, насилием в семье здравоохранения, родонаселения, Програм- Министерство ма Развития ООН, просвещения, Организация по безопас- Министерство ности и сотрудничеству в внутренних дел, Европе органы местного публичного управ- ления 7.3.3. Методологическая поддержка, 2010- Министерство Организации гражданско- Методологическая под- предоставляемая трем центрам, ока- 2012 гг. труда, социальной го общества, международ- держка зывающим услуги жертвам насилия в защиты и семьи, ные организации семье /торговли людьми органы местного публичного управ- ления 8. ПОВЫШЕНИЕ УРОВНЯ ПУБЛИЧНОГО СОЗНАНИЯ И СРЕДСТВА МАССОВОЙ ИНФОРМАЦИИ 8.1. Стимулирование 8.1.1. Разработка и осуществление 2010- Координационный Печатная и электронная представления специальных мер по обеспечению 2011 гг. совет по телевиде- пресса, средства массо- положительных полного внедрения приоритетных нию и радио вой информации, орга- образов женщин действий, предусмотренных в Стра- низации гражданского и мужчин и их тегических целях и мерах Пекинской общества, Парламентская статуса, равных платформы действий, в частности, в комиссия по культуре, ответственностей Разделе J (женщины и средства массо- науке, образованию, в публичной и вой информации) молодежи, спорту и сред- частной сфере ствам массовой информа- ции, Правительственная комиссия по гендерному равенству 8.1.2. Пересмотр Закона о печати № 2011- Координационный Организации гражданско- Законодательные акты пере- 243-XIII от 26 октября 1994 г. и За- 2012 гг. совет по телевиде- го общества, международ- смотрены с учетом гендер- кона о телевидении и радио № 603 от нию и радио, Ми- ные организации, Союз ных вопросов и представле- 3 октября 1995 г. с учетом гендерных нистерство труда, журналистов Молдовы ны на утверждение вопросов социальной защи- ты и семьи, Мини- стерство культуры, (Государственное агентство по охра- не нравственности) 8.1.3. Внедрение гендерного подхода 2010- Координационный Союз журналистов Кодекс поведения журна- в Кодекс поведения журналиста с ак- 2011 гг. совет по теле- Молдовы, печатная и листа с учетом гендерного центом на использовании несексист- видению и радио, электронная пресса, ор- вопроса ского языка и представлении нестере- пресс-службы ганизации гражданского отипного образа женщин и мужчин, органов централь- общества, международ- а также исключение использования ного публичного ные организации материалов, призывающих к насилию управления
219 дополнительные нормативные акты
или очерняющих материалов и т.д. 8.1.4. Консолидация потенциала жур- 2010- Министерство Профильные учебные за- Количество курсов для кон-
220 налистов и должностных лиц в об- 2012 гг. просвещения ведения, международные солидации потенциала ласти средств массовой информации организации, организа- Количество обученных жур- по раскрытию принципов равенства ции гражданского обще- налистов полов как фундамента прав человека ства 8.2. Борьба с сексист- 8.2.1. Установление и сокращение 2010- Координационный Печатная и электронная Выпущенные передачи скими образами существующей практики в организа- 2012 гг. совет по теле- пресса, средства массовой в рекламе и сред- циях средств массовой информации, видению и радио, информации, междуна- ствах массовой которые продолжают ущемлять че- пресс-службы родные организации, ор- информации ловеческое достоинство и злоупотре- органов централь- ганизации гражданского бляют отрицательным образом жен- ного публичного общества щин и мужчин в средствах массовой управления информации, включая рекламные материалы 8.2.2. Кампании по продвижению, ин- 2010- Правительствен- Печатная и электронная Количество проведенных Торговля людьми и равенство полов в Молдове
формированию и консолидации спо- 2012 гг. ная комиссия по пресса, средства массовой кампаний собностей, адресованные средствам гендерному равен- информации, междуна- массовой информации для продвиже- ству родные организации, ор- ния адекватного и уравновешенного ганизации гражданского гендерного образа общества 8.3. Повышение сте- 8.3.1. Разработка и внедрение страте- 2010- Пресс-служба Пра- Правительственная ко- пени осознания гии ознакомления Правительства по 2011 гг. вительства, пресс- миссия по гендерному среди женщин и вопросу продвижения гендерного ра- службы органов равенству, международ- мужчин, девочек венства с активным участием мужчин центрального ные организации и мальчиков от- и женщин как средства продолжения публичного управ- носительно прав политики равенства полов в контек- ления человека сте динамики общества 8.3.2. Разработка и распространение 2010- Пресс-служба Пра- Международные орга- Информационные материа- брошюр о Конвенции о ликвидации 2011 гг. вительства, пресс- низации, организации лы разработаны и распро- всех форм дискриминации в отно- службы органов гражданского общества, странены шении женщин и Факультативном центрального высшие учебные заведе- протоколе к ней, Механизме подачи публичного управ- ния и средства массовой жалоб к Специальному отчету о наси- ления информации лии против женщин в Офисе Верхов- ного комиссара по правам человека (OHCHR) и о Европейском суде по правам человека, а также законода- тельстве и национальных планах про- движения прав человека, в частности, женщин и девочек 9. НАЦИОНАЛЬНЫЙ ИНСТИТУЦИОНАЛЬНЫЙ МЕХАНИЗМ 9.1. Повышение от- 9.1.1. Разработка и осуществление 2010- Министерство Правительственная ко- ветственности за специальных мер по обеспечению 2012 гг. труда, социальной миссия по гендерному гендерное равен- полного внедрения стратегических защиты и семьи равенству ство целей и действий, содержащихся в Пекинской платформе действий, За- коне № 5-XVI от 9 февраля 2006 г. об обеспечении равных возможностей для женщин и мужчин10) 9.1.2. Пересмотр функций/статуса и 2010- Министерство Организации гражданско- должностных обязанностей гендер- 2012 гг. труда, социальной го общества, международ- ных единиц в рамках министерств защиты и семьи, ные организации и правительственных агентств и их гендерные едини- корректировка на стандарты Совета цы при органах Европы, предусмотренные в Реко- центрального мендации CM/Рек (2007)17 (Часть публичного управ- C-2 ii, iii, v) Комитета Министров к ления странам-членам о стандартах и меха- низмах равенства полов 9.1.3. Установление гендерных единиц 2010- Министерство Фонд Организации Созданы гендерные еди- на районном уровне и консолидация 2011 гг. труда, социальной Объединенных Наций в ницы их потенциала защиты и семьи, области народонаселения, Количество проведенных органы местного Международная органи- курсов для гендерных еди- публичного управ- зация по миграции, Орга- ниц ления низация по безопасности и сотрудничеству в Евро- пе, Программа Развития ООН, Фонд Организации Объединенных Наций для развития в интересах женщин, организации гражданского общества 9.1.4. Консолидация способностей 2010- Министерство Национальное бюро ста- Количество проведенных членов Правительственной комиссии 2012 гг. труда, социальной тистики, академические обучений по гендерному равенству и гендерных защиты и семьи институты, организации единиц (таких, как внедрение ген- гражданского общества и дерного подхода, гендерный анализ, международные организа- использование гендерной статистики ции, органы центрального и механизмов мониторинга, исполь- публичного управления зование гендерно-чувствительных бюджетов и т.д.)
221 дополнительные нормативные акты 9.1.5. Консолидация способностей 2010- Центр по правам Международные органи- Количество проведенных
222 офиса правозащитника по вопросам 2011 гг. человека зации, Министерство тру- обучений дискриминации по половому при- да, социальной защиты и знаку семьи 9.1.6. Консолидация способностей 2011 г. Национальный Международные орга- Количество проведенных судебных органов в обеспечении пол- институт юстиции, низации, организации обучений ного соблюдения /внедрения поло- Министерство гражданского общества, жений Конвенции о ликвидации всех юстиции, Высший доноры форм дискриминации в отношении совет магистра- женщин, Факультативного протокола, туры Закона № 5-XVI от 9 февраля 2006 г. об обеспечении равных возможно- стей для женщин и мужчин, Закона № 45-XVI от 1 марта 2007 г. о предупре- ждении и пресечении насилия в семье Торговля людьми и равенство полов в Молдове
9.2. Консолидация 9.2.1. Создание и консолидация Меж- 2010- Министерство Министерство эконо- Отчет о внедрении Кон- партнерских се- ведомственной рабочей группы для 2011 гг. труда, социальной мики, Министерство венции о ликвидации всех тей и поддержа- разработки консолидированного от- защиты и семьи, просвещения, Министер- форм дискриминации в от- ние социального чета (четыре и пять) Правительства о Правительствен- ство здравоохранения, ношении женщин составлен диалога внедрении Конвенции о ликвидации ная комиссия по Министерство внутрен- всех форм дискриминации в отноше- гендерному равен- них дел, Министерство нии женщин, который должен быть ству транспорта и дорожного представлен в июле 2011 года хозяйства, Министерство обороны, Министерство иностранных дел и ев- ропейской интеграции, Министерство культуры, Министерство финансов, Министерство юстиции, Министерство сельского хозяйства и пищевой про- мышленности, междуна- родные организации
* Финансирование деятельности по внедрению настоящей Национальной программы будет осуществляться за счет и в пределах финансовых средств, ежегодно предусматри- ваемых в соответствующих бюджетах задействованных публичных органов, и других источников согласно законодательству. дополнительные нормативные акты
Примечания: 1) В особенности с учетом статей 11 и 13 CEDAW, статей 7 и 10 ICESCR, Конвенции Международной организации труда (ILO) 100, 111 и 183, статей 1(2), 4(3), 8, 20, 26, 27 Пересмотренной Европейской социальной хартии. Они также могут включать стандарты, предусмотренные в законодательстве ЕС, в частности, касающиеся доступа, условий труда, гибко- го графика работы, продвижения по иерархической лестнице, равной оплаты труда, увольнения, бремени доказатель- ства обратного (burden of proof) в случаях дискриминации по половому признаку, сексуального домогательства, защиты беременности, материнства и отцовства, а также доступа к услугам и имуществу. Burden of proof = бремя доказательства в области равенства обращения между женщинами и мужчинами – директива, основанная на юриспруденции Судебной палаты Европейского Сообщества, предусматривает передачу обязательств между этими двумя сторонами (истец и ответчик). Если один человек считает несправедливым неприменение принци- па равенства обращения и при существовании презумпции дискриминации, ответчик должен доказать, что этот прин- цип не был нарушен. 2) Статьи 7 и 8 CEDAW, Общая рекомендация № 23 о политической и публичной жизни Комитета по борьбе с дискри- минацией против женщин, ст.25 Международной конвенции о политических и гражданских правах. Сюда входит также Всеобщая декларация прав человека (ст.21), Рекомендация Рек(2003)3 Комитета Министров Совета Европы относи- тельно уравновешенного участия женщин в процессе принятия политических и публичных решений, а также стратеги- ческие цели и действия, содержащиеся в Пекинской платформе действий (Глава 4), касающиеся избирательной системы (Раздел G). 3) Сюда может входить обучение на уровне принятия решений о препятствиях/барьерах, препятствующих доступу жен- щин к процессу принятия решений, а также эффективные стратегии продвижения их участия. 4) Такие, как политические партии, социальные партнеры, молодежные организации, академические институты, орга- низации частного сектора и т.д. 5) Ст.11 Конвенции о ликвидации всех форм дискриминации в отношении женщин, Конвенции Международной ор- ганизации труда № 156 и ст.27 Пересмотренной Европейской социальной хартии. Сюда входит Рекомендация R (96)5 Комитета Министров Совета Европы о примирении семейной жизни со служебными обязанностями, а также стратеги- ческие цели и действия, содержащиеся в главе IV Пекинской платформы действий, в частности, в Разделе F (женщины и экономика). 6) Статьи 11 и 13 Конвенции о ликвидации всех форм дискриминации в отношении женщин, статья 10 Международной конвенции об экономических, социальных и культурных правах, Конвенция Международной организации труда ILO № 102, статьи 12, 13, 14, 30 и 31 Пересмотренной Европейской социальной хартии. Сюда также входят статьи 22 и 25 Всеобщей декларации прав человека. 7) Статья 12 Конвенции о ликвидации всех форм дискриминации в отношении женщин, Общая рекомендация № 24 относительно женщин и здравоохранения, утвержденная Комитетом по устранению дискриминации против женщин, статья 12 Международного пакта по экономическим, социальным и культурным правам, статья 11 Пересмотренной Европейской социальной хартии. Сюда входит статья 25 Всеобщей декларации прав человека, а также Программа дей- ствий Международной конференции по населению и развитию ICPD и стратегические цели и действия, содержащиеся в главе IV Пекинской платформы действий, в частности, в Разделах C (женщины и здравоохранение) и I (права человека женщин). 8) Конвенция о ликвидации всех форм дискриминации в отношении женщин (статья 6 и другие соответствующие по- ложения), Пересмотренная Европейская социальная хартия (статья 16). Это также должно включать Декларацию об устранении насилия против женщин (Резолюция 48/104 Генеральной ассамблеи Организации Объединенных Наций (UN GA)), интенсификация усилий по устранению всех форм насилия против женщин (Резолюция 61/143 UN GA) и Рекомендация Рек(2002)5 Комитета Министров Совета Европы о защите женщин от насилия, а также Стратегические цели и меры, содержащиеся в Главе IV Пекинской платформы действий, в частности, в Разделах D (насилие в отноше- нии женщин) и I (права человека женщин). 9) Это также включает Рекомендацию № R(2000)11 Комитета Министров Совета Европы относительно действий по борьбе с торговлей людьми с целью сексуальной эксплуатации, а также Стратегические цели и меры, содержащиеся в главе IV Пекинской платформы действий, в частности, в Разделе I (права человека женщин). 10) Глава IV, Раздел H (институциональные механизмы по продвижению женщин).
223 Торговля людьми и равенство полов в Молдове
19. ПОСТАНОВЛЕНИЕ об утверждении Типового положения об организации и функционировании центров по оказанию помощи и защите жертв торговли людьми N 1362 от 29.11.2006 Мониторул Офичиал N 186-188/1457 от 08.12.2006
*** В целях выполнения Закона о предупреждении и пресечении торговли людьми № 241-XVI от 20 октября 2005 г. (Официальный монитор Республики Молдова, 2005 г., № 164-167, ст.812) и реализации положений приложения № 2 к Постановлению Правительства № 1219 от 9 ноября 2001 г. «Об утверждении персональ- ного состава Национального комитета по борьбе с контрабандой людей и Национального плана мероприя- тий по борьбе с контрабандой людей» (Официальный монитор Республики Молдова, 2001 г., № 136-138, ст.1274), а также развития услуг по оказанию помощи и защите жертв торговли людьми Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить Типовое положение об организации и функционировании центров по оказанию помощи и защите жертв торговли людьми (прилагается). 2. Центры, предоставляющие услуги жертвам торговли людьми, утверждают свои положения об органи- зации и функционировании на основе указанного типового положения. 3. Расходы, связанные с организацией и функционированием центров, созданных Правительством или органами местного публичного управления, осуществляются в пределах ассигнований, ежегодно предусма- триваемых в соответствующих бюджетах. 4. Министерству внутренних дел совместно с личным составом Главного управления государственной охраны обеспечивать безопасность центров по оказанию помощи и защите жертв торговли людьми. 5. Министерству труда, социальной защиты и семьи координировать открытие соответствующих цен- тров на территории страны и осуществлять мониторинг их деятельности. [Пкт.5 изменен Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010] [Пкт.5 изменен Пост.Прав. N 462 от 24.03.2008, в силу 01.04.2008]
ПРЕМЬЕР-МИНИСТР Василе ТАРЛЕВ Контрассигнуют: министр здравоохранения и социальной защиты Ион Абабий министр финансов Михаил Поп министр внутренних дел Георге Папук
Кишинэу, 29 ноября 2006 г. № 1362.
224 дополнительные нормативные акты
Утверждено Постановлением Правительства № 1362 от 29 ноября 2006 г.
ТИПОВОЕ ПОЛОЖЕНИЕ об организации и функционировании центров по оказанию помощи и защите жертв торговли людьми ГЛАВА I Определение и специфика центра помощи и защиты жертв торговли людьми Раздел 1 Общие положения 1. Центр помощи и защиты жертв торговли людьми (в дальнейшем - центр) является специализирован- ным учреждением, предоставляющим услуги по оказанию помощи в (ре-)интеграции в семьи и в общество. 2. Целью центра является предоставление защиты и временного размещения жертв торговли людьми, их социализация и (ре-)интеграция в семью и общество. 3. Задачами центра являются: обеспечение подходящего и безопасного временного места проживания для жертв торговли людьми; обеспечение процесса защиты жертв торговли людьми посредством оказания им помощи и качествен- ных услуг в соответствии с индивидуальными планами и стандартами качества; содействие процессу социализации и (ре-)интеграции жертв в семью/общество; мониторинг постинтеграционного положения жертв в семье и в сообществе; содержание, уход и развитие ребенка, ставшего жертвой торговли людьми, в соответствии с возрастны- ми особенностями; содействие социализации и (ре-)интеграции ребенка в биологическую/приемную семью и в сообщество. 4. Центр осуществляет свою деятельность на основании следующих принципов: соблюдение фундаментальных прав и свобод человека; соблюдение высших интересов ребенка и его прав; обеспечение права на информирование; полная свобода жертвы; анонимность; качественные услуги; недискриминация; семейная и социальная реинтеграция; соблюдение конфиденциальности частной жизни и личности жертв торговли людьми; уважение мнения взрослого/ребенка, являющегося жертвой, и понимание его проблем; социальная поддержка и индивидуальный уход. 5. Центр осуществляет свою деятельность в соответствии с действующим законодательством, настоя- щим положением и стандартами качества. 6. Координацию, мониторинг и оценку деятельности центра осуществляют отделы/управления социаль- ной помощи и защиты семьи. 7. Центр является юридическим лицом, имеет отдельное имущество, собственный баланс, расчетные счета (в молдавских леях и в иностранной валюте) и другие счета в финансовых учреждениях Республики Молдова, штамп, печать, бланк и символику.
Раздел 2 Пользователи услуг центра 8. Пользователями услуг центра являются жертвы торговли людьми, а также потенциальные жертвы - граждане Республики Молдова, и лица без гражданства, которые имели право на постоянное место жи- тельства в Республике Молдова до момента пересечения территории другого государства (женщины, дети, родители/дети, мужчины).
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ГЛАВА II Учреждение, организация и функционирование центра Раздел 1 Учреждение центра 9. Центр учреждается по согласованию с Министерством труда, социальной защиты и семьи по решению: Правительства, по предложению Национального комитета по борьбе с торговлей людьми; органов местного публичного управления, по предложению территориальной комиссии по борьбе с тор- говлей людьми; международных и неправительственных организаций, с информированием Национального комитета по борьбе с торговлей людьми; органов публичного управления и неправительственных или частных организаций, на основании со- глашения о совместной деятельности. [Пкт.9 изменен Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010] [Пкт.9 изменен Пост.Прав. N 462 от 24.03.2008, в силу 01.04.2008]
Раздел 2 Организация и функционирование центра 10. Центр предоставляет раздельное размещение для взрослых и детей, жертв торговли людьми. 11. Центр предоставляет жилье жертвам торговли людьми на срок до 30 дней. Для защиты жертвы, если это необходимо, срок проживания может быть продлен до 6 месяцев. В случае когда жизнь и здоровье жертв торговли людьми подвергаются угрозе, срок проживания продлевается на период, который считается не- обходимым для защиты жертв. 12. Беременные женщины-жертвы торговли людьми имеют право на проживание в центре до 12 месяцев. 13. Максимальная вместимость центра 30 мест. 14. Центр оборудован согласно стандартам качества в соответствии с индивидуальными и возрастными особенностями пользователей. 15. Центр предоставляет следующие услуги по оказанию помощи: временное безопасное размещение; питание; срочная медицинская помощь; психосоциальное и правовое консультирование; удовлетворение основных материальных потребностей (предметы личной гигиены, одежда, обувь); помощь по (ре-)интеграции. 16. Помощь каждой жертве оказывается на основании индивидуального плана по вмешательству, разра- ботанного социальным ассистентом-координатором данного случая в рамках Центра реабилитации жертв торговли людьми Международной организации миграции Кишинэу или специалистом-координатором многофункциональной команды на местном уровне. План согласовывается со всеми членами многофунк- циональной команды. Пересмотр индивидуального плана по вмешательству осуществляется многофунк- циональной командой на местном уровне. 17. Центр обеспечивает оказание услуг по (ре-)интеграции жертвы в семью и сообщество посредством: подготовки жертвы к (ре-)интеграции в биологическую приемную семью и в сообщество; работы с семьей жертвы; профессионального (пере-)ориентирования; оказания помощи в получении рабочей профессии, востребованной на рынке труда; поддержки при трудоустройстве на рынке труда; мониторинга и оценки положения до и после интеграции в течение одного года (в исключительных слу- чаях данный срок продлевается индивидуально); доступа детей к услугам образования, имеющимся в сообществе: школа, детский сад и т.д. 18. Качество оказываемых услуг периодически оценивается органом аккредитации социальных услуг.
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ГЛАВА III Размещение пользователей Раздел 1 Размещение в центре взрослых пользователей 19. Размещение в центре взрослых пользователей осуществляется в порядке, установленном настоя- щим положением, с представлением профиля данного взрослого пользователя посредством организации/ учреждения (Центр реабилитации жертв торговли людьми Международной организации миграции Киши- нэу; гражданское общество; правовые органы; органы местного публичного управления; отделов/управле- ний социальной помощи и защиты семьи; органы опеки и попечительства) в Министерство труда, социаль- ной защиты и семьи. [Пкт.19 изменен Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010] [Пкт.19 изменен Пост.Прав. N 462 от 24.03.2008, в силу 01.04.2008] 20. Размещение в центре носит временный характер и включает: составление дела взрослого пользователя; комплексную оценку; определение индивидуального плана вмешательства. 21. Комплексная оценка взрослого пользователя производится многофункциональной командой. 22. Лицо, назначенное координатором многофункциональной команды на территориальном уровне, ко- ординирует все вмешательства специалистов, привлеченных к рассмотрению данного случая. Индивиду- альный план вмешательства для каждого пользователя услугами центра ежемесячно пересматривается на основании оценки, осуществленной многофункциональной командой. 23. Подготовка пользователя к выходу из центра осуществляется социальным ассистентом под наблюде- нием менеджера центра в сотрудничестве с отделами/управлениями социальной помощи и защиты семьи. 24. После выхода пользователя из центра (вследствие его (ре-)интеграции) он может воспользоваться услугами по консультированию, сопровождению, эмоциональной поддержке до его полной интеграции в семью и сообщество.
Раздел 2 Размещение в центре пользователей-детей 25. Размещение в Центре пользователей-детей осуществляется в порядке, установленном настоящим по- ложением, с представлением профиля данного ребенка посредством Центра реабилитации жертв торговли людьми Международной организации миграции Кишинэу, гражданского общества; правовых органов; ор- ганов местного публичного управления, отделов/управлений социальной помощи и защиты семьи; органов опеки и попечительства в Министерство труда, социальной защиты и семьи. [Пкт.25 изменен Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010] [Пкт.25 изменен Пост.Прав. N 462 от 24.03.2008, в силу 01.04.2008] 26. Размещение ребенка в центре осуществляется на основании совместного решения, принимаемого территориальной многофункциональной командой, в состав которой в обязательном порядке должны вхо- дить представители органа опеки и попечительства. 27. Размещение детей в центре носит временный характер и включает: составление дела ребенка; комплексную оценку; установление индивидуального плана вмешательства. 28. Личное дело ребенка заполняется специалистом-координатором многофункциональной команды на основании начальной оценки, произведенной социальным ассистентом-координатором данного случая Центра реабилитации Международной организации миграции Кишинэу, с участием специалиста по защите прав ребенка по месту обращения и представителя Министерства труда, социальной защиты и семьи. [Пкт.28 изменен Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010] [Пкт.28 изменен Пост.Прав. N 462 от 24.03.2008, в силу 01.04.2008] 29. В период нахождения ребенка в центре обеспечивается установление и поддержание его отношений с членами биологической/приемной семьи, с его законным представителем, если это не противоречит выс- шим интересам ребенка. 30. Координатор многофункциональной команды, контролирующий все вмешательства специалистов, устанавливает связь с биологической/приемной семьей ребенка или совместно с членами команды при-
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нимает оптимальное решение о (ре-)интеграции ребенка в сообщество, с обращением к альтернативным службам защиты ребенка, созданным в данной местности, при этом институционализация ребенка являет- ся крайним решением. 31. (Ре-)интеграция ребенка осуществляется согласно установленному индивидуальному плану, кото- рый пересматривается ежемесячно многофункциональной командой центра. После комплексной оценки полученных результатов составляется план выхода ребенка из центра. 32. (Ре-)интеграция ребенка в семью является важнейшей задачей центра. Служба семейной (ре-)инте- грации обеспечивает поддержание прямой и непосредственной связи между родителями и ребенком, при необходимости, аккомодацию ребенка и подготовку его к интеграции в новую семью. 33. Семья, в которую интегрирован ребенок, подлежит мониторингу в течение одного года, при этом специалистами учреждения будет оцениваться положение ребенка и семьи после (ре-)интеграции для пре- дотвращения возможного случая повторной торговли или насилия в семье. После интеграции ребенка в семью центр открыт для сотрудничества с семьями и предлагает специализированные консультации, со- провождение, эмоциональную поддержку.
ГЛАВА IV Управление центром Раздел 1 Кадры 34. Центром руководит лицо с высшим образованием в одной из следующих областей: педагогика, пси- хология, психопедагогика, социальная помощь, медицина, право. Должность менеджера центра может со- вмещаться с другой должностью. 35. Менеджер принимается на работу и освобождается от должности учредителями центра согласно действующему законодательству. 36. В своей деятельности менеджер центра руководствуется действующими нормативными и законода- тельными актами, распоряжениями центральных и местных органов публичного управления и настоящим положением. 37. Менеджер центра управляет всеми ресурсами, имеет право принимать на работу и увольнять персо- нал в соответствии с действующим законодательством, несет ответственность за правовую и администра- тивную деятельность центра. 38. Менеджер центра несет ответственность за организацию деятельности центра и качество оказывае- мых услуг. 39. Менеджер центра обеспечивает: функционирование центра согласно стандартам качества; управление финансовыми и материальными ресурсами центра согласно национальным стандартам бух- галтерского учета; организацию и оценку деятельности персонала центра согласно должностным обязанностям; обеспечение конфиденциальности программы и регистров пользователей; заполнение и представление бланков и отчетов о деятельности центра центральным или местным орга- нам публичного управления; представление центра в отношениях с другими государственными или частными учреждениями; обеспечение контроля непрерывного обучения персонала. 40. Менеджер центра созывает собрания по планированию деятельности центра в обычном порядке (еженедельно) или, при необходимости, в экстренном порядке. 41. Менеджер центра заключает соглашения об оказании специализированных услуг с другими про- фильными организациями/учреждениями. 42. Менеджер центра заключает соглашение о сотрудничестве с территориальными правовыми органа- ми для обеспечения физической защиты пользователей и безопасности учреждения. 43. В случае, если менеджер временно не способен выполнять свои служебные обязанности, ответствен- ность за надлежащую работу центра возлагается на заместителя менеджера. 44. Персонал центра состоит из специалистов в различных областях согласно действующему законода- тельству и отвечает функциональным потребностям центра. 45. Персонал центра принимается на работу по конкурсу согласно действующему законодательству. 46. Конкурсная комиссия состоит из менеджера, представителей учредителя (учредителей) центра, начальни- ков отделов/управлений социальной помощи и защиты семьи, представителей органов опеки и попечительства.
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47. Прием персонала производится на основании индивидуального трудового договора, заключенного в соответствии с действующим законодательством. 48. При принятии на работу, а в дальнейшем каждые 6 месяцев персонал обязан проходить медицинский осмотр согласно стандартам Министерства здравоохранения. [Пкт.48 изменен Пост.Прав. N 462 от 24.03.2008, в силу 01.04.2008] 49. Сотрудники центра обязаны соблюдать конфиденциальность информации о личной жизни жертв, которая становится им известной при исполнении служебных обязанностей, а также не требовать и не по- лучать незаконную выгоду за выполняемую работу. 50. Штатное расписание центра устанавливается и утверждается учредителями в соответствии со Стан- дартами качества для услуг помощи и защиты жертв торговли людьми, с целью и задачами центра и поло- жениями действующего законодательства. 51. Центр работает по специальной программе - 24/24 часа, исходя из необходимости обращения, по- мощи в (ре-)интеграции и предоставлении приюта жертвам торговли людьми. 52. Персонал осуществляет свою деятельность согласно должностным обязанностям в помещении цен- тра в соответствии с установленным графиком работы и индивидуальными программами по интеграции жертв торговли людьми. 53. Структура и подготовка персонала центра должны соответствовать задачам центра. 54. Оплата труда сотрудников осуществляется в соответствии с действующим законодательством.
Раздел 2 Имущество центра 55. Центр может владеть любым имуществом, необходимым для его деятельности, и принадлежащим ему на праве собственности и/или пользования в зависимости от способа приобретения соответствующего права. 56. Имущество центра состоит из: первоначального имущества, переданного центру учредителями в собственность и/или пользование; имущества, переданного центру в период его деятельности органами публичной власти, другими юриди- ческими или физическими лицами во временное пользование; пожертвований (грантов) и других добровольных взносов юридических и физических лиц; имущества, приобретенного центром за счет собственных средств в период его деятельности, принад- лежащего ему на праве собственности, а также доходов, полученных в результате использования или от- чуждения этого имущества; иных активов и пассивов, не запрещенных законодательством. 57. Первоначальное имущество передается центру по соглашению между центром и учредителями - соб- ственниками имущества в течение месяца со дня государственной регистрации центра. 58. Имущество центра используется исключительно для реализации его уставных целей. 59. Управление имуществом центра осуществляется в порядке, установленном учредительными доку- ментами центра в зависимости от его стоимости. 60. Центр не имеет права распоряжаться имуществом, которое принадлежит ему на ином праве, чем право собственности, без письменного согласия собственника, независимо от стоимости имущества. После прекращения деятельности центра или истечения установленного срока пользования данное имущество должно быть возвращено собственнику. 61. Центр ведет учет своей финансово-хозяйственной деятельности и представляет бухгалтерские и ста- тистические отчеты в порядке, установленном законодательством.
ГЛАВА V Заключительные положения 62. Деятельность центра прекращается на основании решения учредителей, согласованного с Министер- ством труда, социальной защиты и семьи, в соответствии с положениями действующего законодательства. [Пкт.62 изменен Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010] [Пкт.62 изменен Пост.Прав. N 462 от 24.03.2008, в силу 01.04.2008] 63. После прекращения деятельности центра имущество передается членам-учредителям в соответствии с взносом каждого из них.
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20. ПОСТАНОВЛЕНИЕ о создании Центра по оказанию помощи и защите жертв и потенциальных жертв торговли людьми N 847 от 11.07.2008 Мониторул Офичиал N 127-130/851 от 18.07.2008
*** В целях выполнения положений Закона о предупреждении и пресечении торговли людьми № 241-XVI от 20 октября 2005 г. (Официальный монитор Республики Молдова, 2005 г., № 164-167, ст.812) и Постановления Правительства № 1362 от 29 ноября 2006 г. “Об утверждении Типового положения об организации и функ- ционировании центров по оказанию помощи и защите жертв торговли людьми” (Официальный монитор Республики Молдова, 2006 г., № 186-188, ст.1457) Правительство ПОСТАНОВЛЯЕТ: 1. Создать Центр по оказанию помощи и защите жертв и потенциальных жертв торговли людьми с ме- стом нахождения по адресу: мун.Кишинэу, ул.Буребиста, 93. 2. Центр является публичным учреждением, подчиняющимся Министерству труда, социальной защи- ты и семьи, со статусом юридического лица, финансируемым за счет государственного бюджета и других средств согласно законодательству, специализирующимся в предоставлении цивилизованных условий про- живания и личной гигиены, питания, незамедлительной правовой, социальной, психологической и меди- цинской помощи, обеспечения безопасности и защиты, а также оказания помощи в установлении контакта с родственниками. [Пкт.2 изменен Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010] 3. Министерству здравоохранения обеспечить передачу от публичного медико-санитарного учреждения “Научно-исследовательский институт охраны здоровья матери и ребенка” во временное пользование, без арендной платы, недвижимости, находящейся в его здании, и прилегающей территории, расположенных по адресу: мун.Кишинэу, ул.Буребиста, 93 (удостоверение № 0100/07/6865 от 13 июня 2007 г., выданное Терри- ториальным кадастровым офисом Кишинэу), в управление Центру по поддержке и защите пострадавших от торговли людьми до изменения статуса и профиля деятельности центра. 4. Министерству труда, социальной защиты и семьи в течение месяца: согласовать и заключить Соглашение о совместной деятельности с Миссией Международной органи- зации по миграции в Республике Молдова в целях разделения обязанностей по совместному управлению публичным учреждением “Центр по оказанию помощи и защите жертв и потенциальных жертв торговли людьми” в соответствии с пунктом d) части (2) статьи 17 Закона о предупреждении и пресечении торговли людьми № 241-XVI от 20 октября 2005 г.; утвердить штатное расписание и Положение об организации и функционировании центра; привести свои нормативные акты в соответствие с настоящим постановлением. [Пкт.4 изменен Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010] 5. Агентству земельных отношений и кадастра внести в кадастровую документацию изменения, выте- кающие из положений настоящего постановления.
ПРЕМЬЕР-МИНИСТР Зинаида ГРЕЧАНЫЙ Контрассигнуют: зам. премьер-министра Виктор Степанюк министр социальной защиты, семьи и ребенка Галина Балмош министр финансов Мариана Дурлештяну министр здравоохранения Лариса Катринич Кишинэу, 11 июля 2008 г. № 847.
230 дополнительные нормативные акты
21. ПОСТАНОВЛЕНИЕ об утверждении Типового положения о территориальных комиссиях по пресечению торговли людьми N 234 от 29.02.2008* В целях реализации положений статьи 9 Закона о предупреждении и пресечении торговли людьми № 241-XVI от 20 октября 2005 г. (Официальный монитор Республики Молдова, 2005 г., № 164-167, ст.812), с по- следующими изменениями, Правительство
ПОСТАНОВЛЯЕТ: 1. Утвердить Типовое положение о территориальных комиссиях по пресечению торговли людьми (при- лагается). 2. Районным, муниципальным советам, Народному собранию автономно-территориального образования Гагаузия утвердить положения о территориальных комиссиях по пресечению торговли людьми.
ПРЕМЬЕР-МИНИСТР Василе ТАРЛЕВ Контрассигнуют: министр внутренних дел Георге Папук министр местного публичного управления Валентин Гузнак
Кишинэу, 29 февраля 2008 г. № 234. Утверждено Постановлением Правительства № 234 от 29 февраля 2008 г.
ТИПОВОЕ ПОЛОЖЕНИЕ о территориальных комиссиях по пресечению торговли людьми
I. ОБЩИЕ ПОЛОЖЕНИЯ 1. В целях приведения нормативной базы в соответствие с положениями Конвенции Совета Европы по борьбе с торговлей людьми, принятой 3 мая 2005 года в Страсбурге, настоящее положение устанавливает порядок формирования территориальных комиссий по пресечению торговли людьми, их задачи и основ- ные обязанности, порядок взаимодействия территориальных комиссий с Национальным комитетом по борьбе с торговлей людьми (в дальнейшем – Национальный комитет), а также с центральными и местными органами публичного управления. 2. Для координации деятельности по предупреждению и пресечению борьбы с торговлей людьми в районах, муниципиях и в автономно-территориальном образовании Гагаузия при исполнительных органах соответствующих органов власти создаются территориальные комиссии по пресечению торговли людьми (далее – территориальная комиссия). В муниципии Кишинэу такие комиссии создаются и в секторах. В сво- ей деятельности территориальные комиссии подчиняются Национальному комитету. 3. Соответствующие затраты на деятельность территориальных комиссий будут осуществлять- ся в пределах средств, ежегодно предусматриваемых в бюджетах соответствующих административно- территориальных единиц. 4. Территориальная комиссия осуществляет свою деятельность на основе принципов: а) законности; b) уважения основополагающих прав и свобод человека; c) разделения и взаимодействия властей; d) коллегиальности и взаимного уважения;
* Мониторул Офичиал N 47-48/298 от 07.03.2008
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e) ответственности членов комиссии за исполнение обязанностей, которые закреплены за ними как за представителями компетентных органов и членами комиссии; f) публичности и прозрачности согласно закону; g) сотрудничества с гражданским обществом; h) других основных принципов пресечения торговли людьми. 5. Органы местного публичного управления предоставляют в распоряжение территориальной комиссии помещения для проведения заседаний и других мероприятий.
II. СОСТАВ ТЕРРИТОРИАЛЬНОЙ КОМИССИИ 6. Персональный состав территориальной комиссии утверждается распоряжением председателя органа местного публичного управления, с представлением копии данного распоряжения в Национальный коми- тет. При необходимости число членов комиссии может быть изменено по инициативе ее членов. 7. Председателем территориальной комиссии является заместитель председателя органа местного пу- бличного управления по социальным вопросам. 8. Секретарем территориальной комиссии является служащий органа местного публичного управления. 9. В состав территориальной комиссии на правах членов входят, как правило, представители деконцен- трированных публичных служб министерств, других центральных органов власти, наделенные полномо- чиями в области предупреждения и борьбы с торговлей людьми, неправительственных организаций, ко- торые осуществляют деятельность по предупреждению, пресечению и предоставлению помощи жертвам торговли людьми, другим организациям, при необходимости.
III. ЗАДАЧИ И ОБЯЗАННОСТИ ТЕРРИТОРИАЛЬНОЙ КОМИССИИ 10. Территориальная комиссия является консультативным органом, задачей которого является консо- лидация усилий органов территориально-административных единиц, наделенных полномочиями в области пресечения торговли людьми, а также определение согласованных целей и мероприятий по предупрежде- нию и пресечению торговли людьми. 11. В целях выполнения своих задач территориальная комиссия выполняет следующие функции: а) организует информационные кампании, семинары и встречи в городах, селах административно- территориальных единиц в целях информирования населения о последствиях нелегальной миграции и тор- говли людьми; b) координирует деятельность по предупреждению и пресечению торговли людьми, оказанию защиты и помощи жертвам торговли людьми; c) сотрудничает с местными публичными властями, правоохранительными органами, неправитель- ственными организациями и представителями организаций гражданского общества, действующих на ме- стах, в целях предоставления защиты и помощи жертвам торговли людьми и особенно с представитель- ством Международной организации по миграции в Кишинэу; d) осуществляет на местном уровне деятельность по предупреждению торговли людьми, в том числе детьми, меры, установленные в Национальном плане по предупреждению и пресечению торговли людьми и законодательством в данной области; e) периодически оценивает и мониторизирует мероприятия по предупреждению и пресечению торговли людьми, осуществленные государственными органами на местах, информирует соответствующие органы власти, Национальный комитет и вносит предложения по улучшению данной деятельности; f) предоставляет информационную, организационную и практическую поддержку государственным ор- ганам, привлеченным к процессу предупреждения и пресечения нелегальной миграции и торговли людьми; g) сотрудничает с подобными комиссиями других административно-территориальных единиц; h) внедряет учебные программы по предупреждению и пресечению торговли людьми для лиц из соци- ально уязвимых групп и для служащих, принимающих участие в этой деятельности; i) оказывает помощь в разработке исследовательских, аналитических программ и по сбору статистиче- ских данных по торговле людьми; j) составляет полугодовые и годовые отчеты, информационные справки о деятельности территориаль- ной комиссии, с их представлением в Национальный комитет.
232 дополнительные нормативные акты
IV. ПОРЯДОК ОСУЩЕСТВЛЕНИЯ ДЕЯТЕЛЬНОСТИ ТЕРРИТОРИАЛЬНОЙ КОМИССИЕЙ 12. Территориальная комиссия осуществляет свою деятельность на основе ежегодного плана, утверж- даемого председателем соответствующей комиссии. 13. Заседания территориальной комиссии проводятся председателем, который выполняет следующие функции: а) руководит деятельностью территориальной комиссии; b) созывает и руководит заседаниями территориальной комиссии; c) утверждает повестку дня заседаний территориальной комиссии; d) подписывает протоколы и другие документы, касающиеся деятельности территориальной комиссии; e) представляет территориальную комиссию в отношениях с публичными властями и международными организациями. 14. Деятельность территориальной комиссии в период между рабочими заседаниями обеспечивается ответственным секретарем, который выполняет следующие обязанности: а) обеспечивает организационную, информационную и аналитическую помощь деятельности террито- риальной комиссии; b) требует от членов территориальной комиссии предложений по плану деятельности и повестке дня рабочих заседаний; c) разрабатывает и представляет для утверждения план деятельности территориальной комиссии на определенный период времени, повестку дня рабочих заседаний; d) запрашивает от ответственных лиц представления информации по вопросам, включенным в повест- ку дня, не менее чем за пять дней до созыва заседания; e) подготавливает материалы для заседаний территориальной комиссии; f) ведет учет изученных вопросов и составляет протокол заседания территориальной комиссии; g) составляет отчеты деятельности территориальной комиссии; h) выполняет контроль за осуществлением принятых решений, о чем информирует членов территори- альной комиссии на ординарном заседании. 15. Материалы заседаний, корреспонденция, статистические данные, протоколы, другая информация и материалы о деятельности территориальной комиссии хранятся в исполнительном органе местного пу- бличного управления. 16. Повестка дня заседаний территориальной комиссии составляется ответственным секретарем на основе плана деятельности или предложений, выдвинутых председателем и членами территориальной ко- миссии. 17. Повестка дня доводится до сведения членов территориальной комиссии как минимум за 5 дней до проведения заседания, с представлением материалов, которые будут рассматриваться в ходе заседания. 18. Заседания территориальной комиссии проводятся столько раз, сколько необходимо, но не реже одного раза в квартал и являются правомочными, если на них присутствует большинство членов. 19. Заседания территориальной комиссии проводятся в рабочее время. В период деятельности комиссии за ее членами сохраняется среднемесячная заработная плата по месту постоянной работы. 20. Протокол заседания территориальной комиссии составляется ответственным секретарем в течение 3 дней со дня проведения заседания. 21. Каждое заседание является публичным и по его завершении принимается решение, которое объяв- ляется через средства массовой информации. 22. Решения территориальной комиссии принимаются большинством голосов членов, присутствующих на заседании. 23. Решения территориальной комиссии подписываются ее председателем и секретарем. 24. Решения территориальной комиссии и выписки из протоколов представляются в Национальный комитет.
V. СОТРУДНИЧЕСТВО ТЕРРИТОРИАЛЬНОЙ КОМИССИИ С НАЦИОНАЛЬНЫМ КОМИТЕТОМ 25. Решения Национального комитета обязательны для исполнения территориальной комиссией. 26. Деятельность территориальных комиссий может быть рассмотрена и оценена на заседании Нацио- нального комитета, который осуществляет контроль за их деятельностью. 27. Территориальная комиссия информирует Национальный комитет до 10 января и 10 июля о действи- ях по пресечению и борьбе с торговлей людьми, предпринятых на местах, и вносит предложения об улуч- шении этих действий.
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22. ПОСТАНОВЛЕНИЕ об утверждении Положения о процедуре репатриации детей и взрослых – жертв торговли людьми, нелегальной миграции, а также детей без сопровождения N 948 от 07.08.2008 Мониторул Офичиал N 152-153/949 от 12.08.2008
*** Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить Положение о процедуре репатриации детей и взрослых – жертв торговли людьми, неле- гальной миграции, а также детей без сопровождения (прилагается). 2. Центральным отраслевым органам публичного управления обеспечить внедрение требований По- ложения о процедуре репатриации детей и взрослых – жертв торговли людьми, нелегальной миграции, а также детей без сопровождения. 3. Министерству финансов выделять ежегодно, начиная с 2009 бюджетного года, бюджетные ресурсы для репатриации лиц в соответствии с вышеуказанным Положением. 4. Контроль за выполнением настоящего постановления возложить на Национальный комитет по борь- бе с торговлей людьми.
ПРЕМЬЕР-МИНИСТР Зинаида ГРЕЧАНЫЙ
Контрассигнуют: зам. премьер-министра, министр иностранных дел и европейской интеграции Андрей Стратан министр внутренних дел Валентин Межински министр социальной защиты, семьи и ребенка Галина Балмош министр финансов Мариана Дурлештяну
Кишинэу, 7 августа 2008 г. № 948.
Утверждено Постановлением Правительства № 948 от 7 августа 2008 г.
Примечание: По всему тексту Положения слова “Министерство социальной защиты, семьи и ребенка” заменить словами “Министерство труда, социальной защиты и семьи” согласно Пост.Прав. N 130 от 22.02.2010, в силу 26.02.2010
ПОЛОЖЕНИЕ о процедуре репатриации детей и взрослых – жертв торговли людьми, нелегальной миграции, а также детей без сопровождения Глава I ОБЩИЕ ПОЛОЖЕНИЯ 1. Настоящее Положение устанавливает процедуры: репатриации в страну жертв торговли людьми (взрослых и детей); детей без сопровождения родителей или законных представителей, находящихся на территории иностранных государств (в дальнейшем – дети без сопровождения) и жертв нелегальной миграции; покрытия затрат, понесенных в процессе репатриации в страну жертв торговли людьми (взрослых и детей); детей без сопровождения и жертв нелегальной миграции;
234 дополнительные нормативные акты
идентификации родителей или других законных представителей детей, недееспособных или ограничен- но дееспособных жертв торговли людьми; защиты в срочном режиме лиц предусмотренными в настоящем Положении специальными компетент- ными службами, осуществляющими защиту. 2. Используемые в настоящем Положении определения имеют следующее значение: жертва торговли людьми – физическое лицо, которое предположительно или определенно пострадало в результате действий по торговле людьми, предусмотренных пунктами 1) и 2) статьи 2 Закона № 241-XVI от 20 октября 2005 года о предупреждении и пресечении торговли людьми; жертва незаконной миграции – лицо, которое было подвергнуто действиям, предусмотренным в статье 3621 Уголовного кодекса; ребенок без сопровождения – лицо младше 18 лет, которое было обнаружено без сопроводителя на территории иностранного государства. 3. Настоящее Положение применяется к лицам, указанным в пункте 2 настоящего Положения – гражда- нам Республики Молдова или лицам без гражданства, имеющим право постоянного проживания в Респу- блике Молдова на момент въезда на территорию другого государства. 4. Настоящее Положение предусматривает назначение лиц для контакта во всех ответственных мини- стерствах (Министерство труда, социальной защиты и семьи, Министерство иностранных дел и европей- ской интеграции, Министерство внутренних дел, Министерство просвещения и молодежи, Министерство информационного развития), а также в консульских учреждениях Республики Молдова за рубежом, дипло- матических миссиях и других организациях, действующих в данной области.
Глава II ПРИНЦИПЫ 5. Репатриация в страну лиц, указанных в пункте 2 настоящего Положения, производится в доброволь- ном порядке, на основании письменного согласия, подписанного ими, за исключением детей до 10 лет, или в зависимости от случая на основании согласия, подписанного законным представителем лица, при посред- стве которого оно соглашается получить помощь в процессе репатриации. Помощь в репатриации будет оказываться и в ситуациях, когда в соответствии с законодательством иностранного государства, не суще- ствует возможности для такого лица оставаться временно или постоянно на территории этого государства. 6. Процедуры репатриации будут инициированы только после того, как компетентные органы убедятся в факте, что мнение лица в отношении его репатриации принимается во внимание. 7. Принимая во внимание возраст и уровень зрелости ребенка, мнение последнего будет приниматься во внимание при принятии всех решений и совершении действий, за исключением случаев, предусмотренных в пункте 5 настоящего Положения, которые могут повлиять на него, в том числе: возвращение в страну про- исхождения, воссоединение с биологической семьей, расширенной семьей или помещение на попечение в другой форме ухода и т.д. 8. Репатриация детей осуществляется с соблюдением высших интересов ребенка, с предоставлением в этой связи документов, подтверждающих долгосрочность решения об опеке над ребенком. 9. Решение о репатриации ребенка принимается только в том случае, когда с уверенностью может быть организовано воссоединение ребенка с семьей или когда, после консультации с Министерством труда, со- циальной защиты и семьи, подходящее учреждение согласно и может предоставить адекватную защиту и опеку немедленно по прибытии ребенка в Республику Молдова. Вовлеченные компетентные органы при- знают тот факт, что репатриация может не иметь место. Если после проведения семейно-социального иссле- дования, оценки риска и безопасности, уровня интеграции ребенка в принимающей стране и длительности отсутствия в родной стране, желания продолжить процесс обучения ребенка в принимающей стране, а так- же этнических, религиозных, культурных и лингвистических особенностей ребенка, существуют указания на то, что репатриация не служит высшим интересам ребенка, вовлеченные компетентные органы могут принять решение о нерепатриации ребенка. 10. В случае если возраст лица, идентифицированного за рубежом, не известен достоверно, но существу- ют причины полагать, что это ребенок, с данным лицом будут обращаться как с ребенком с предоставлени- ем всех мер специальной защиты, предусмотренных в настоящем Положении и нормативными актами по правам и защите ребенка, до установления точного возраста. 11. Лицу будет предложена на его родном языке или на любом языке, который ему знаком, с учетом уровня его понимания, информация относительно прав, доступных услуг, средств коммуникации, иденти- фикации семьи, поиска учреждения, предоставляющего защиту, и другая информация о ситуации в стране происхождения.
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12. Любая информация о личности изучается компетентными учреждениями с соблюдением принципа конфиденциальности, чтобы не допустить клеймения и не подвергнуть опасности данное лицо и его родных. 13. Личность ребенка или информация, обеспечивающая идентификацию ребенка, не разглашается через средства массовой информации или любым другим образом, кроме случаев исключительных обстоятельств, когда это необходимо для облегчения идентификации членов семьи или для обеспечения защиты ребенка. 14. Личная информация обрабатывается (компилируется, регистрируется, хранится, корректируется, уда- ляется и передается) с согласия лиц, предусмотренных в пункте 2 настоящего Положения, или в отдельных случаях законных представителей, с уважением права на частную жизнь и индивидуальность. Лицо имеет право знать, какое учреждение владеет информацией о нем, и получать копию соответствующей информации. 15. Министерство труда, социальной защиты и семьи несет ответственность за все действия, связанные с подготовкой и инициированием процедур репатриации лиц, указанных в пункте 2 настоящего Положения. 16. Деятельность, предусматривающая идентификацию жертв торговли людьми и их семей, выдачу про- ездных и идентификационных документов для лиц, предусмотренных в пункте 2 настоящего Положения, а также необходимые услуги по письменному/ устному переводу, в пределах закона освобождаются от уплаты консульских сборов и каких-либо других существующих платежей и/или налогов. 17. Затраты по перевозке репатриируемого лица и его сопровождающих оплачиваются в соответствии с договорами о реадмиссии или другими договорами о сотрудничестве, подписанными Республикой Молдо- ва с другими государствами. 18. В случае, если не существует подписанных договоров о реадмиссии, эти затраты покрываются Мини- стерством труда, социальной защиты и семьи.
Глава III СОТРУДНИЧЕСТВО С КОМПЕТЕНТНЫМИ ОРГАНАМИ ВЛАСТИ В СТРАНЕ НАЗНАЧЕНИЯ С ЦЕЛЬЮ ИДЕНТИФИКАЦИИ МЕСТОНАХОЖДЕНИЯ ЛИЦА, ЕГО ПОМЕЩЕНИЯ ПОД ЗАЩИТУ И ИНИЦИИРОВАНИЯ ПРОЦЕДУРЫ РЕПАТРИАЦИИ 19. Органы власти, ответственные за внедрение настоящего Положения, будут укреплять сотрудничество с властями других стран, с международными организациями и неправительственными организациями в стране и за рубежом в целях гармонизации и повышения эффективности процедур репатриации, а также процедур поиска лиц, которые на основании имеющейся информации предположительно являются жертвами торговли людьми, незаконной миграции или детьми без сопровождения. 20. Компетентные государственные органы, а также другие лица, учреждения или ассоциации из Респу- блики Молдова в течение 5 рабочих дней с момента получения информации о нахождении в иностранном государстве лиц, предусмотренных в пункте 2 настоящего Положения, должны информировать письменно Министерство труда, социальной защиты и семьи, которое, через Министерство иностранных дел и евро- пейской интеграции запрашивает помощь дипломатических и консульских миссий Республики Молдова в данной сфере. 21. Действия, изложенные в пункте 20, выполняются также в случае, если информация о нахождении лиц, предусмотренных в пункте 2 настоящего Положения, поступила непосредственно от таковых лиц или их семей, а также в случае уведомления со стороны третьего лица. 22. Дипломатические и консульские миссии Республики Молдова немедленно после получения инфор- мации о присутствии в стране их нахождения лиц, предусмотренных в пункте 2 настоящего Положения, предпринимают необходимые меры по их идентификации и запрашивают у компетентных властей соот- ветствующей страны информацию о личных данных, идентификационных документах этих лиц; другую информацию, полезную и необходимую для их идентификации, о примененных защитных мерах, о психо- соматическом состоянии и способности человека совершать поездки, о его согласии на репатриацию и т.д. 23. Дипломатические и консульские миссии Республики Молдова обеспечивают передачу информации от уполномоченного учреждения из Молдовы и страны назначения в течение 5 рабочих дней, если между- народными соглашениями, стороной которых Республика Молдова является, не предусмотрена другая про- цедура в этом отношении. 24. Дипломатические и консульские миссии Республики Молдова через Министерство иностранных дел и европейской интеграции информируют Министерство труда, социальной защиты и семьи в течение 5 ра- бочих дней о лицах, указанных в пункте 2 настоящего Положения, обратившихся с просьбой о репатриации или нуждающихся в ней. 25. Дипломатические и консульские миссии несут ответственность за направление заявлений в органы власти страны, на территории которой обнаружен кто-либо из лиц, указанных в пункте 2 настоящего По-
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ложения, и ходатайствуют перед органами власти этой страны о предоставлении адекватной защиты и по- мощи до момента репатриации. 26. Дипломатические и консульские миссии в пределах, предусмотренных законодательством соответ- ствующей страны и двусторонними и многосторонними соглашениями, предоставляют лицам, указанным в пункте 2 настоящего Положения, помощь в переводе, размещении для проживания, срочную медицин- скую помощь и другую помощь, в зависимости от ситуации.
Глава IV ПРОЦЕДУРЫ РЕПАТРИАЦИИ РЕБЕНКА Раздел 1 Проверка личности ребенка, его документирование и инициирование процедуры поиска его семьи или законного представителя 27. Если обнаруженный ребенок не обладает никакими документами, подтверждающими его личность, дипломатические и консульские миссии проверяют его личность при помощи автоматизированной системы ACCES, либо запрашивают для этого помощь Министерства информационного развития. 28. Министерство информационного развития предпринимает необходимые меры для идентификации ребенка и сообщает о результатах проверки в Министерство иностранных дел и европейской интеграции и Министерство труда, социальной защиты и семьи в течение 3 рабочих дней после получения запроса. 29. Если Министерство информационного развития не располагает информацией о ребенке (его рожде- ние не было зарегистрировано в Книге записи актов гражданского состояния), ответственность за проверку личности ребенка передается Министерству труда, социальной защиты и семьи, которое в сотрудничестве с Министерством информационного развития, Министерством внутренних дел и органами местного пу- бличного управления осуществляет следующие действия: 1) устанавливает место рождения ребенка; 2) получает информацию в подразделениях Министерства здравоохранения о рождении ребенка от ро- дителей – граждан Республики Молдова; 3) получает информацию о родителях в случаях, когда рождение не было зарегистрировано в органе ре- гистрации гражданского состояния и консульских службах Республики Молдова за рубежом, в целях уста- новления факта рождения ребенка; 4) инициирует процедуру поздней или последующей регистрации рождения ребенка в органах реги- страции гражданского состояния согласно положениям Закона № 100-XV от 26 апреля 2001 года об актах гражданского состояния. 30. Министерство труда, социальной защиты и семьи информирует, посредством Министерства ино- странных дел и европейской интеграции, власти в стране назначения о начале и ходе процесса идентифи- кации ребенка. 31. После получения информации о ребенке Министерство труда, социальной защиты и семьи в срочном по- рядке инициирует процедуру идентификации семьи/ законного представителя ребенка (или, в зависимости от случая, учреждения, в которое можно поместить ребенка и которое обязано осуществлять опеку над ребенком) и запрашивает его согласие на репатриацию, за исключением случаев, когда деятельность по поиску или способ, которым эта процедура осуществляется, противоречит интересам ребенка. 32. Если лица, предусмотренные в пункте 31 настоящего Положения, не нашлись по месту жительства или не дают согласие на репатриацию ребенка, Министерство труда, социальной защиты и семьи уведомля- ет орган опеки по последнему известному месту проживания ребенка или семьи, который в течение 5 дней выдаст заключение для репатриации ребенка, обеспечивая в зависимости от ситуации меры по его защите. 33. Если семья ребенка не может быть идентифицирована, Министерство труда, социальной защиты и семьи обращается в дипломатические или консульские миссии, которые ходатайствуют перед местными органами власти страны назначения об обеспечении возможности беседы с ребенком в целях сбора биогра- фических и социальных сведений, при участии представителей дипломатической или консульской миссии, или в зависимости от случая других назначенных специалистов, информируя о результатах Министерство труда, социальной защиты и семьи. 34. Если личность ребенка не может быть установлена, Министерство труда, социальной защиты и се- мьи через Министерство иностранных дел и европейской интеграции информирует предоставляющие за- щиту органы страны назначения о том, что ребенок не может быть включен в категорию лиц, указанных в пункте 2 настоящего Положения, и, следовательно, молдавские власти не могут в дальнейшем нести ответ- ственность за репатриацию данного ребенка.
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35. В процессе репатриации и после репатриации Министерство труда, социальной защиты и семьи в сотруд- ничестве с Министерством внутренних дел обеспечивает оценку рисков и безопасность ребенка и его семьи, включающую рассмотрение возможности действий, связанных со стигматизацией/ досаждением со стороны общества или семьи; угрозами, расправой или давлением на ребенка или его родственников со стороны торгов- цев людьми или их сообщников; повторным попаданием в ситуацию торговли людьми. 36. В случае, когда устанавливается, что нахождение идентифицированного ребенка на территории ино- странного государства является результатом действий уголовного характера, Министерство внутренних дел инициирует процедуру уголовного расследования случая. 37. Министерство труда, социальной защиты и семьи ходатайствует перед компетентными органами страны, на территории которой находится последнее известное место проживания ребенка и его семьи, проведения в срочном порядке социального исследования семьи и составления первоначального индиви- дуального плана подготовки социальной реинтеграции ребенка. 38. По мере накопления релевантной информации о ребенке и семье (установление личности, первичная оценка семьи, первоначальный индивидуальный план и т.д.), Министерство труда, социальной защиты и семьи передаст ее властям страны назначения через Министерство иностранных дел и европейской ин- теграции, дипломатическим и консульским миссиям. Одновременно с окончанием сбора информации по делу, Министерство труда, социальной защиты и семьи информирует страну назначения о дате репатриа- ции, сопровождающем, транспортном средстве, которым будет перевозиться ребенок, пунктах перехода границы, необходимых мерах по подготовке ребенка к поездке и т.д.
Раздел 2 Репатриация ребенка и помещение под защиту 39. После получения согласия на репатриацию от властей страны назначения Министерство труда, со- циальной защиты и семьи: 1) планирует репатриацию и осуществляет мероприятия по организации перевозки в пределах имею- щихся ресурсов; 2) издает приказ о назначении сопровождающего/ сопровождающих, обладающих способностями, не- обходимыми для исполнения миссии; 3) составляет сопроводительное письмо, в котором указывает сведения о сопровождающем/ сопрово- ждающих и о ребенке, который будет репатриирован, пункты перехода границы и в зависимости от случая другую существенную информацию, для предоставления сопровождающим/ сопровождающими по требо- ванию властей, участвующих в репатриации; 4) осуществляет перевод документов, которые должны быть переданы в данной связи властям страны назначения. 40. В случае репатриации ребенка через третью страну, дипломатические и консульские миссии Респу- блики Молдова в третьей стране оказывают помощь в получении разрешения на транзит и в выдаче про- ездных документов. При необходимости дипломатические и консульские миссии связываются с властями страны транзита для ускорения транзита, получения необходимых для транзита документов, предостав- ления помощи в определении местонахождения/ идентификации/ перевозки/ сопровождения из пунктов въезда/выезда страны транзита на основании договора о реадмиссии, облегчения сообщения с родителями, находящимися в третьей стране, и воссоединения семьи в третьей стране. 41. Министерство иностранных дел и европейской интеграции предоставляет помощь в получении визы/виз для выезда сопровождающего в страну назначения и предпринимает действия в целях преодо- ления препятствий, возникающих в стране назначения в процессе репатриации. 42. По прибытии, ребенка встречают родители или другие законные представители. В противном слу- чае, орган опеки по последнему месту проживания родителей или, в зависимости от случая, Министерство труда, социальной защиты и семьи назначает лицо, сопровождающее ребенка к месту проживания или в учреждение, предоставляющее защиту, установленное и проинформированное заранее. 43. В случае, если ребенка в пункте перехода границы будет встречать работник учреждения, предостав- ляющего защиту, лицо, сопровождающее ребенка и лицо, назначенное для его приема, подписывают про- токол передачи/приема репатриированного ребенка. 44. Если власти страны назначения принимают на себя ответственность по сопровождению и репатриа- ции детей, дипломатические и консульские миссии информируют Министерство труда, социальной защи- ты и семьи об их решении и деталях планируемой репатриации.
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Раздел 3 Реабилитация, мониторинг и отчетность 45. Учреждение, предоставляющее защиту, которое взяло под свою опеку репатриированного ребенка в пункте перехода границы или в конечном пункте назначения, становится ответственным за его жизнь и безопасность, и инициирует процесс реабилитации ребенка, исходя из его возраста, проблем и предложе- ний органов страны назначения, участвовавших в репатриации, и т.д. 46. Министерство труда, социальной защиты и семьи требует от органов опеки по месту проживания ребенка или административно-территориальной единицы, на территории которой действует учреждение, предоставляющее защиту, куда был помещен репатриированный ребенок, принятия необходимых мер по социально-семейной реинтеграции ребенка, или по выбору и организации другой формы защиты в соот- ветствии с законодательством. 47. Орган опеки осуществляет мониторинг его ситуации согласно законодательству, представляя соот- ветствующие отчеты Министерству труда, социальной защиты и семьи. 48. Соответствующая информация о процедуре репатриации, реинтеграции и мониторинга ребенка по- сле репатриации собирается в специальном деле ребенка и хранится в Министерстве труда, социальной защиты и семьи. 49. При запросе компетентных зарубежных органов информации о положении после репатриации лиц, указанных в пункте 2 настоящего Положения, Министерство труда, социальной защиты и семьи по пред- варительному согласию соответствующего лица или его законного представителя предоставляет такую ин- формацию через Департамент по консульским делам Министерства иностранных дел и европейской инте- грации.
Глава V ПРОЦЕДУРЫ ПО РЕПАТРИАЦИИ ВЗРОСЛЫХ Раздел 1 Проверка личности лица и его документирование в целях инициирования процедуры репатриации 50. Если взрослое лицо, указанное в пункте 2 настоящего Положения, не обладает никакими докумен- тами, подтверждающими его личность, дипломатические и консульские миссии проверяют его личность через автоматизированную систему ACCES либо запрашивают для этого помощь Министерства информа- ционного развития. Министерство информационного развития предпринимает меры, необходимые для идентификации взрослого, и сообщает о результатах проверки в Департамент по консульским делам и Министерство труда, социальной защиты и семьи в течение 3 рабочих дней после получения запроса. 51. Дипломатические и консульские миссии выдают необходимые документы лицу, являющемуся субъ- ектом репатриации, в 3-дневный срок. 52. Дипломатические и консульские миссии, а также почетные консулы Республики Молдова в третьей стране предоставляют помощь в получении разрешения на транзит и в выдаче проездных документов в целях репатриации соответствующего лица. При необходимости дипломатические миссии, консульские учреждения и почетные консулы Республи- ки Молдова связываются с властями третьей страны для ускорения физического транзита, получения не- обходимых документов для транзита, предоставления помощи в определении местонахождения /идентифи- кации/ перевозки/ сопровождения из пунктов въезда/выезда транзитной страны на основании договора о реадмиссии, облегчения общения с родителями или детьми, находящимися в третьей стране, и воссоедине- ния семьи в третьей стране. 53. В процессе репатриации и после репатриации Министерство труда, социальной защиты и семьи в сотрудничестве с Министерством внутренних дел обеспечивает оценку рисков и безопасность лица, ко- торое будет репатриировано, и его семьи, включающую рассмотрение возможности действий, связанных со стигматизацией/ досаждением со стороны общества или семьи; угрозами, расправой или давлением на лицо или на его родственников со стороны торговцев людьми или их сообщников; повторным попаданием в ситуацию торговли людьми. 54. Для эффективной и правильной оценки рисков во внимание принимается мнение соответствующего лица на всем протяжении данного процесса, а решение о репатриации принимается на основании добро- вольного участия лица в процедуре репатриации.
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55. Если в результате оценки риска и безопасности устанавливается, что существует неминуемая опас- ность для жизни и здоровья лица, которое должно быть репатриировано, по ходатайству Министерства труда, социальной защиты и семьи компетентная служба в составе Министерства внутренних дел назначает одного или более сопровождающих полицейских, которые выедут в страну назначения в целях сопрово- ждения лица в течение всей поездки или встретят лицо в пункте перехода границы Республики Молдова, обеспечивая физическую безопасность последнего. 56. Если у лица, которое должно быть репатриировано, имеются тяжелые психо-соматические пробле- мы, подтвержденные справкой о способности лица совершать поездки, выданной компетентными органа- ми страны происхождения, Министерство здравоохранения по ходатайству Министерства труда, социаль- ной защиты и семьи назначит одного или более специалистов соответствующего профиля, которые выедут в страну назначения в целях сопровождения лица в течение всей поездки или встретят лицо в пункте пере- хода границы Республики Молдова.
Раздел 2 Репатриация лица и помещение под защиту 57. Министерство труда, социальной защиты и семьи несет ответственность за выполнение всех дей- ствий, связанных с подготовкой и началом процедур, связанных с репатриацией лица (запрашиваемое семейно-социальное исследование, установление даты и условий репатриации, назначение сопровождаю- щего, обеспечение срочного и/или длительного размещения по возвращении в страну, передача случая имеющимся службам). 58. После завершения действий по оценке риска и безопасности, выдачи проездных документов и по- лучения согласия на репатриацию от соответствующего лица Министерство труда, социальной защиты и семьи планирует репатриацию, меры по защите, которые предстоит принять, и сообщает дипломатическим миссиям и консульским учреждениям, Министерству внутренних дел, Пограничной службе, имя и фами- лию репатриируемого лица, номер и серию проездных документов, информацию о транспортном средстве, дату и время прибытия в пункт перехода границы при въезде на территорию Республики Молдова. Если лицо репатриируется при сопровождении, предоставляются сведения о личности сопровождающего/ со- провождающих. 59. Пограничная служба пункта перехода границы Республики Молдова содействует доступу предста- вителей Министерства труда, социальной защиты и семьи, Министерства внутренних дел, Министерства здравоохранения, назначенных для встречи репатриируемого лица и сопровождения его до места житель- ства или заранее установленного специализированного учреждения.
Раздел 3 Реабилитация, мониторинг и отчетность 60. После завершения процедуры репатриации Министерство труда, социальной защиты и семьи, в со- ответствии с добровольным согласием, выраженным репатриированным лицом, принимает все меры, не- обходимые для его реабилитации и реинтеграции, в рамках Национальной системы перенаправления для предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми. 61. Любое документирование и мониторинг конкретных случаев должны производиться с соблюдением права на личную тайну и международных и региональных стандартов по защите информации. 62. В случаях, когда компетентные зарубежные органы запрашивают информацию о положении лица после репатриации, Министерство труда, социальной защиты и семьи сообщает им любую информацию, относящуюся к данному вопросу, при предварительном согласии соответствующего лица.
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23. ПОСТАНОВЛЕНИЕ Nr. 257 от 05.12.2008 об утверждении Стратегии Национальной Системы Перенаправления для Предоставления Защиты и Помощи жертвам и потенциальным жертвам торговли людьми и Плана действий по реализации Стратегии Национальной системы перенаправления для предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми на 2009–2011 годы* Парламент постановляет: Ст.1. – Утвердить: – Стратегию Национальной системы перенаправления для предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми согласно приложению 1, которое является неотъемлемой ча- стью настоящего постановления; – План действий по реализации Стратегии Национальной системы перенаправления для предоставле- ния защиты и помощи жертвам и потенциальным жертвам торговли людьми на 2009–2011 годы согласно приложению 2, которое является неотъемлемой частью настоящего постановления. Ст.2. – Обеспечить реализацию данной Стратегии за счет и в пределах ассигнований, предусмотренных в соответствующих бюджетах, а также в пределах средств, поступающих из других источников, в соответ- ствии с действующими нормативными актами. Ст.3. – Центральным отраслевым органам публичного управления и органам местного публичного управления принять необходимые меры для реализации указанных Стратегии и Плана действий в пределах возложенных на них полномочий и каждые полгода представлять Министерству социальной защиты, се- мьи и ребенка отчет о полученных результатах. Ст.4. – Министерству социальной защиты, семьи и ребенка: – осуществлять мониторинг и координировать процесс реализации указанных Стратегии и Плана дей- ствий; – обобщать информацию и представлять ежегодно до 30 марта Правительству и Национальному коми- тету по борьбе с торговлей людьми отчет о реализации Стратегии и Плана действий. Ст.5. – Правительству обеспечить выполнение настоящего постановления и периодически информиро- вать Парламент о реализации указанной Стратегии.
ПРЕДСЕДАТЕЛЬ ПАРЛАМЕНТА Мариан ЛУПУ № 257-XVI. Кишинэу, 5 декабря 2008 г.
СТРАТЕГИЯ Национальной системы перенаправления для предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми Введение Торговля людьми является актуальной проблемой современного общества. Распространение этого яв- ления в мировом масштабе требует немедленных действий со стороны правительств всех стран, постра- давших от этого бедствия. Торговля людьми является нарушением прав человека, ущемлением достоинства и неприкосновенности личности. Принципы развития демократического общества несовместимы с обра- щением с человеком, как с товаром. Международные организации оценивают количество жертв торговли людьми приблизительно в 2,45 миллиона человек, большинство из которых составляют женщины и дети. Масштабы явления диктуют необходимость принятия широких мер в целях мобилизации ресурсов, консолидации усилий правительств и гражданского общества в рамках эффективного партнерства для предупреждения и борьбы с торговлей людьми. Развитие надлежащей системы противодействия торговле
* Опубликован : 10.02.2009 в Monitorul Oficial Nr. 27-29 статья № : 66
241 Торговля людьми и равенство полов в Молдове
людьми является адекватным решением для сокращения этого явления. Внедрение такой системы является первостепенной задачей для Республики Молдова.
I. Анализ ситуации 1. Торговля людьми продолжает оставаться для Республики Молдова сложной проблемой, требующей неотложного решения. Имеющиеся данные показывают, что в 2000–2007 годы граждане Республики Мол- дова подвергались эксплуатации в 32 странах мира. Серьезность ситуации свидетельствует о том, что в настоящее время Республика Молдова остается страной–источником торговли людьми. В меньшей степе- ни Республика Молдова является страной транзита жертв торговли людьми из стран бывшего Советского Союза в страны Европы. Зарегистрированы случаи торговли людьми с целью извлечения органов и тканей. В большинстве случаев жертвами торговли людьми становятся частные лица, а при эксплуатации с целью попрошайничества – несовершеннолетние и матери с детьми. В большинстве случаев жертвами торговли людьми являются малоимущие сельские жители, чаще молодежь без профессии и без работы, в том числе лица, подвергшиеся насилию в семье. В Республике Молдова имеет место и внутренняя торговля людьми: сельские жители становятся жертвами торговли людьми в больших городах страны. В этой связи, неправи- тельственные организации (общественные и религиозные) и международные организации прикладывают значительные усилия для предупреждения торговли людьми, идентификации и предоставления помощи жертвам торговли людьми в рамках программ по предупреждению и борьбе с данным явлением. 2. Тенденции показывают, что возрастные рамки торговли людьми продолжают расширяться. Все чаще регистрируются случаи, когда жертвами торговли людьми становятся лица старше 25 лет, а также дети, в то время как в предыдущем периоде жертвами торговли людьми являлись лица в возрасте 18–25 лет. Способы вербовки и перевозки жертв торговли людьми за границу, а также способы эксплуатации становятся все более разнообразными. Участились случаи, когда бывшие жертвы торговли людьми становятся преступ- никами, вербуя других людей. На национальном уровне не существует единой системы сбора информации о торговле людьми. Учреждения, осуществляющие деятельность по предупреждению и борьбе с торговлей людьми, предоставляют различные статистические данные, исходя из специфики их функций в области борьбы с данным явлением или предоставления помощи жертвам торговли людьми. 3. В последние годы Правительство предприняло ряд мер для пресечения случаев торговли людьми и защиты жертв этого явления. Так, Республика Молдова ратифицировала между¬ народные акты, касающиеся торговли людьми: Кон- венцию ООН против транснациональной организованной преступности, а также Протокол о предупре- ждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее (2000 г.), Кон- венцию Совета Европы по борьбе с торговлей людьми (2005 г.), Факультативный протокол к Конвенции о правах ребенка, касающийся торговли детьми, детской проституции и детской порнографии (2000 г.). Принят Закон о предупреждении и пресечении торговли людьми № 241-XVI от 20 октября 2005 года, также приведены в соответствие с международными нормативными актами в данной области Уголовный кодекс и Кодекс об административных правонарушениях (2005 г.). Разработаны и утверждены документы, регули- рующие организацию деятельности в данной области: Национальный план действий по предупреждению и пресечению торговли людьми на 2008–2009 годы, Типовое положение об организации и функционировании центров по оказанию помощи и защите жертв торговли людьми (2006 г.). Заключены двусторонние согла- шения в области борьбы с торговлей людьми с рядом государств (Турция, Российская Федерация, Румыния, Украина и др.). Наряду с развитием законодательной базы Правительством созданы институциональные структуры: Национальный комитет по пресечению торговли людьми (2001 г.), действующий при Генераль- ном прокуроре Координационный совет правоохранительных органов (2007 г.), территориальные комис- сии по пресечению торговли людьми (2002 г.). При поддержке доноров в составе Министерства внутренних дел создан Центр по борьбе с торговлей людьми (2006 г.). При Министерстве социальной защиты, семьи и ребенка создано подразделение по координации Национальной системы перенаправления для предостав- ления защиты и помощи жертвам и потенциальным жертвам торговли людьми (далее – НСП), финансируе- мое Международной организацией по миграции на основе Меморандума о сотрудничестве, подписанного сторонами в 2006 году. За последние годы существенно возросло количество возбужденных уголовных дел и лиц, осужденных за преступления, связанные с торговлей людьми. Высшая судебная палата обобщила результаты судебной практики по делам о торговле людьми, включая торговлю детьми, незаконном вывозе детей из страны и сутенерстве (2006 г.). 4. Меры, предпринятые за последние два года, способствовали стабилизации ситуации в этой области, но масштабы данного явления требуют от Правительства определения конкретных мер и новых способов предупреждения и борьбы с торговлей людьми.
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II. Обоснование необходимости стратегического подхода к явлению торговли людьми 5. В целях оптимальной организации предоставления защиты и помощи жертвам торговли людьми, реа- лизации мер по предупреждению торговли людьми, объединения усилий всех участников борьбы с дан- ным явлением в Республике Молдова необходим системный подход к решению этой проблемы. Создание НСП представляет собой особую систему сотрудничества, посредством которой государственные струк- туры выполняют свои обязанности по защите и продвижению прав человека–жертвы торговли людьми и координируют усилия в рамках стратегического партнерства с гражданским обществом, а также другими активным участниками, действующими в данной области. НСП основана на совместном опыте организа- ции деятельности по перенаправлению и международных стандартах противодействия торговле людьми. 6. Развитие и реализация систем перенаправления на национальном уровне предусмотрены Планом действий ОБСЕ по борьбе с торговлей людьми, утвержденным на Маастрихтском заседании Совета Мини- стров в декабре 2003 года, а также Планом действий “Республика Молдова – Европейский Союз” (пункт 52), утвержденным Постановлением Правительства № 356 от 22 апреля 2005 года. Создание НСП содействует построению и развитию демократических институтов правового государства, а также обеспечивает защиту основных прав и свобод человека посредством системы политико-юридических гарантий. Структура НСП и порядок ее организации охватывают все уровни общества: частных лиц, неправительственные организа- ции и государственные структуры на местном, национальном и транснациональном уровнях. 7. Особыми элементами внедрения НСП в Республике Молдова являются: – предупреждение явления торговли людьми путем предоставления социальной помощи потенциаль- ным жертвам торговли людьми; – развитие транснационального сотрудничества, особо сложного и важного для Республики Молдова элемента. 8. Стратегия НСП (далее – Стратегия) призвана интегрировать систему предоставления защиты и по- мощи жертвам торговли людьми в систему социальной помощи. 9. Реформирование существующего порядка предос¬тавления защиты и помощи жертвам торговли людьми будет производиться поэтапно, с тем чтобы сохранить качество оказываемых услуг и обеспечить защиту законных интересов жертв торговли людьми. 10. Жертвами торговли людьми нередко становятся дети, оказавшиеся в трудной ситуации, репатрииру- емые Министерством социальной защиты, семьи и ребенка в сотрудничестве с Миссией МОМ в Республике Молдова и Фондом “Тerre des Hommes” из Российской Федерации, Украины (дети, оставшиеся без попече- ния родителей, дети из семей, находящихся в ситуациях риска, и др.). Национальная стратегия по защите ребенка и семьи, утвержденная Постановлением Правительства № 727 от 16 июня 2003 года, определяет порядок решения проблем ребенка и семьи, способствует повышению качества и доступности социальной помощи, а также развитию системы услуг на местном уровне. Специалисты, наделенные полномочиями в области предупреждения и борьбы с торговлей людьми (со- трудники полиции, социальные ассистенты, представители местных агентств), сталкиваются с определен- ными трудностями при идентификации ребенка-жертвы. Кроме того, не в полной мере осознается необ- ходимость особой защиты и заботы, в которых нуждается ребенок. Более того, отсутствуют надлежащие сотрудничество и коммуникация между организациями, ответственными за предупреждение этого явле- ния и борьбу с ним. Стратегия вносит вклад в реализацию задач по защите ребенка и семьи с точки зрения предупреждения торговли людьми. 11. Положения Стратегии соответствуют национальным приоритетам на среднесрочный период в рамках Национальной стратегии развития на 2008–2011 годы, утвержденной Законом № 295-XVI от 21 декабря 2007 года, а также мероприятиям, включенным в План действий по внедрению Национальной стратегии развития на 2008–2011 годы, утвержденный Постановлением Правительства № 191 от 25 февраля 2008 года.
III. Цель, задачи и принципы Стратегии 12. Целью Стратегии является обеспечение системного подхода к предоставлению защиты и помощи жерт- вам и потенциальным жертвам торговли людьми, а также обеспечение соблюдения прав человека. 13. Основной задачей Стратегии является внедрение системного подхода к предоставлению защиты и помощи жертвам и потенциальным жертвам торговли людьми. 14. Стратегия направлена на реализацию следующих специфических задач: – развитие системы предоставления защиты и помощи жертвам торговли людьми на основе системного подхода; – приведение нормативно-правовой базы по предупреждению и борьбе с торговлей людьми в соответ- ствие с положениями международных договоров в данной области;
243 Торговля людьми и равенство полов в Молдове
– обеспечение доступа жертв и потенциальных жертв торговли людьми к качественным услугам; – повышение профессиональной квалификации кадров в области предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми; – укрепление институциональной основы в области предупреждения и борьбы с торговлей людьми на всех уровнях публичного управления; – развитие системы защиты жертв торговли людьми – свидетелей, участвующих в уголовном процессе; – разработка механизма финансирования мер по предоставлению защиты и помощи жертвам и потен- циальным жертвам торговли людьми; – разработка инструментов и процедур перенаправления жертв и потенциальных жертв торговли людь- ми в рамках НСП; – развитие системы мониторинга и оценки жертв и потенциальных жертв торговли людьми; – создание системы сбора информации о предупреждении торговли людьми и борьбе с ней с соблюдени- ем принципа защиты персональных данных; – развитие социального партнерства в области предупреждения и борьбы с торговлей людьми в рамках НСП; – информирование населения по проблемам предупреждения торговли людьми и борьбы с ней. 15. Принципами Стратегии являются: – соблюдение и восстановление основных прав человека; – соблюдение высших интересов ребенка-жертвы и потенциальной жертвы торговли людьми; – конфиденциальность информации и неприкос¬новенность частной жизни жертв и потенциальных жертв торговли людьми; – ответственность государства за обеспечение защиты жертв торговли людьми; – отсутствие дискриминации; – индивидуальный подход; – согласие жертвы торговли людьми на получение защиты и помощи; – беспрепятственный доступ к услугам по предоставлению защиты и помощи жертвам и потенциаль- ным жертвам торговли людьми; – социальное партнерство; – междисциплинарный и межсекторальный подход; – развитие транснационального сотрудничества.
IV. Пользователи Стратегии 16. Пользователями Стратегии являются: – дети и взрослые – жертвы торговли людьми; – дети и взрослые – потенциальные жертвы торговли людьми; – семьи жертв и потенциальных жертв торговли людьми, в том числе расширенные семьи; – специалисты в области предоставления защиты и помощи жертвам и потенциальным жертвам тор- говли людьми; – представители центральных отраслевых органов публичного управления и органов местного публич- ного управления; – представители гражданского общества.
V. Меры по внедрению Стратегии 17. Развитие системы предоставления защиты и помощи жертвам торговли людьми осуществляется на основе системного подхода путем: – укрепления институциональной основы в области предупреждения и борьбы с торговлей людьми на всех уровнях публичной власти; – создания НСП; – определения структуры, ответственной за общую координацию действий в рамках НСП; – развития системы мониторинга и оценки жертв и потенциальных жертв торговли людьми. 18. Приведение нормативно-правовой базы в области предупреждения и борьбы с торговлей людьми в соответствие с положениями международных договоров в данной области предусматривает:
244 дополнительные нормативные акты
– разработку положений, регулирующих порядок организации и обеспечения предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми, в том числе защиты жертв-свидетелей, и др.; – внесение изменений в Положение Министерства социальной защиты, семьи и ребенка о координации действий на всех уровнях НСП. Координация осуществляется на национальном/транснациональном уров- не – Национальным комитетом по борьбе с торговлей людьми; на местном уровне – территориальными комиссиями по борьбе с торговлей людьми; при этом общее руководство находится в ведении Министер- ства социальной защиты, семьи и ребенка, а операционный аспект реализуется многопрофильной группой, действующей на местном/национальном/транснациональном уровнях; – разработку положения о деятельности многопрофильной территориальной группы в рамках НСП; – разработку и заключение двусторонних соглашений между государствами об идентификации и репа- триации жертв и потенциальных жертв торговли людьми; – разработку минимальных стандартов качества услуг по предоставлению защиты и помощи жертвам и потенциальным жертвам торговли людьми; – разработку механизма аккредитования услуг по предоставлению защиты и помощи жертвам и потен- циальным жертвам торговли людьми. 19. Обеспечение доступа жертв и потенциальных жертв торговли людьми к качественным услугам осу- ществляется посредством: – обеспечения предоставления специальной защиты и помощи детям-жертвам и потенциальным жертвам торговли людьми исходя из высших интересов ребенка, направленных на интеграцию (реинтеграцию) ребенка в семью и общество, присутствие и согласие родителей или законных представителей ребенка, предоставление немедленной защиты с учетом мнения ребенка и степени зрелости его суждений; – развития системы государственного социального обеспечения для предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми, в том числе детям, в соответствии с политикой госу- дарства в отношении реформирования системы социальной защиты семьи и прав ребенка; – развития местной сети услуг по предоставлению защиты и помощи жертвам и потенциальным жерт- вам торговли людьми в партнерстве с донорами и гражданским обществом; – оснащения созданной системы услуг оборудованием и материалами. 20. Повышение профессиональной квалификации кадров, работающих в области предоставления защи- ты и помощи жертвам и потенциальным жертвам торговли людьми, осуществляется посредством: – разработки программ/модулей первоначальной и непрерывной профессиональной подготовки спе- циалистов в рамках НСП по предупреждению торговли людьми и предоставлению помощи жертвам и по- тенциальным жертвам торговли людьми; – разработки учебных материалов для внедрения модулей профессионального обучения; – внедрения программы профессиональной подготовки специалистов в области социальной защиты, за- нимающихся предупреждением торговли людьми и оказанием помощи жертвам и потенциальным жертвам торговли людьми; – создания системы аттестации кадров в области социальной защиты, занимающихся предупреждением торговли людьми и оказанием помощи жертвам и потенциальным жертвам торговли людьми. 21. Разработка механизма финансирования мер по предоставлению защиты и помощи жертвам и по- тенциальным жертвам торговли людьми, включая создание программы поддержки жертв торговли людьми. 22. Создание системы сбора информации о предуп¬реждении и борьбе с торговлей людьми, с соблюде- нием принципа защиты персональных данных, осуществляется путем разработки: – концепции информационной системы сбора данных; – положения об управлении информационной системой; – типового соглашения о порядке сбора, обработки и обмена информацией о случаях торговли людьми (между поставщиками информации и ее хранителем – Министерством социальной защиты, семьи и ребен- ка). 23. Развитие социального партнерства в области предупреждения и борьбы с торговлей людьми в рам- ках НСП осуществляется посредством: – заключения общего соглашения о сотрудничестве между участниками НСП, а также двусторонних со- глашений о сотрудничестве; – консолидации межведомственных структур для координации действий участников НСП на различ- ных уровнях: на центральном уровне – экспертных групп; на районном уровне – территориальных комис- сий по борьбе с торговлей людьми и многопрофильных координационных групп; – продвижения партнерства между государственными структурами и гражданским обществом в про- цессе разработки и внедрения политики в данной области.
245 Торговля людьми и равенство полов в Молдове
24. Информирование населения по вопросам предупреждения и борьбы с торговлей людьми осущест- вляется путем: – разработки стратегии коммуникации в рамках НСП; – разработки информационных материалов о торговле людьми; – поддержки деятельности, связанной с проблемой торговли людьми, в средствах массовой информа- ции; – проведения информационных кампаний в области предупреждения торговли людьми.
VI. Финансовые ресурсы 25. Развитие НСП требует постепенного увеличения финансовых ресурсов, а также разнообразия и гибкости финансовых механизмов. Финансирование мер по внедрению Стратегии будет осуществлять- ся в пределах средств, утвержденных на соответствующие годы в государственном бюджете, бюджетах административно-территориальных единиц, а также из других источников в соответствии с законодатель- ством.
VII. Ожидаемые результаты и показатели выполнения 26. Внедрение Стратегии будет способствовать обеспечению предоставления защиты и помощи жерт- вам и потенциальным жертвам торговли людьми, повышению эффективности деятельности всей системы предупреждения и борьбы с торговлей людьми, координации действий между структурами и организация- ми, вовлеченными в этот процесс. 27. Ожидаемые результаты: – создание развитой НСП; – ответственность Министерства социальной защиты, семьи и ребенка за координацию действий на всех уровнях НСП в операционном аспекте; – оптимизация мер по предупреждению торговли людьми; – гармонизация законодательства в области предупреждения и борьбы с торговлей людьми; – улучшение качества защиты и помощи, предоставляемых жертвам торговли людьми (длительность и разнообразие видов помощи, новые услуги на местном уровне и т.п.); – повышение эффективности действий по предоставлению защиты и помощи идентифицированным жертвам и потенциальным жертвам торговли людьми; – повышение эффективности процесса уголовного преследования правонарушителей за преступления в области торговли людьми; – разработка стандартизированных процедур предоставления защиты и помощи жертвам и потенци- альным жертвам торговли людьми (процедуры идентификации, репатриации, перенаправления, защиты и помощи); – разработка и реализация программы первоначальной и непрерывной профессиональной подготовки; – разработка и распространение информационных и дидактических материалов; – подготовка кадров в области предупреждения торговли людьми и предоставления помощи жертвам и потенциальным жертвам торговли людьми; – повышение степени осознания населением явления торговли людьми. 28. Показатели выполнения: – интегрирование НСП в систему защиты; – идентификация большего числа потенциальных жертв торговли людьми и оказание им помощи; – идентификация большего числа жертв торговли людьми; – увеличение количества разрешенных случаев; – рост числа обученных специалистов в области предупреждения и борьбы с торговлей людьми; – уменьшение количества жертв и потенциальных жертв торговли людьми; – увеличение числа жертв и потенциальных жертв торговли людьми, охваченных программами по пре- доставлению защиты и помощи; – завершение стандартизованных процедур по предоставлению защиты и помощи жертвам и потенци- альным жертвам торговли людьми; – увеличение количества уголовных дел, расследованных правоохранительными органами:
246 дополнительные нормативные акты
– увеличение количества жертв торговли людьми, права которых были восстановлены в судебных ин- станциях.
VIII. Этапы реализации 29. Реализация Стратегии предусмотрена на 2009–2016 годы. 30. Стратегия реализуется на основе Плана действий, приведенного в приложении 2. 31. Осуществление Плана действий по реализации Стратегии на 2009–2011 годы требует межсектораль- ного и многопрофильного подхода к предоставлению защиты и помощи жертвам и потенциальным жерт- вам торговли людьми. 32. Актуализируемый в конце каждого года План действий в качестве инструмента реализации настоящей Стратегии обеспечивает гибкую адаптацию к изменениям и текущим нуждам.
IX. Препятствия 33. В ходе реализации Стратегии могут иметь место следующие препятствия: – оказание сопротивления сотрудничеству представителей государственных структур и гражданского общества; – предвзятое мнение о жертвах торговли людьми; – низкий уровень знаний и способностей специалистов в области НСП; – высокая текучесть кадров и недостаток трудовых ресурсов в области предоставления защиты и помо- щи жертвам и потенциальным жертвам торговли людьми; – недостаточность ассигнований, направляемых для обеспечения предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми; – недостаточное развитие услуг в области предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми.
X. Мониторинг и оценка 34. Мониторинг и оценка системы предоставления защиты и помощи жертвам и потенциальным жерт- вам торговли людьми основываются на координации действий участников НСП на всех уровнях. 35. Мониторинг осуществляется постоянно путем составления ежеквартальных отчетов о мониторинге на стандартных формулярах. 36. Оценка реализации Стратегии осуществляется каждые шесть месяцев членами постоянной эксперт- ной группы. 37. Министерство социальной защиты семьи и ребенка: – на основе результатов оценки ежегодно подготавливает и представляет Правительству и Националь- ному комитету по борьбе с торговлей людьми общий отчет о ходе реализации Стратегии; – на основе результатов оценки и выявленных нужд разрабатывает в конце каждого года предложения по актуализации Плана действий по реализации Стратегии на 2009–2011 годы.
HPO257/2009 Внутренний номер: 330608
247 План действий по реализации Стратегии Национальной системы перенаправления для предоставления защиты и помощи жертвам и потенциаль-
248 ным жертвам торговли людьми на 2009-2011 годы № Ответственное учреж- Срок выпол- Затраты Источники фи- Ожидаемый Мероприятие Партнеры п/п дение нения (тыс.леев) нансирования результат 1 2 3 4 5 6 7 8 I. Законодательная и институциональная база: 1. Гармонизация национальной нормативной базы с положениями международных договоров в данной области 1.1. Разработка Положения об Министерство социаль- Органы местного пу- 2009 г. 2,5 Международная Утверждение Положения идентификации жертв и по- ной защиты, семьи и бличного управления, организация по об идентификации жертв и тенциальных жертв торговли ребенка, Министерство Международная органи- миграции потенциальных людьми местного публичного зация по миграции, Дет- 2009 г. управления, На цио- ский фонд Организации нальный со вет по за- Объединенных Наций, щите прав ребенка, Международный центр Торговля людьми и равенство полов в Молдове
Министерство ино- “La Strada”, странных дел и европей- Центр по предупрежде- ской интеграции, нию торговли женщина- Министерство внутрен- ми, Национальный центр них дел, Министерство по предупреждению здравоохранения, насилия над детьми, швей- царский фонд “Terre des Hommes”, Министерство финансов- 1.2. Разработка Положения о пре- В пределах Государственный Утверждение Положения о доставлении защиты и помо- бюджетных бюджет, Междуна- предоставлении за-щиты и щи жертвам и потенциальным ассигнова- родная организа- помощи жертвам и потен- жертвам торговли людьми ний ция по миграции и циальным жертвам торгов- другие источники ли людьми
1.3. Разработка Положения о за- Министерство просве- 2009 г. В пределах Государственный Утверждение Положения о щите жертв–свидетелей тор- щения и молодежи, Ми- бюджетных бюджет, Междуна- защите жертв–свидетелей говли людьми нистерство экономики ассигнова- родная организа- торговли людьми и торговли ний ция по миграции и другие источники 1.4. Разработка Положения об 2010–2011 гг. В пределах Государственный Утверждение Положения аккредитации служб по предо- бюджетных бюджет, Междуна- об аккредитации служб по ставлению защиты и помощи ассигнова- родная организа- предоставлению защиты и жертвам и потенциальным ний ция по миграции и помощи жертвам и потен- жертвам торговли людьми другие источники циальным жертвам торгов- ли людьми 1.5. Разработка/пересмотр по- 2009–2010 гг. В пределах Государственный Утверждение положений о ложений о координации дей- бюджетных бюджет, другие деятельности подразделе- ствий на всех уровнях НСП, ассигнова- источники ния по координации НСП и включая операционный ний многопрофильной террито- риальной группы 1.6. Разработка/пересмотр дву- 2009–2011 гг. В пределах Государственный Заключение соглашений сторонних соглашений между бюджетных бюджет, другие государствами об идентифи- ассигнова- источники кации и репатриации жертв и ний потенциальных жертв торгов- ли людьми 1.7. Разработка минимальных Министерство соци- 2009–2010 гг. В пределах Государственный Утверждение минимальных стандартов качества услуг по альной защиты, семьи и бюджетных бюджет, другие стандартов качества услуг предоставлению защиты и по- ребенка, ассигнова- источники по предоставлению защиты мощи жертвам и потенциаль- Министерство местного ний и помощи жертвам и потен- ным жертвам торговли людьми публичного управления, циальным жертвам торгов- Национальный совет по ли людьми защите прав ребенка, Министерство внутрен- них дел, Министерство здраво- охранения, Министерство просве- щения и молодежи, Министерство эконо- мики и торговли 2. Развитие системы предоставления защиты и помощи жертвам торговли людьми на основе системного подхода 2.1. Создание и консолидация Министерство социаль- Органы местного пу- 2009–2011 гг. 179,0 Государственный Созданная и консолидиро- НСП ной защиты, семьи и бличного управления, бюджет, другие ванная НСП ребенка, Международная органи- источники Консолидация и оснащение Министерство местного зация по миграции, 168,0 Международная подразделения по коорди- публичного управления, Детский фонд Организа- организация по нации НСП Национальный совет по ции Объединенных Наций, миграции Консолидация многопро- защите прав ребенка, Международный центр 370,5 фильной группы (оборудо- Министерство внутрен- “La Strada”, вание, обучение, средства них дел, Министерство Центр по предупрежде- коммуникации, рабочие здравоохранения, нию торговли женщинами, 103,7 материалы) Министерство просве- Национальный центр по щения и молодежи, предупреждению насилия 103,7 Министерство экономи- над детьми, швейцарский ки и торговли фонд “Terre des Hommes”
249 дополнительные нормативные акты 2.2. Развитие системы монито- 2009–2010 гг. В пределах Государственный Развитая система монито-
250 ринга и оценки жертв и по- бюджетных бюджет, другие ринга и оценки, разработка тенциальных жертв торговли ассигнова- источники стандартных бланков/кар- людьми ний точек для отчетов о монито- ринге и оценке II. Услуги по предоставлению защиты и помощи жертвам и потенциальным жертвам торговли людьми 3. Обеспечение доступа жертв и потенциальных жертв торговли людьми к качественным услугам 3.1. Развитие услуг по предостав- Министерство социаль- органы местного пу- 2009–2011 гг. В пределах Государственный Предоставление услуг лению защиты и помощи де- ной защиты, семьи и бличного управления, бюджетных бюджет, другие тям и взрослым ребенка, Международная органи- ассигнова- источники зация по миграции, Дет- ний ский фонд Организации Объединенных Наций, 3.1.1. Репатриация, реабилитация Министерство местного Международный центр 2009–2011 гг. 9386,0 Международная Торговля людьми и равенство полов в Молдове
(300 человек), публичного управления, “La Strada”, Национальный организация по реинтеграция (500 человек)- Национальный совет по центр по предупрежде- 1400,0 миграции защите прав ребенка, нию насилия над детьми, Министерство ино- швейцарский фонд “Terre 1400,0 странных дел и европей- des Hommes”, Центр по ской интеграции, предупрежде- нию тор- Министерство внутрен- говли женщинами 400,0 них дел, Министерство здравоох- ранения, Министерство экономики и торговли, Министерство просве- щения и молодежи 3.2. Совместное финансирование Министерство социаль- Международная органи- 2009–2011 гг. 512,5 Государственный Функционирование Центра Центра поддержки и защиты ной защиты, семьи и зация по миграции 608,6* бюджет, другие жертв и потенциальных жертв ребенка 769,0* источники торговли людьми 769,0* III. Кадры 4. Повышение профессиональной подготовки кадров в области предоставления защиты и помощи жертвам и потенциальным жертвам торговли людьми 4.1. Разработка программы/моду- Министерство социаль- Органы местного пу- 2009 г. В пределах Государственный Разработанные программа/ лей для первоначальной и не- ной защиты, семьи и бличного управления, бюджетных бюджет, другие модули прерывной профессиональной ребенка, Международная органи- ассигнований источники подготовки специалистов в Министерство местного зация по миграции, рамках НСП по предупрежде- публичного управления, Детский фонд Органи- нию торговли людьми и помо- Национальный совет по зации Объединенных щи жертвам и потенциальным защите прав ребенка, Наций, Международный жертвам торговли людьми Министерство внутрен- центр “La Strada”, них дел, Центр по предупрежде- Министерство просве- нию торговли женщина- щения и молодежи ми, швейцарский фонд “Terre desHommes”, Национальный центр по предупреждению насилия над детьми 4.2. Разработка учебных материа- 2009–2011 гг. В пределах Государственный Разработанные учебные лов для внедрения модулей бюджетных бюджет, другие материалы профессионального обучения- ассигнова- источники ний 4.3 Реализация программы про- 2009–2011 гг. 714,0 Международная Подготовка программы и фессиональной подготовки организация по включение ее в план про- специалистов в области соци- миграции фессиональной подготовки; альной защиты по вопросам принятие программы; под- предупреждения торговли готовка преподавателей людьми и помощи жертвам и потенциальным жертвам тор- говли людьми IV. Единая информационная система 5. Создание единой системы сбора данных о предотвращении и борьбе с торговлей людьми 5.1. Разработка Концепции ин- Министерство социаль- Органы местного пу- 2009 г. В пределах Государственный Разработанная Концепция формационной системы сбора ной защиты, семьи и бличного управления, 2009–2010 гг. бюджетных бюджет, другие данных ребенка, Мини стерство Международная органи- 2009–2011 гг. ассигнова- источники местного публичного зация по миграции, ний Международная управления, Детский фонд Организа- организация по Национальный совет по ции Объединенных На- миграции защите прав ребенка, ций, Между- народный Министерство внутрен- центр “La Strada”, них дел, Центр по преду прежде- Министерство здраво- нию торговли женщина- охранения, Министер- ми, швейцарский фонд ство просвещения и “Terre des Hommes”, молодежи Национальный центр по предупреждению наси- лия над детьми 5.2. Разработка Положения об 56,0 Разработанное Положение управлении информа ционной системой
251 дополнительные нормативные акты 5.3. Разработка Типового соглаше- Разработка Типового со-
252 ния о порядке сбора, обработ- глашения о порядке сбора, ки и обмена информацией о обработки и об мена инфор- случаях торговли людьми мацией о случаях торговли людьми- V. Коммуникация и информирование 6. Информирование населения по проблеме предупреждения и борьбы с торговлей людьми 6.1. Разработка Стратегии комму- Министерство социаль- Органы местного пу- 2009 г. Внебюджетные Разработанная Стратегия никации в рамках НСП ной защиты, семьи и бличного управления, источники ребенка, Министерство местного публичного управления, Националь- ный совет по защите прав ребенка, Министерство внутрен- Торговля людьми и равенство полов в Молдове
них дел, Министерство здравоохранения, Ми- нистерство просвеще- ния и молодежи 6.2. Разработка информационных Международная органи- 2009–2011 гг. Внебюджетные Разработанные и распро- материалов о торговле людьми зация по миграции, источники страненные материалы 6.3. Поддержка в средствах массо- Детский фонд Органи- 2009–2011 гг. Внебюджетные Реализованные мероприя- вой информации зации источники тия деятельности, связанной с Объединенных Наций, проблемой торговли Между- людьми народный центр 6.4. Проведение информационных “La Strada”, 2009–2011 гг. Внебюджетные Проведенные кампании кампаний в области Центр по преду- источники предупреждения торговли преждению торговли людьми женщина- ми, швейцарский фонд “Terre des Hommes”, Национальный центр по предупреждению наси- лия над детьми VI. Финансирование 7. Продвижение механизма финансирования и совместного финансирования мер по предоставлению защиты и помощи жертвам и потенциальным жертвам торговли людьми из государственного бюджета, бюджетов административно-территориальных единиц и других источников 7.1. Разработка механизма финан- Министерство соци- Органы местного пу- 2009–2011 гг. В пределах Государственный Разработанный и внедрен- сирования услуг по предо- альной защиты, семьи бличного управления, бюджетных бюджет, другие ный механизм ставлению защиты и помощи и ребенка, Министер- Международная органи- ассигнова- источники жертвам и потенциальным ство финансов, Ми- зация по миграции, Дет- ний жертвам торговли людьми нистерство местного ский фонд Орга низации публичного управления, Объединенных Наций, Национальный совет по Международный центр защите прав ребенка, “La Strada”, Министерство внутрен- Центр по предупре- них дел, ждению торговли жен- щинами, швейцарский фонд “Terre des Hommes”, Национальный центр по предупреждению насилия над детьми 1 2 3 4 5 6 7 8
Министерство здраво- охранения, Министерство просве- щения и молодежи
* Включено в Среднесрочный прогноз затрат (2009–2011 годы).
253 дополнительные нормативные акты Торговля людьми и равенство полов в Молдове
24. ПОСТАНОВЛЕНИЕ Nr. 1344 от 01.12.2008 об утверждении Национального Плана действий по предупреждению и борьбе с насилием над детьми на период 2009-2011 гг.* В связи с приведением национальной нормативной базы в соответствие с положениями пересмотрен- ной Европейской социальной хартии, частично ратифицированной Законом № 484-XV от 28 сентября 2001 г. (Официальный монитор Республики Молдова, 2001 г., № 130, ст. 959), с последующими изменениями, а также для реализации политики в области защиты прав детей
Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить Национальный план действий по предупреждению и борьбе с насилием против детей на период 2009-2011 гг. (прилагается). 2. Министерству социальной защиты, семьи и ребенка, Министерству просвещения и молодежи, Ми- нистерству здравоохранения, другим министерствам при разработке стратегических планов расходов на среднесрочный период учитывать положения Национального плана действий по предупреждению и борьбе с насилием над детьми на 2009-2011 гг. 3. Возложить на Министерство социальной защиты, семьи и ребенка и Министерство просвещения и молодежи мониторинг и координирование действий по реализации мер, предусмотренных указанным пла- ном. 4. Министерствам, другим центральным административным органам и органам местного публичного управления обеспечить в пределах предоставленных компетенций выполнение настоящего постановления и мер, предусмотренных указанным планом, и ежегодное представление отчетов Министерству социальной защиты, семьи и ребенка, которое будет обобщать информацию, с представлением Правительству до 31 марта полного отчета о ходе реализации постановления.
ПРЕМЬЕР-МИНИСТР Зинаида ГРЕЧАНЫЙ Контрассигнуют: зам. премьер-министра Виктор СТЕПАНЮК министр социальной защиты, семьи и ребенка Галина БАЛМОШ министр здравоохранения Лариса КАТРИНИЧ министр внутренних дел Георге ПАПУК министр финансов Мариана ДУРЛЕШТЯНУ министр просвещения и молодежи Лариса ШАВГА
№ 1344. Кишинэу, 1 декабря 2008 г.
* Опубликован : 09.12.2008 в Monitorul Oficial Nr. 218-220 статья № : 1362
254 Утвержден Постановлением Правительства№ 1344 от 1 декабря 2008 г. НАЦИОНАЛЬНЫЙ ПЛАН действий по предупреждению и борьбе с насилием над детьми на период 2009-2011 гг.
Предварительная стоимость (тыс. леев) Показатели мо- Срок в том числе по источникам финанси- Наименование № ниторинга/ Ответственные структуры Партнеры выпол- рования мероприятий Примечания п/п оценки нения всего другие государственный бюд- источники жет (основной компо- (пожертвова- нент) ния, гранты) 1 2 3 4 5 6 7 8 9 10 I. РАЗВИТИЕ ЗАКОНОДАТЕЛЬНОЙ БАЗЫ Стратегическая задача: Совершенствование национального законодательства по предупреждению и борьбе с насилием над детьми Задача 1. Приведение национального законодательства в соответствие с международными и региональными стандартами в области предупреждению и борьбы с на силием над детьми 1. Приведение дей Утвержденные измене- Министерство со- Министерство про- 2009-2010 X В пределах ассиг- ствующего зако ния и дополнения циальной зашиты, свещения и молоде- нований, утверж- нодательства в соот- семьи и ребенка жи, Министерство денных в бюдже- ветствие с Законом внутренних дел, тах центральных и о предупреждении и Министерство эконо- местных пресечении насилия мики и торговли, Ми- органов публично- в семье нистерство юстиции, го управления органы местного публичного управления, Мини- стерство местного публичного управ- ления 2. Внесение изменений Измененные Уголов- Министерство Генеральная проку- 2009-2010 X В пределах ассиг- и дополнений в Ко- ный кодекс и Кодексо- юстиции, ратура, нований, утверж- декс об администра- бадминистративных Министерство органы местного пу- денных я бюдже- тивных правонару правонарушениях; внутренних дел, бличного управления тах центральных и шениях и Уголовный установление эффек- Министерство местных кодекс в части норм тивных и пропорцио- просвещения и мо- органов публично- о борьбе с телесными нальных санкций для лодежи, Министер- го управления наказаниями в семье всех форм насилия по ство социальной и в учреждениях отношению к ребенку защиты, семьи и ребенка
255 дополнительные нормативные акты 3. Пересмотр зако Утвержденные законы Министерство Генеральная проку 2009-2010 X В пределах ассиг-
256 нодательной базы о внесении изменений социальной за ратура, нований, утверж- относительно: и дополнений в за щиты, семьи и Министерство про денных в бюдже- Лишения родителей конодательство ребенка, Мини свещения и моло тах центральных и родительских прав стерство мест дежи, местных за злоупотребления ного публичного органы местного пу- органов публично- и насилие по отно управления, Мини- бличного управления, го управления шению к ребенку; стерство юстиции, изъятия детей из Министерство семей с высоким внутренних дел уровнем бытового насилия без лишения родителей роди тельских прав 4. Дополнение законо- Утвержденные зако- Министерство Министерство про 2009-2010 X В пределах ассиг- Торговля людьми и равенство полов в Молдове
дательства мерами за- ны о внутренних дел свещения и моло нований, утверж- щиты специалистов и внесении изменений и дежи, денных в бюдже- лиц, которые сообща дополнений в законно- Министерство со тах центральных и ют о случаях насилия дательство циальной защиты, местных в отношении ребенка семьи и ребенка, органов публично- Министерство юс го управления тиции, Генеральная прокуратура, органы местного публичного управления 5. Пересмотр зако Утвержденные законы Государственное Национальный со 2009-2010 X В пределах ассиг- нодательной базы о внесении измене- агентство по защи- вет по телерадио нований, утверж- относительно обще- ний и дополнений в те общественной вещанию, денных в бюдже- ственной морали в законодательство; морали Министерство куль тах центральных и целях ограничения разработанный эффек- туры и туризма Ми- местных распространения по тивный механизм по нистерство юстиции органов публично- тока информации, внедрению Закона о го управления пропагандирующей телевидении и радио насилие, в печати, на радио и телевидении, в Интернете и т.д. 6. Дополнение за Утвержденные измене Министерство Министерство вну- 2009-2010 X В пределах ассиг- конодательства поло- ния/дополнения юстиции тренних дел. Гене- нований, утверж- жениями, касающи- законо-дательства ральная прокуратура денных в бюдже- мися предоставления тах центральных и обязательной бес местных платной юридической органов публично- помощи детям го управления Задача 2: Разработка и продвижение нормативной базы по регламентированию предупреждения и вмешательства в случаях насилия над детьми 7. Разработка стан Разработанные Министерство со- Генеральная проку 2009-2010 X В пределах ассиг- дартных законода стандартные циальной защиты, ратура, Министер нований, утверж- тельных процедур процедуры семьи и ребенка, ство внутренних дел, денных в бюдже- по идентифика Министерство органы местного пу- тах центральных и ции, оценке, пере просвещения и бличного управления местных направлению, со молодежи, Ми органов публично- циальной поддержке нистерство го управления и здравоохранения реинтегрированию в случаях насилия над детьми 8. Разработка Типо Разработанное поло- Министерство со- Министерство фи 2010 10,0 X 10,0 Средства, посту- вого положения о жение циальной защиты, нансов, Министер пающие в виде функционировании семьи и ребенка, ство внутренних пожертвований и службы помощи для Министерство дел. Министерство грантов и из дру- детей-жертв насилия просвещения и юстиции, Генеральная гих источников в семье молодежи, Ми прокуратура, органы согласно законно- нистерство ме местного публичного дательству, а также стного публичного управления ассигнования, управления утвержденные в бюджетах цен- тральных и мест- ных публичных органов 9. Разработка Мини Разработанные стан- Министерство со- Министерство фи 2011 20,0 X 20,0 Средства, посту- мальных стандартов дарты циальной защиты, нансов, Генеральная пающие в виде качества для служб семьи и ребенка, прокуратура, органы пожертвований и помощи детям- Министерство местного публичного грантов и из дру- жертвам насилия в просвещения и управления гих источников семье молодежи, Ми согласно законно- нистерство дательству, а также внутренних дел, ассигнования, Министерство утвержденные в местного публич- бюджетах цен- ного управления тральных и мест- ных публичных органов
257 дополнительные нормативные акты 10. Разработка Разработанная Министерство со- Министерство фи 2009-2010 X 1 В пределах ассиг-
258 нормативной базы, нормативная циальной защиты, нансов нований, утверж- относящейся к база семьи и ребёнка, денные в бюдже- регламентированию Министерство тах центральных и деятельности соци- просвещения и местных ального ассистента в молодежи, Ми органов публично- учреждениях нистерство го управления доуниверситетско- здравоохранения го образования, медицинских и дру- гих учреждениях, обладающих компе тенциями в области защиты детей II. ИНСТИТУЦИОНАЛЬНАЯ БАЗА Торговля людьми и равенство полов в Молдове
Стратегическая задача: Развитие институциональной базы по предупреждению и борьбе с насилием над детьми Задача 1. Консолидирование институциональных структур по предупреждению и борьбе с насилием над детьми 11. Организация и обо- Организованные и Высший совет ма- Министерство фи 2009-2011 X X X Затраты для реали- рудование оборудованные залы гистратуры, Мини- нансов зации данного ме- помещений судов стерство юстиции роприятия будут специальными зала- осуществляться в ми для заслушивания пределах утверж- детей денных бюджетов соответству-ющих учреждений Задача 2. Развитие способностей персонала системы защиты ребенка в области предупреждения и борьбы с насилием над детьми 12. Разработка моду Разработанные про- Министерство Министерство эко 2009 50,0 X 50,0 Средства, посту- лей по непрерывной граммы непрерывной просвещения и мо- номики и торговли, пающие в виде профессиональной профессиональной лодежи, Министер- университеты, уч пожертвований и подготовке кадров подготовки для пси- ство социальной реждения по повы грантов и из дру- в области преду хологов, учителей, защиты, семьи и шению квалифика гих источников преждения насилия социальных ассистен- ребенка, Мини ции и Переподго согласно законода- над детьми для пси- тов, врачей, стерство здраво- товке кадров тельству, а также хологов, учителей, работников полиции, охранения, Мини- ассигнования, социальных юристов стерство внутрен- утвержденные в ассистентов, врачей, них дел, бюджетах цен- работников полиции, Министерство тральных и мест- юристов юстиции ных публичных органов 13. Внедрение моду Количество обученных Министерство Министерство эко ежегодно Стоимость бу- лей по непрерывной специалистов просвещения и мо- номики и торговли, дет оцениваться профессиональной лодежи, Министер- университеты, уче- каждым мини- подготовке кадров ство социальной реждения по повы стерством после в области преду защиты, семьи и шению квалифика разработке моду- преждения насилия ребенка, Мини ции и переподготовке лей и установле- над детьми для пси- стерство здраво- кадров ния количества хологов, социальных охранения, Мини- лиц, которые ассистентов, работни- стерство внутрен- будут охвачены ков полиции, врачей, них дел, соответству-ющей юристов, учителей Министерство Программой юстиции 14. Разработка прак Разработанные прак- Министерство со- Министерство эко 2009 70,0 X 70,0 Средства, посту- тических руководств тические руководства циальной защиты, номики и торговли, пающие в виде по предупреждению, для психологов, учи семьи и ребенка, университеты, уч пожертвований и установлению и вме телей, социальных Министерство реждения по повы грантов и из дру- шательству в случаях ассистентов, врачей, просвещения и шению квалифика гих источников насилия над детьми специалистов в обла- молодежи, Ми ции и переподготовке согласно законно- для психологов, сти права(работников нистерство кадров дательству, а также учителей, социаль- полиции, судей, проку- здравоохранения, ассигнования, ных ассистентов, роров, адвокатов) Министерство утвержденные в врачей, специалистов внутренних дел, бюджетах цен- в области права (ра- Министерство тральных и мест- ботников полиции, юстиции, Гене ных публичных судей, прокуроров, ральная проку органов адвокатов) ратура 15. Издание Изданные Министерство со- Министерство эко 2009 94,0 94,0 Средства, посту- практических практические руково циальной защиты, номики и торговли, 50,0 50,0 пающие в виде руководств для дства для психологов, семьи и ребенка, университеты, Ге 70,0 70,0 пожертвований и психологов, учителей, учителей, социальных Министерство неральная прокура 85,0 85,0 грантов и из дру- социальных ассистентов, врачей, просвещения и тура, учреждения гих источников ассистентов, врачей, специалистов в обла- молодежи, Ми по повышению ква согласно законно- специалистов в об- сти права (работников нистерство лификации и пере дательству, а также ласти права (работ- полиции, судей, проку- здравоохранения подготовке кадров ассигнования, ников роров, адвокатов) Министерство утвержденные в полиции, судей, Про- внутренних дел, бюджетах цен- куроров, Министерство тральных и мест- адвокатов) юстиции, ных публичных органов
259 дополнительные нормативные акты 16. Разработка Разработанные Ин- Министерство со- Университеты 2009 365,0 X 365,0 Средства, посту-
260 информационных / формационные/ учеб- циальной зашиты, пающие в виде учебных пособий по ные пособия семьи и ребенка, пожертвований и предупреждению и Министерство грантов и из дру- борьбе с насилием просвещения и гих источников над детьми молодежи, Ми согласно законно- нистерство вну- дательству, а также тренних дел ассигнования, утвержденные в бюджетах цен- тральных и мест- ных публичных органов 17. Организация Подготовительные Министерство со- Министерство про- 2009-2011 X X В пределах ассиг- курсов по началь- курсы; циальной свещения и молоде- нований, утверж- Торговля людьми и равенство полов в Молдове
ной и непрерывной стажировки защиты, семьи и жи, Министерство денных в бюдже- профессиональной ребенка, местного тах центральных и подготовке специали- Министерство публичного управле- местных стов, обладающих внутренних дел ния органы местного органов публично- компетенциями в публичного управ- го управления области зашиты прав ления детей III. ПРЕДУПРЕЖДЕНИЕ НАСИЛИЯ НАД ДЕТЬМИ Стратегическая задача: Развитие способностей по предупреждению насилия над детьми Задача 1: Расширение знаний родителей относительно ухода за детьми и их воспитания без применения насилия и сообщение о случаях насилия 18. Разработка / Разработанные / из- Министерство Министерство со- 2009 X X X В пределах ассиг- издание / распростра- данные/ просвещения и циальной защиты, нований, утверж- нение в учебных заве- распространенные молодежи семьи и ребенка, уни- денных в бюдже- дениях Методических методические рекомен- верситеты тах центральных и рекомендаций по дации местных сотрудничеству органов публично- учебных заведений с го управления родителями 19. 19. Проведение воспита- Разработанные Министерство Мини- 2010 15,0 X 15,0 тельных мероприятий программы лекций здравоохранения стерство в кабинетах здорового для беременных со ребёнка при Центрах циальной семейных врачей и в защиты, воспитательных каби- семьи и нетах ребенка, родильных домов Мини- стерство про свещения и моло дежи, ме- дицинские и научно- исследова тельские учрежде ния 20. Разработка мини- Разработанный мини- Министерство 2009 X X X В пределах ассиг- курса/модуля “Эф- курс/ просвещения и мо- нований, утверж- фективное общение”, модуль лодежи, Институт денных в бюдже- “Педагогическая кон- науки и образова- тах центральных и сультация учеников и ния, местных родителей” Педагогические органов публично- университеты, го управления Министерство со- циальной защиты, семьи и ребенка, Министерство здравоохранения Задача 2: Развитие способностей по взаимному общению без насилия между детьми 21. Разработка и программы по преду- Министерство 2009-2010 X В пределах ассиг- внедрение образова преждению для детей; просвещения и нований, утверж- тельных программ . информированные молодёжи, Ми денных в бюдже- для детей относитель- дети о процедурах по- нистерство вну- тах центральных и но предупреждения дачи жалоб о насилии/ тренних Дел, местных насилия по злоупотребле-ниях, Министерство со- органов публично- отношению к ним допущенных в их циальной защиты, го управления отношении семьи и ребенка
261 дополнительные нормативные акты 22. Развитие Разработанные и вне- Министерство Министерство со Постоян- X В пределах ассиг-
262 способностей нацио дренные образователь- просвещения и циальной защиты, се- но нований, утверж- нальной сети вос ные программы молодёжи мьи и ребенка, Мини- денных в бюдже- питателей от стерство внутренних тах центральных и равного к равному в дел, органы местного местных области публичного управ органов публично- предупреждения ления, университе го управлениия насилия над детьми ты, учреждения по повышению квали фикации и пере подготовки кадров 23. Разработка Разработанные и Министерство со- Министерство вну- 2009 1140,0 X 1140,0 Средства, посту- информационных/ распространен-ные циальной тренних дел, органы пающие в виде дидактических информационные/ защиты, семьи и местного публичного пожертвований и материалов для дидактические мате- ребенка, Мини- управления грантов и из дру- Торговля людьми и равенство полов в Молдове
детей в области риалы стерство просве- гих источников предупреждения на- щения и молодежи согласно законно- силия по отношению дательству, а также к ним ассигнования, утвержденные в бюджетах цен- тральных и мест- ных публичных органов 24. Улучшение Снабжение учебных Министерство Министерство ме 2009 2010 1100,0 1100,0 X В пределах ассиг- материально- заведений музыкаль- культуры и стного публичного 2011 1100,0 1100,0 нований, утверж- технической базы для ными инструментами туризма, управления, органы 1100,0 1100,0 денных в бюдже- поддержки Министерство фи- местного тах центральных и проведения в рамках нансов публичного управ- местных учебных заведений ления органов публично- внешкольных худо- го управления жественных меро- приятий IV. СОЦИАЛЬНАЯ ПОМОЩЬ И ЗАЩИТА ЖЕРТВ И СВИДЕТЕЛЕЙ НАСИЛИЯ НАД ДЕТЬМИ Стратегическая задача: Обеспечение помощи и защита детей - жертв насилия Задача 1. Разработка механизмов по установлению, сообщению и вмешательству в случаях насилия над детьми 25. Разработка Разработанные и Министерство со- Министерство про 2009 5,0 X 5,0 Средства, посту- критериев установле утвержденные циальной свещения и моло пающие в виде ния случаев критерии защиты, семьи и дежи. Министерство пожертвований и злоупотребления, ребенка внутренних дел, орга- грантов и из дру- эксплуатации ны местного публич- гих источников детского труда и на ного управления согласно законно- силия над детьми дательству, а также ассиг- нования, ут вержденные в бюджетах цен- тральных и мест- ных публичных органов 26. Разработка Разработанные и Министерство со- Органы местного пу- 2009 20,0 X 20,0 Средства, посту- механизмов для при утвержденные меха- циальной защиты, бличного управления пающие в виде менения стандартных низмы (карточки уче- семьи и ребенка, пожертвований и процедур по установ- та, информационные Министерство грантов и из дру- лению, перенаправ- записки и т.д.) здравоохранения, гих источников лению, социальной Министерство согласно законно- помощи и просвещения и дательству, а также реинтеграции в слу- молодежи, Ми ассигнования, чаях насилия над нистерство вну- утвержденные в детьми тренних дел бюджетах цен- тральных и мест- ных Публичных органов 27. Создание и Созданная телефонная Министерство Министерство со 2009 X X X В пределах ассиг- обеспечение служба; внутренних циальной защиты, нований, утверж- функционирования количество дел, семьи и ребенка, денных в бюдже- телефонной службы сообщенных случаев о Министерство эко- Министерство ме тах центральных и срочного злоупотреблениях, номики и торгов- стного публичного местных реагирования с еди- эксплуатации детского ли, органы мест- управления органов публично- ным номером (нацио труда и насилия ного публичного го управления нальный и местный управления уровень)
263 дополнительные нормативные акты Задача 2. Развитие услуг социальной помощи и реинтеграции в случаях насилия над детьми
264 28. Создание Созданные Министерство со- Органы местного 2009 1626,3 1626,3 X В пределах ассиг- совместно с органами специализиро-ванные циальной публичного управ 2010 2269,2 2269,2 нований, утверж- местного публич социальные услуги для защиты, семьи и ления, Министер 2011 2513 2513 денных в бюдже- ного управления детей - жертв насилия ребенка, Мини ство внутренних тах центральных и второго уровня (Бельцы, стерство местного дел, Министерство местных специализированных Хынчешть) публичного управ- просвещения и мо органов публично- социальных услуг для ления лодежи, Генеральная го управления детей-жертв насилия прокуратура 29. Оказание Предоставлен-ная Министерство со- Министерство Постоян- X X X В пределах ассиг- методической под- методическая циальной защиты, просвещения и мо но нований, утверж- держки органам поддержка семьи и ребенка. лодежи, Министер денных в бюдже- местного публичного Министерство ство внутренних тах центральных и управления в здравоохранения дел, Министерство местных развитии специали финансов, Министер- органов публично- Торговля людьми и равенство полов в Молдове
зированных соци ство юстиции, Гене- го управления альных услуг для де- ральная прокуратура, тей - жертв насилия органы местного пу- бличного управления V. ИФОРМИРОВАНИЕ ОБЩЕСТВЕННОСТИ Стратегическая задача: Повышение уровня информированности общества в отношении проблемы насилия над детьми Задача 1. Повышение уровня осознания населением масштабов насилия против детей 30. Разработка Разработанный кон- Министерство со- Министерство вну- 2009 524,0 X 524,0 Средства, посту- концепта и трансли цепт, транслируемые циальной тренних дел, Гене- пающие в виде рование телевизи Передачи защиты, семьи и ральная прокуратура пожертвований и онной передачи для ребёнка, Мини- грантов и из дру- родителей стерство просве- гих источников щения и молодежи, согласно законо- Министерство дательству, а также здравоохранения ассигнования, утвержденные в бюджетах цен- тральных и мест- ных публичных органов 31. Размещение и Созданные рубрики на Министерство Министерство юс Постоян- X В пределах ассиг- постоянная актуали веб-страницах мини просвещения и мо- тиции, но нований, утверж- зация официальных стерств лодежи, Министер- Генеральная проку денных в бюдже- веб-страниц ком- ство социальной ратура тах центральных петентных мини- защиты, семьи и и местных ор стерств, ребенка, Мини ганов публичного содержащих стерство внут управления информацию о ренних дел предпринятых мерах по предупреждению и борьбе с насилием над детьми Задача 2. Изменение отношения общества к проблеме насилия над детьми 32. Проведение Разработанная концеп- Министерство со- Национальная кон 2009 720,0 X 720,0 1080,0 Средства, посту- информационной ция кампании; циальной федерация проф 2010 1080,0 пающие в виде кампании создание защиты, семьи и союзов, Националь пожертвований и относительно социальных ребенка, Мини- ная общественная грантов и из дру- недопущения экс- партнёрств; стерство эконо- телерадиооргани- гих источников плуатации детского организованная кам- мики и торговли, зация Компания согласно законно- труда пания Министерство «Teleradio-Moldovа» дательству, а также просвещения и ассигнования, молодежи утвержденные в бюджетах цен- тральных и мест- ных публичных органов 33. Проведение ин Разработанная концеп- Министерство Министерство со 2009 720,0 X 720,0 1080,0 Средства, посту- формационной кам- ция кампании; просвещения и циальной защиты, се- 2010 1080,0 пающие в виде пании относительно создание молодежи мьи и ребенка, Мини- пожертвований и предупреждения и социальных пар- стерство внутренних грантов и из дру- борьбы с насилием тнерств; дел, Министерство гих источников над детьми в школах проведенная кампания культ уры и туризма, согласно законно- органы местного пу- дательству, а также бличного управления, ассигнования, Национальная обще- утвержденные в ственная телерадио- бюджетах цен- организация Ком- тральных и мест- пания «Teleradio- ных публичных Moldovа» органов
265 дополнительные нормативные акты 34. Проведение ин Разработанная концеп- Государственное Координацион-ный 2010 144,0 X 144,0 216,0 Средства, посту-
266 формационной кам- ция кампании; агентство по защи- совет по телевидению 2011 216,0 пающие в виде пании по создание те общественной и радио, пожертвований и сокращению инфор социальных морали Министерство куль- грантов и из дру- мации, пропаган партнерств; проведен- туры и туризма гих источников дирующей насилие, ная кампания согласно законно- посредством средств дательству, а также массовой информа- ассигнования, ут ции и Интернета вержденные в бюд- жетах центральных и местных публич- ных органов VI. АНАЛИЗ И МОНИТОРИНГ Стратегическая задача. Сбор и систематизация релевантных данных относительно случаев насилия над детьми Задача 1. Включение задачи по предупреждению и борьбе с насилием над детьми в систему образования Торговля людьми и равенство полов в Молдове
35. Мониторинг Разработанный и Министерство Министерство вну- 2009 50,0 X 50,0 Средства, посту- реализации стратеги опубликован-ный от- просвещения и тренних дел, органы пающие в виде ческих задач учебной чет; молодёжи местного публичного пожертвований и программы с точки сформулированные управления грантов и из дру- зрения пресечения рекомендации по гих источников насилия в школе вмешательству согласно законно- дательству, а также ассигнования, утвержденные а бюджетах цен- тральных и мест- ных публичных органов Задача 2. Документирование установленных случаев насилия над детьми и осуществленного вмешательства 36. Разработка Разработанный и ис- Министерство со- Генеральная проку 2010 20,0 X X 20,0 Средства, посту- стандартных пакетов пытанный стандарт- циальной ратура пающие в виде по документиро ный зашиты, семьи и пожертвований и ванию случаев наси- пакет; ребёнка, грантов и из дру- лия над детьми разработанная и Министерство гих источников применённая ста внутренних дел, согласно законода- тистическая стан- Министерство тельству, а также дартная карточка для просвещения и ассигнования, отчёта молодёжи. Мини утвержденные в стерство здраво- бюджетах цен- охранения, тральных и мест- ных публичных органов 37. Разработка еже Ежегодно издаваемые Министерство со- Генеральная про 2010-2011 X В пределах ассиг- годных отчетов по отчеты циальной куратура, местные нований, утверж- мониторингу случаев защиты, семьи и органы публичного денных в бюдже- насилия над детьми ребёнка, Мини- управления тах центральных и стерство просве- местных щения и молодёжи, органов публично- Министерство го управления внутренних дел, Министерство здравоохранения, Министерство местного публичного управ ления, Мини стерство эконо мики и торговли, Министерство культуры и ту- ризма ( тыс.леев)
Всего 2009 12726,3 3963,0 2010 13369,2 2349,0 2011 13613,0 236,0
267 дополнительные нормативные акты Торговля людьми и равенство полов в Молдове
25. ПОСТАНОВЛЕНИЕ Nr. 1512 от 31.12.2008 об утверждении Национальной программы создания комплексной системы социальных услуг на 2008-2012 годы* В соответствии с Законом № 295-XVI от 21 декабря 2007 года об утверждении Национальной стратегии развития на 2008-2011 годы (Официальный монитор Республики Молдова, 2008 г., № 18-20, ст.57), Поста- новлением Правительства № 191 от 25 февраля 2008 г. «Об утверждении Плана действий по реализации Национальной стратегии развития на 2008-2011 годы» (Официальный монитор Республики Молдова, 2008 г., № 42-44, ст.257) и Постановлением Правительства № 1360 от 7 декабря 2007 г. «Об утверждении Програм- мы повышения эффективности системы социальной помощи на 2008-2010 годы» (Официальный монитор Республики Молдова, 2007 г., № 194-197, ст.1412), а также в целях обеспечения качества и эффективности системы социальных услуг
Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить: Национальную программу создания комплексной системы социальных услуг на 2008-2012 годы согласно приложению № 1: План действий по реализации Национальной программы создания комплексной системы социальных услуг на 2008-2012 годы согласно приложению № 2. 2. Министерствам, другим центральным административным органам и органам местного публичного управления обеспечить внедрение положений Национальной программы создания комплексной системы социальных услуг на 2008-2012 годы и Плана действий по внедрению Национальной программы создания комплексной системы социальных услуг на 2008-2012 годы. 3. Мониторинг и координирование процесса реализации Национальной программы создания комплекс- ной системы социальных услуг на 2008-2012 годы и Плана действий по внедрению Национальной про- граммы создания комплексной системы социальных услуг на 2008-2012 годы возложить на Министерство социальной защиты, семьи и ребенка и Министерство местного публичного управления, которые будут отчитываться перед Правительством о реализации Национальной программы и Плана действий по внедре- нию Национальной программы раз в год (к 1 февраля). 4. Контроль за выполнением настоящего Постановления возложить на Министерство социальной за- щиты, семьи и ребенка.
ПРЕМЬЕР-МИНИСТР Зинаида ГРЕЧАНЫЙ Контрассигнуют: Mинистр социальной защиты, семьи и ребенка Галина БАЛМОШ министр финансов Мариана ДУРЛЕШТЯНУ министр местного публичного управления Валентин ГУЗНАК
№ 1512. Кишинэу, 31 декабря 2008 г.
Приложение № 1 к Постановлению Правительства № 1512 от 31 декабря 2008 г. НАЦИОНАЛЬНАЯ ПРОГРАММА создания комплексной системы социальных услуг на 2008-2012 годы I. Введение 1. Национальная программа создания комплексной системы социальных услуг (в дальнейшем – Про- грамма) предусматривает четкую политику поддержки лиц, находящихся в затруднительном положении, путем предоставления эффективных и высококачественных социальных услуг. Цель данных услуг – оказа-
* Опубликован : 20.01.2009 в Monitorul Oficial Nr. 7-9 статья № : 25
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ние краткосрочной либо долгосрочной поддержки лицам ввиду удовлетворения их социальных потребно- стей, сведения к минимуму социального отчуждения и улучшения качества жизни. 2. Необходимость создания Национальной программы обусловлена видимыми изъянами нынешней си- стемы социальной помощи: недостатком социальных услуг на коммунитарном уровне; фрагментарностью социальных услуг, программ различных уровней для лиц и групп, находящихся в затруднительном положе- нии; злоупотреблением помещения пользователей в службы интернатного типа; отсутствием координации и сотрудничества, необходимых для реализации комплексной и последовательной социальной политики. 3. Комплексная система социальных услуг имеет следующие характеристики: a) определение индивидуальных потребностей лиц, находящихся в затруднительном положении, и их приоритетов; b) разрешение проблем на коммунитарном уровне, а также предоставление специализированных соци- альных услуг пользователям согласно потребностям; c) интеграция социальных услуг во избежание повторения, частичного совпадения или пробелов в их предоставлении; d) координирование процесса эффективного использования и профессиональной подготовки человече- ских ресурсов, занятых в системе социальной помощи; e) управление согласно стандартам качества и единым механизмам обеспечения качества и эффектив- ности социальных услуг. 4. Развитие комплексной системы социальных услуг создаст лучшие возможности для социальной ин- теграции лиц, находящихся в затруднительном положении, и обеспечит соблюдение их фундаментальных прав. Сочетая меры по профилактике и реабилитации, а также решая проблемы на уровне сообщества, не да- вая им усложниться (а их решению – стать более дорогостоящим), система станет более рентабельной, охва- тит всех нуждающихся в социальной поддержке и окажет положительное влияние на качество жизни людей. 5. Создание комплексной системы социальных услуг будет способствовать выполнению Республикой Молдова взятых на себя обязательств в контексте стратегических альтернатив в области социальной защи- ты. К ним относятся Национальная стратегия развития на 2008-2011 годы, Национальная стратегия рефор- мирования системы ухода за ребенком в учреждениях интернатного типа (2007–2012 гг.), Национальный план действий по правам человека и Национальный план действий «Образование для всех» (2004-2015 гг.), Цели развития Тысячелетия, План действий Республика Молдова – Европейский Союз, а также Конвенция ООН по правам человека и Конвенция ООН по правам ребенка.
II. Текущее положение Факторы, определяющие спрос на социальные услуги 6. В Республике Молдова существует целый ряд социально-экономических факторов, способствующих росту спроса на социальные услуги. К ним относятся высокий уровень бедности и миграции, демографиче- ские и культурные изменения. 7. Хотя на протяжении последних лет в нашей стране зарегистрирован экономический рост, успехи ре- формы системы социальной помощи остаются скромными. Увеличение государственных затрат на соци- альную помощь (в 2007 году они составили около 12,4% ВВП) оказалось малоэффективным, а средства не были направлены самым нуждающимся семьям и социальным группам. Превалирующей частью системы социальной помощи являются социальные выплаты, которые не всегда способствуют улучшению положе- ния пользователей. В некоторых случаях вмешательство эффективнее, если, помимо социальных выплат, лицо может пользоваться и социальными услугами. В то же время существующие социальные услуги не покрывают спрос на них. 8. Начиная с 1990-х годов, общая численность населения снижается. До 1990 года причина этого состояла в основном в усиленном процессе миграции, затем уровень смертности превысил уровень рождаемости, что, в свою очередь, усилило спад. Согласно прогнозам между 2009-2020 годами общая численность населения снизится на 121 000 из-за снижения числа детей и взрослых в возрасте до 60 лет, а также значительного роста числа лиц преклонного возраста. Согласно подсчетам, доля лиц преклонного возраста в населении вырастет от 13 до 18%. Такой значительный рост престарелого населения означает, что общее число лиц, нуждающихся в социальных услугах, будет расти до 2020 года, даже если общее число населения будет снижаться. 9. Традиционно во многих сообществах уделялось внимание необходимости оказания поддержки лицам и семьям, временно или постоянно находящимся в затруднительном положении, но культурные традиции последних десятилетий во многих случаях способствовали помещению детей и взрослых в учреждения ин- тернатного типа в целях удовлетворения социальных потребностей. По последним данным, процент детей, помещенных в учреждения интернатного типа, в Республике Молдова продолжает быть одним из самых высоких среди бывших советских республик.
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10. По прогнозам, в 2009 году около 12% населения будет нуждаться в социальных услугах хотя бы один раз в году. Необходимая помощь включает поддержку на местном уровне, а также специализированный уход в виде социальных услуг либо финансовой помощи в срочных ситуациях (отдельно от обычной си- стемы социальных выплат), направленной на поддержку в преодолении определенной кратковременной кризисной ситуации.
Предоставление социальных услуг в настоящее время 11. Типы социальных услуг, предоставляемых населению, можно разделить на первичные (коммунитар- ные) социальные услуги, специализированные социальные услуги и высокоспециализированные услуги. В основу данной классификации положен уровень специализации социальных услуг. Многие пользователи высокоспециализированных социальных услуг, в особенности стационарных, не нуждаются в столь интен- сивной помощи и пользуются данными услугами ввиду отсутствия альтернатив. Стоит отметить тот факт, что данные три уровня услуг не вполне соответствуют административным уровням Республики Молдова. Примэрия руководит некоторыми коммунитарными социальными службами, центральные органы руково- дят большей частью высокоспециализированных социальных служб, а руководство остальными социаль- ными службами осуществляется на районном уровне, что составляет часть коммунитарных услуг, большую часть специализированных услуг и некоторые высокоспециализированные услуги.
Первичные (коммунитарные) социальные услуги 12. Бенефициары системы социальной помощи должны, в первую очередь, обращаться в службы первичной социальной помощи. На коммунитарном уровне существует ограниченное количество социальных служб: уход на дому, социальные столовые, поддержка со стороны имеющихся коммунитарных социальных ассистентов, фи- нансовая поддержка со стороны фонда социальной поддержки населения и услуги местных центров. 13. Услуги по уходу на дому предназначены для лиц преклонного возраста и лиц с ограниченными воз- можностями и предоставляются социальными работниками. В 2007 году около 25566 лиц воспользовались данным типом поддержки, которую предоставили около 2428 социальных работников. Учитывая тот факт, что зарегистрированы заявления, поступившие от более 8505 человек, которые в настоящее время не поль- зуются услугами ухода на дому, и то, что предоставление услуг ограничивается одинокими и нетрудоспо- собными стариками, необходимо развивать данный тип услуг. 14. Служба общественного питания в столовых социальной помощи предоставляет пищу социально уязвимым лицам на срок, не превышающий 30 дней в квартал. Данная служба финансируется, в большей части, за счет местных бюджетов и субсидий из Республиканского фонда социальной поддержки населения, а также частных пожертвований и пожертвований неправительственных организаций. Число столовых со- циальной помощи в последние годы значительно возросло: в 2007 году существовало 99 столовых (в девять раз больше, чем в 2001 году), которые обслуживали более 5000 человек. Ограничение услуги определенным числом дней на человека, независимо от индивидуальных обстоятельств, снижает ее способность удовлет- ворять существующие потребности. 15. В течение пяти последних лет стали развиваться коммунитарные социальные услуги, за которые не- сет ответственность коммунитарный социальный ассистент. Данные услуги включают: консультирование, информирование, менеджмент отдельного случая. Они основаны на начальной и комплексной оценке поль- зователя и его индивидуальных потребностей. Мероприятия направлены на мобилизацию усилий поль- зователя и усиление поддержки со стороны семьи и сообщества в целях преодоления затруднительного положения, а также обеспечения эффективной социальной интеграции. Если в 2006 году в стране было лишь 48 местных социальных ассистентов, выполняющих данные мероприятия, то на данный момент сеть социальных ассистентов значительно расширилась и включает 996 утвержденных единиц. 16. Востребованной коммунитарной услугой является предоставление материальной помощи из респу- бликанского и местных фондов социальной поддержки населения. Данная помощь предоставляется, как пра- вило, один раз в год и не всегда направлена на удовлетворение потребностей самых нуждающихся людей. 17. Некоторые из существующих коммунитарных центров предоставляют первичные социальные услу- ги, а также проводят внепрограммные мероприятия и группы поддержки для различных пользователей.
Специализированные социальные службы 18. Данные услуги предоставляются ограниченному числу лиц, потребности которых не могут быть удо- влетворены на уровне сообщества. Предполагается, что число лиц, нуждающихся в специализированных социальных услугах, намного меньше числа пользователей первичных социальных услуг. К данному типу
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услуг относятся специализированный дневной уход, центры временного помещения, помощь заместитель- ным семьям, помощь в реинтеграции детей из учреждений интернатного типа в семьи. 19. Специализированные дневные центры начали развиваться в основном в течение последних пяти лет. Специализированные социальные услуги, предоставляемые в них, могут включать и медицинскую и психо- логическую помощь. На данный момент существует 25 дневных центров по уходу за взрослыми и лицами с ограниченными возможностями, 25 центров для семей с детьми с ограниченными возможностями и 30 дневных центров для семей с детьми, находящихся в ситуации риска. Зачастую в данных центрах специали- зированный уход предоставляется в сочетании с мероприятиями первичного ухода. 20. Центры временного помещения, как правило, создаются гражданским обществом при поддержке международных организаций. Насчитывается 14 центров для взрослых, включая лиц с ограниченными воз- можностями, и 16 центров для детей с ограниченными возможностями, а также приют для бездомных лиц в муниципии Кишинэу. 21. Специализированная защита детей, находящихся в затруднительном положении, обеспечивается в основном услугами по замещению семьи. В конце 2007 года более 5965 детей находились под опекой; было зарегистрировано 353 случая национального усыновления и 95 случаев международного усыновления; су- ществовало 53 детских дома семейного типа, в которых воспитывался 241 ребенок; 42 патронатных воспи- тателей, ухаживавших за 41 ребенком. В некоторых регионах республики была установлена система пред- упреждения институционализации детей, которая преследует цель снижения числа детей, помещаемых в учреждения интернатного типа.
Высокоспециализированные социальные услуги 22. Услуги по уходу в учреждениях интернатного типа продолжают быть наиболее востребованными в связи с ограниченным доступом к другим видам социальных услуг. Уход в учреждениях интернатного типа (24 часа в сутки) должен предоставляться лишь очень ограниченному числу лиц, сталкивающихся с чрезвы- чайно сложными проблемами. Стационарные услуги предполагают высокую стоимость, не отражают и не в полной мере удовлетворяют потребности пользователей. Бенефициары могли бы пользоваться социальны- ми услугами в своей семье и своем сообществе. 23. Учреждения интернатного типа находятся в ведении центральных органов управления или органов местного публичного управления второго уровня (районов). Учреждения интернатного типа, находящиеся в ведении центральных органов управления, включают 2 детских дома, 65 школ интернатного типа, 2 дома- интерната для умственно неполноценных детей, 1 учреждение для малолетних преступников, 2 социальных учреждения для лиц преклонного возраста и с ограниченными возможностями и 4 психоневрологических интерната для взрослых. В ведении районной администрации находятся около 170 социальных учреждений. 24. В течение последних пяти лет возросло число лиц, находящихся в учреждениях интернатного типа. В 2007 году в учреждениях интернатного типа проживало более 11 000 детей. Это почти вдвое больше числа детей, проживающих в заместительных семьях. Почти 1700 престарелых людей и лиц с ограниченными возможностями были помещены в стационарные учреждения; 645 престарелых были помещены в приюты, находящиеся в ведении районных администраций, и 600 человек – в учреждения на национальном уровне. В 2007 году число заявлений на помещение взрослых в учреждения стационарного типа превысило возмож- ности по размещению и содержанию, предусмотренных для данных учреждений. 25. Существует ряд проблем, связанных с услугами стационарного ухода: a) стационарный уход не обеспечивает индивидуальный подход к пользователям; b) сотрудники учреждений интернатного типа недостаточно обучены предоставлению ухода, соответ- ствующего потребностям пользователей, и зачастую не включаются в программы профессионального обу- чения по месту работы; c) система не предусматривает пересмотр положения пользователя для оценки возможности его реинтегра- ции в семью и сообщество. Это может привести к ухудшению семейных отношений, социальной изоляции и хронической зависимости от системы стационарного ухода; d) долгосрочное помещение и помещение на неопределенное время требует выделения финансовых ре- сурсов на один и тот же контингент пользователей в течение длительных периодов времени; e) система ухода в учреждениях интернатного типа является дорогостоящей во всех случаях. Стоимость стационарных услуг наиболее высока в учреждениях для детей с ограниченными возможностями. После разработки и внедрения минимальных стандартов качества стоимость стационарных услуг значительно возрастет; f) уход, предоставляемый в стационарных учреждениях, требует дополнительных действий по защите прав пользователя. Применение данного ухода не только в качестве исключительной опции серьезно за- труднит выполнение Республикой Молдова обязательств, принятых при подписании международных кон- венций.
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26. В Республике Молдова развито несколько высокоспециализированных социальных услуг, ориен- тированных на потребности ограниченной группы пользователей. К ним относятся: Центр временного помещения несовершеннолетних детей (беспризорников), Центр реабилитации жертв торговли людьми. Вместе с тем очевиден недостаток высокоспециализированных социальных услуг для лиц, сталкивающихся со множеством сложных социальных проблем, таких как насилие в семье и алкогольная и наркотическая зависимость. Некоторые подобного рода услуги были развиты лишь в пилотных регионах, в основном не- правительственными организациями. Нет анализа покрытия реальной потребности населения в подобного рода услугах. 27. Протезно-ортопедические услуги предоставляются в Экспериментальном центре протезирования, ортопедии и реабилитации, находящемся в ведении Министерства социальной защиты, семьи и ребенка. Лицам с двигательными ограничениями в центре предоставляются такие услуги, как обеспечение ортопе- дической обувью, немеханизированными средствами передвижения и восстановительные услуги. На учете в центре находятся 87727 человек. Услуги предоставляются как в центре, так и по месту жительства медико- техническими командами и фельдшером-протезистом, находящимися в подчинении территориальных структур социальной помощи. 28. Санаторно-курортные реабилитационные услуги предоставляют краткосрочный интенсивный уход в республиканских центрах реабилитации лиц с ограниченными возможностями и лиц преклонного воз- раста «Speranţa» в городе Вадул луй Водэ и «Victoria» в городе Сергеевка, Одесская область, Украина. Данные услуги предоставляются в виде льгот для вышеуказанных лиц, в зависимости от категории, со скидок на путевки от 100 до 70% реабилитационного бюджета. Число пользователей, ежегодно обслуживаемых в обо- их центрах, составляет 8790 человек, при том, что вместимость каждого из них – 260 мест.
Законодательство 29. Система социальной помощи регламентируется множеством законов и положений. Вместе с тем не все типы услуг имеют законодательную базу. Часть существующих законодательных актов являются фор- мальными и декларативными и не располагают адекватными механизмами реализации и мониторинга своих положений. Часто нет полного финансового покрытия для решения поставленных задач, а стимулирования партнерства между государством и гражданским обществом недостаточно. С этой точки зрения законода- тельство в данной области не последовательно и даже противоречиво. Законодательная база, покрывающая более широкий спектр социальных услуг, находится в процессе дополнения и требует улучшения.
Институциональная база 30. Органы местного публичного управления первого уровня представлены местными и городскими советами и их задачами являются выявление социальных проблем, администрирование и управление мест- ными фондами социальной помощи, развитие и финансовая поддержка коммунитарных социальных услуг, а также налаживание партнерских отношений с неправительственными организациями в целях развития социальных услуг. 31. Органы местного публичного управления второго уровня представлены районными, муниципаль- ными отделами/управлениями социальной помощи и защиты семьи муниципиев Кишинэу и Бэлць, Управ- лением по защите прав ребенка муниципия Кишинэу и автономно-территориального образования Гагау- зия, которые внедряют социальную политику, создают и развивают социальные услуги на районном уровне. Районные советы и фонды социальной помощи населению являются стратегическими организационными ресурсами, которые могут оказать положительное влияние на создание и развитие социальных услуг, а так- же на жизнь людей. 32. Центральные органы публичного управления, занятые предоставлением социальных услуг (в основном стационарного ухода), включают Министерство социальной защиты, семьи и ребенка (МСЗСР), Министерство образования и молодежи (МОМ) и Министерство здравоохранения (МЗ). МСЗСР является центральным от- раслевым органом публичного управления, ответственным за разработку, продвижение и внедрение политики и национальных программ в области социальной помощи. Это включает направление и управление механизмами контроля всей системы социальных услуг; методическое координирование деятельности районных структур со- циальной помощи, социальных ассистентов, социальных работников и поставщиков социальных услуг, а также контроль сбора и распределения средств Республиканского фонда социальной поддержки населения. МСЗСР уполномочено руководить отраслевой рабочей группой по разработке среднесрочного прогноза расходов в об- ласти социальной защиты, координированию мероприятий в данной области между министерствами, различ- ными уровнями органов центрального и местного публичного управления и международными партнерами по развитию. Оно также руководит Координационной группой в области социальной защиты, которая является одним из важнейших форумов для дискуссий с международными партнерами по развитию.
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33. Важными ресурсами для развития социальных услуг располагают структуры гражданского общества, действующие в области социальной защиты (около 400 неправительственных организаций). Данные орга- низации внедрили целый ряд социальных услуг – моделей передового опыта, некоторые из которых были переняты и внедрены на национальном уровне, что позволяет считать их важными в процессе планирования и предоставления социальных услуг. Международные доноры также предоставляют техническую и финансо- вую поддержку в развитии социальных услуг и международные модели консолидации потенциала.
Операциональная база 34. Существующая институциональная структура не располагает достаточными ресурсами и потенциа- лом для выполнения некоторых основных обязанностей, таких как мониторинг (включая полный учет со- циальных услуг и числа пользователей), оценка последствий, инспекция, аккредитация и обучение по месту работы персонала, занятого в системе социальной помощи. Были разработаны и утверждены стандарты качества лишь для некоторых типов социальных услуг. Деятельность МСЗСР затруднена из-за внушитель- ного потока обращений, которые не решаются на местном уровне.
Человеческие ресурсы 35. На уровне сообщества социальная помощь предоставляется социальными работниками и социаль- ными ассистентами, нанятыми органами местного публичного управления второго уровня, а в автономно- территориальном образовании Гагаузия – органами местного публичного управления первого уровня. В 2007 году на работу на уровне сообщества было принято около 600 социальных ассистентов, а в 2008 году пла- нировалось принять на работу еще 396 единиц коммунитарных социальных ассистентов. Тем не менее их число продолжает оставаться недостаточным по сравнению с многообразием надобностей социально уяз- вимых групп населения и их потребностью в социальной помощи. Лишь около 10% нанятых социальных ас- систентов имеют необходимую квалификацию. Низкая заработная плата ведет к высокой текучести кадров. На районном уровне в структурах социальной помощи заняты специалисты по проблемам семей с детьми, находящимися в ситуации риска, специалисты по проблемам лиц преклонного возраста и лиц с ограничен- ными возможностями, специалисты по учету и распределению материальной помощи из местного фонда социальной поддержки населения. Вместе с тем наибольшая доля персонала, предоставляющего социальные услуги, занята в службах стационарного типа. По самым последним данным, 5400 сотрудников работают в учреждениях интернатного типа для детей и около 1500 – в учреждениях, подведомственных Министерству социальной защиты, семьи и ребенка и предоставляющих стационарные услуги лицам преклонного возраста и лицам с ограниченными возможностями. Данная цифра показывает, что на одного сотрудника стационар- ного учреждения приходятся двое пользователей, что необязательно соответствует потребностям многих из них и увеличивает стоимость стационарной услуги в контексте ограниченных ресурсов.
Финансы 36. Источники финансирования социальных услуг разнообразны. Государственный бюджет предоставляет финансовые средства специализированным стационарным учреждениями и на реализацию национальных программ в области социальной защиты; бюджеты административно-территориальных единиц предоставля- ют финансовые ресурсы социальным службам, действующим на подведомственной им территории, а также местным пользователям, а финансовые средства республиканского фонда и местных фондов социальной под- держки населения используются для предоставления материальной помощи лицам, находящимся в затруд- нительном положении. Поступление средств от пожертвований, спонсорских и других взносов со стороны физических лиц или экономических агентов из страны и из-за рубежа являются спорадическими. 37. В 2007 году из национального публичного бюджета на социальную защиту было потрачено око- ло 6596,9 миллиона леев, из которых 2157,2 миллиона леев – через систему социальной помощи и 4439,7 миллиона леев – через систему государственного социального страхования. Средства республиканского и местных фондов социальной поддержки населения составляют 112,4 миллиона леев, а их пользователями стали около 329,7 тысячи человек. На социальные услуги было потрачено около 248,9 миллиона леев, что составило 11,5% общей суммы затрат на социальную помощь. Из данной суммы затраты на услуги сообще- ства составляют 28,4%, или около 70,6 миллиона леев, на специализированные социальные услуги – 18,0%, или 44,7 миллиона леев, а на высокоспециализированные социальные услуги (по большей части – услуги стационарного типа) – 53,6%, или 133,5 миллиона леев. Если сопоставить финансовые средства с числом пользователей, то можно констатировать, что на данный момент самыми дешевыми являются услуги, пре- доставляемые на уровне сообщества, их стоимость в среднем составляет 1506,3 лея на одного пользователя, а самыми дорогостоящими – высокоспециализированные социальные услуги, составляющие 10728,9 лея на одного пользователя.
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III. Определение проблем, обуславливающих необходимость Программы 38.Существующие социальные услуги не удовлетворяют потребности людей в количественном или/и качественном отношении. 39. Что касается количества требующихся и предоставляемых социальных услуг, существует два типа про- блем: с одной стороны, многие граждане не пользуются социальными услугами, даже если они в них нуждают- ся (то есть, имеют место ошибки исключения), а с другой стороны, некоторые лица пользуются социальными услугами, в которых не нуждаются (то есть, допускаются ошибки включения). Причины этого следующие: a) существующие социальные услуги расположены в основном в городах, а в сельской местности их не- достаточно либо нет совсем, что ограничивает доступ к ним многих людей, находящихся в затруднительном положении; b) отсутствие информации о социальных услугах не обеспечивает полной реализации права на социаль- ную помощь, особенно в рядах сельских жителей; c) требования по подтверждению права потенциального пользователя социальных услуг считаются сложными, что приводит к отказу заявителя; d) неадекватное отношение к пользователям, намеренное или ненамеренное, может стать помехой в подаче заявления на пользование социальными услугами, в которых они нуждаются; e) некоторые социальные услуги ограничиваются определенными группами лиц, что означает, что другие лица, которые могли бы ими пользоваться, не имеют такой возможности; f) не существует системы пересмотра дел для обеспечения услуг, соответствующих потребностям поль- зователей, и определения момента выхода из системы социальной помощи в случае, если обстоятельства его жизни меняются в лучшую сторону. 40. Что касается качества социальных услуг, констатируем следующие недочеты: a) социальные услуги не предоставляются на основании оценки индивидуальных потребностей и по- требностей сообщества; b) существующая система основана, в большей части, на услугах по вмешательству, а не на услугах по предупреждению. Такая ситуация приводит к ухудшению случаев, а их разрешение становится невозмож- ным на коммунитарном уровне, и их относят к специализированным службам социальной помощи, ко- торые являются еще более дорогостоящими. Запоздалое вмешательство отрицательно сказывается как на пользователе и его семье, так и на сообществе; c) реабилитация и реинтеграция пользователей не всегда являются обязанностью служб первичной со- циальной помощи; d) не существует ясной операциональной структуры предоставления социальных услуг; e) распределение финансовых и человеческих ресурсов производится неэффективно. В 2007 году вы- сокоспециализированные социальные услуги покрыли 3% случаев потребности в социальной помощи и составили 53,6% расходов исполненного бюджета, в то время как 28,4% общей суммы расходов на социаль- ные услуги покрывают, в свою очередь, 11,3% пользователей социальных услуг в сообществе. К тому же в высокоспециализированных социальных службах занято непропорционально большое число персонала. 41. Некоторые новые меры социальной помощи, ориентированные на разрешение установленных про- блем, уже были пилотированы. Целью настоящей Программы является консолидация данных усилий для предоставления социальной помощи тем, кто в ней нуждается, с поправкой на потребности пользователей.
IV. Цель Программы 42. Целью настоящей Программы является улучшение качества жизни лиц, находящихся в затрудни- тельном положении. 43. Комплексная система социальных услуг является составной частью системы социальной защиты, по- средством которой государство, органы местного публичного управления и гражданское общество обеспечи- вают предупреждение, ограничение и устранение временных или постоянных последствий ситуаций, вызван- ных высокой степенью бедности и уязвимости. 44. Комплексность системы социальных услуг предполагает ряд подходов, нацеленных на их целостное восприятие: интеграция на уровне политики, интеграция социальных услуг для всех групп пользователей в единую систему, установление связи между социальными услугами и социальными выплатами, интеграция на уровне комплексного подхода к семье, выработка единой методики работы системы, многоотраслевая интеграция на уровне группы. Интеграция системы социальных услуг будет также реализовываться по- средством межотраслевых программ, основанных на продвижении стратегической политики, касающейся социальных услуг для всех групп пользователей, например, перевода пользователей из учреждений интер- натного типа в семью/другие службы, борьбы с торговлей людьми, равных возможностей, подхода с учетом фактора половой принадлежности и т.д.
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45. Помимо принципа систематической интеграции, настоящая Программа руководствуется следующи- ми принципами: a) принцип адресной социальной помощи предполагает приоритетное направление социальных услуг на самых бедных и социально уязвимых членов общества, выявленных в ходе оценки индивидуальных по- требностей; b) принцип сосредоточения на пользователе предполагает приспособление социальных услуг к посто- янно изменяющимся потребностям пользователей на основании систематической оценки их влияния на положение пользователя. Это включает консолидацию потенциала и мотивирование пользователя к пре- одолению затруднительного положения, если это возможно, а также стимулирование активного участия пользователя в определении потребностей, планировании, внедрении и наблюдении за предоставлением социальных услуг; c) принцип предоставления социальных услуг в сообществе предполагает поддержку в приоритетном порядке, бенефициара в семье и в сообществе; d) принцип доступности предполагает доступ лиц, находящихся в затруднительном положении, ко всем услугам: информирование населения о существующих социальных услугах, развитие новых социальных услуг и их размещение вблизи пользователей, а также адаптация среды к потребностям пользователей; e) принцип равных возможностей предполагает обеспечение права пользования социальными услугами и отсутствие дискриминации по половому, возрастному, религиозному, культурному, языковым признакам в отношении всех лиц, находящихся в затруднительном положении.
V. Задачи и сферы вмешательства 46. В целях выполнения задач настоящей Программы, необходимо изучить ожидаемые результаты, а также вклад (включая человеческие и финансовые ресурсы), необходимый для достижения данных результатов.
ЗАДАЧА I: Обеспечение качественной и эффективной работы комплексной системы социальных услуг 47. Качество и эффективность вырастут благодаря эффективной работе пяти компонентов структуры управления комплексной системой социальных услуг: a) нормативная база; b) институциональная база (включая разделение обязанностей по административным уровням); c) операционная база (разработка и стандартизация рабочих процедур); d) человеческие ресурсы; e) финансы. 48. Последовательная и эффективная работа комплексной системы социальных услуг обеспечивается путем применения процедур наблюдения за качеством и эффективностью системы, создания механизма аккредитации поставщиков социальных услуг на основании показателей, установленных стандартами качества, разработан- ными для каждого типа социальных услуг. В то же время качество предоставляемых социальных услуг зависит и от уровня профессиональной подготовки специалистов, занятых в системе социальной помощи.
Развитие, приведение в соответствие и продвижение законодательной базы 49. Нормативная база будет пересмотрена и приведена в соответствие с настоящей Программой. В этом процессе будут приняты во внимание прогресс и пробелы в национальной нормативной базе, положения международных соглашений, стороной которых Республика Молдова является, национальный и междуна- родный опыт предоставления социальных услуг, а также рекомендации, содержащиеся в международных отчетах о соблюдении прав пользователей. 50. Будут внесены изменения и дополнения в Закон о социальной помощи № 547-XV от 25 декабря 2003 года и будут разработаны: закон о социальных услугах, закон о защите ребенка, закон об аккредитации и инспекции в области социальной помощи.
Развитие и консолидация институциональной базы 51. На центральном уровне МСЗСР, руководящее процессом разработки и внедрения политики государ- ства в области социальной помощи, направит усилия на разработку и пересмотр стратегий, а также на обе-
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спечение функционирования механизмов наблюдения за всей системой социальных услуг на всех уровнях публичной администрации. Это включает пересмотр нормативной базы и финансовой структуры, профес- сиональную подготовку по месту работы, разработку стандартов качества, механизмов закупки социаль- ных услуг, процедур аккредитации и инспекции, механизмов наблюдения и оценку качества социальных услуг, процедур отчетности.Поскольку проблемы, с которыми сталкивается население, носят многоплано- вый характер, а их предупреждение и разрешение требуют обязательного вмешательства общества в целом, эффективное стратегическое управление предполагает разработку глобальной последовательной политики, касающейся системы социальной защиты, и последующее установление сфер компетентности министерств. В этой связи в целях координирования межотраслевой политики необходимо на правительственном уровне создать межминистерскую комиссию по социальным проблемам. Отраслевая рабочая группа по средне- срочному прогнозу расходов в области социальной защиты является важным органом по координирова- нию вышеуказанной политики. 52.Организационная и управленческая компетенция МСЗСР будут подвергнуты пересмотру и совер- шенствованию. 53. Учитывая концентрацию основной компетенции на разработке и управлении социальной полити- кой, МСЗСР будет сотрудничать с органами местного публичного управления первого и второго уровней, в соответствии с законом, в целях развития социальных услуг и обеспечения их качества. 54. Органы местного публичного управления второго уровня ответственны за внедрение социальной поли- тики и управление национальной политикой на местном уровне, включая развитие, наблюдение и оценку спе- циализированных услуг с применением процедур стратегического планирования на местном уровне. Они будут ответственны за прием на работу и наблюдение за профессиональной деятельностью социальных ассистентов и социальных работников. 55. В целях консолидации потенциала территориальных структур социальной помощи рекомендовать органам местного публичного управления первого и второго уровня создать Службу коммунитарной со- циальной помощи. 56. Ответственность за защиту прав ребенка рекомендуется передать из компетенции главных управлений образования, молодежи и спорта в компетенцию территориальных структур социальной помощи. 57. Комиссии по защите ребенка, находящегося в затруднительном положении, будут созданы в регионах, в которых они еще не были созданы согласно законодательству. Данные комиссии необходимы для обеспе- чения оптимального ухода за каждым ребенком, находящимся в затруднительном положении, отдавая пред- почтение услугам семейного типа, в то время как помещение в стационарные учреждения будет осущест- вляться лишь в крайнем случае. Помимо этого, МСЗСР рассмотрит возможность распространения подхода, основанного на предупреждении помещения в службы интернатного типа, на другие группы пользователей. 58. Органы местного публичного управления устанавливают партнерские связи с гражданским обще- ством, обладающим большим потенциалом в плане предоставления социальных услуг и моделей передово- го опыта как на данный момент, так и в будущем. В этой связи местная публичная администрация прибег- нет к механизму закупки социальных услуг в соответствии с потребностями общины. 59. Органы местного публичного управления первого уровня получат поддержку в укреплении потен- циала в плане выполнения обязанностей по созданию местных социальных услуг в соответствии с поло- жениями действующего законодательства. Организации, финансирующие какие-либо местные социальные услуги (в том числе международные доноры), будут сотрудничать с органами местного публичного управ- ления в направлении развития социальных услуг.
Развитие операционной базы 60. Будет разработана единая операционная структура, в которую войдут: механизм перенаправления пользователей с одного уровня социальных услуг на другой, методика оценки индивидуальных потребно- стей и потребностей сообщества, стандарты качества для всех социальных услуг, система аккредитации по- ставщиков социальных услуг, инспекции и рассмотрения жалоб в целях обеспечения соблюдения стандартов качества, процедур закупки социальных услуг у аккредитованных поставщиков. 61. Механизм перенаправления указывает путь пользователя в системе социальной помощи на основа- нии индивидуальной проблемы. При выявлении случая потребности в поддержке лицо будет зарегистриро- вано на уровне сообщества и получит срочную поддержку в случае кризисной ситуации либо подвергнется начальной оценке, которую осуществит коммунитарный социальный ассистент. Если лицо будет нуждаться в большей помощи, оно пройдет комплексную оценку, которую проведет социальный ассистент, согласно которой будет разработан индивидуализированный план социальной помощи. Всегда будут прилагаться усилия по разрешению сложившейся у пользователя ситуации на уровне сообщества. Лишь если проблема не может быть решена на данном уровне, лицо будет направлено в специализированные либо высокоспе- циализированные социальные службы.
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62. Оценка индивидуальных потребностей играет основную роль в определении оптимальной формы вмешательства в положение пользователя социальных услуг и является основой индивидуального плана помощи. Оценка будет проводиться с заполнением стандартного бланка, при помощи которого будет уста- навливаться лицо, проблема и ее предлагаемое решение, включая меры, которые могут быть предприняты, и кем, а также когда и где вмешательство будет иметь место. 63. Качество социальных услуг будет обеспечиваться путем установления стандартов качества. Данные стандарты послужат базой для механизмов аккредитации поставщиков социальных услуг, процедур ин- спекции социальных услуг, а также для регистрации и принятия решений по рассмотренным жалобам. Не- обходимо, чтобы данные механизмы были не слишком сложными и защищали пользователей. Стандарты качества и механизмы будут разработаны МСЗСР. В них войдут: a) стандарты качества. В разработке данных стандартов будут участвовать пользователи социальных услуг, чтобы убедиться, что приняты во внимание их ожидания и стремления; b) аккредитация предполагает оценку потенциала поставщиков в плане предоставления социальных услуг желаемого качества и требование нести ответственность за соблюдение стандартов качества и про- ходить инспекцию в рамках процесса регистрации в качестве поставщиков; c) инспекция нацелена на проверку качества социальных услуг в соответствии со стандартами качества и формулировку рекомендаций по их улучшению. Инспекция не является самоцелью, она призвана поднять стандарт предоставления услуг и улучшить качество жизни их пользователей; d) процедура подачи жалоб предусматривает два этапа: внутренний и внешний. Первый этап (внутрен- ний) включает направление жалобы лицу, непосредственно работавшему с бенефициаром (социальному ассистенту, сотруднику дневного центра и т.д. либо руководителю дела), для того, чтобы он мог дать ответ напрямую. В случае, если данное лицо не решит указанную проблему, наступит второй (внешний) этап рас- смотрения жалобы в специальной службе; e) процедуры набора и отбора персонала для работы в системе социальной помощи, а также программы профессиональной подготовки по месту работы будут способствовать поддержанию качества предостав- ляемых социальных услуг. 64. Механизм закупки социальных услуг будет разработан и использован в случае, если выявленные в сообществе потребности не будут покрываться существующими социальными услугами. Это будет способ- ствовать установлению партнерских связей между органами местного публичного управления и граждан- ским обществом и частным сектором, нацеленные на развитие новых социальных услуг.
Наращивание потенциала человеческих ресурсов, занятых в системе социальной помощи 65. Учитывая большое число потенциальных пользователей социальных услуг, необходимо расширить возможности социальных служб в плане удовлетворения потребностей бенефициаров путем расширения и улучшения профессиональной деятельности местных сотрудников, а также стимулирования сообщества решать свои социальные проблемы. 66. Человеческие ресурсы, ответственные за предоставление местных социальных услуг, включают местного социального ассистента и социального работника, получающих поддержку напрямую со стороны специалистов-сотрудников местных структур социальной помощи и посредством процедур наблюдения. Необходимо консолидировать сеть коммунитарных социальных ассистентов путем их мобилизации для занятия вакантных мест до запланированного минимума, обучения и оказания поддержки лицам, уже при- нятым на работу, в целях их удержания. 67. Уровень профессиональной подготовки сотрудников социальных служб напрямую определяет каче- ство предоставляемых социальных услуг. В целях поднятия уровня компетентности сотрудники социаль- ных служб будут находиться под профессиональным наблюдением и пройдут адаптированную программу профессиональной подготовки по месту работы, а также получат возможность продвижения по службе на основании уровня профессиональной компетентности. 68. Профессиональное наблюдение позволяет коммунитарным социальным ассистентам и социальным работникам обсудить самые сложные случаи в своей практике с опытным специалистом. Оно также помогает им понять собственные мысли и эмоции и снизить риск профессионального стресса, таким образом удержи- вая и поддерживая сотрудников и в то же время повышая их уровень профессиональной компетентности. Профессиональное наблюдение будет проводиться в сообществе и на районном уровне в регулярном порядке. 69. Программа и стратегия профессиональной подготовки по месту работы будет состоять из следую- щих компонентов: a) развитие основных профессиональных навыков с их разделением на подуровни – начальный и по- следующие. Учебные курсы будут организованы в центрах непрерывного образования, действующих при университетах, которые готовят социальных ассистентов. Университеты для проведения учебных курсов будут отбираться согласно методике, утвержденной МСЗСР;
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b) формирование специальных навыков будет осуществляться с использованием потенциала суще- ствующих социальных служб. МСЗСР на конкурсной основе отберет службы, демонстрирующие передо- вой опыт и усовершенствованные навыки, и наделит их статусом методических центров, в которых будут проводиться курсы обучения; c) МСЗСР будет осуществлять оценку потребностей в обучении сотрудников системы социальной помо- щи, вести учет проведенных ранее курсов и планировать процесс непрерывной профессиональной подго- товки по уровням компетентности, на основании учебного плана, утвержденного МСЗСР. Данный процесс будет способствовать развитию теоретических и практических профессиональных навыков и изучению новых методов и техник работы с различными группами пользователей; d) будет разработан механизм аттестации профессиональной подготовки сотрудников системы соци- альной помощи. 70. Снижение числа пользователей стационарных услуг, подразумевающих круглосуточное интенсив- ное вмешательство, приведет к снижению общего числа сотрудников служб интернатного типа. Они будут иметь возможность переквалифицироваться и предоставлять другие виды услуг, например, услугу патро- натного воспитания.
Финансы 71. Законом о социальной помощи № 547-XV от 25 декабря 2003 года устанавливается вклад каждой из сто- рон в затраты по организации и функционированию государственных специализированных учреждений со- циальной помощи, а также в предоставление социальных услуг. В контексте создания комплексной системы социальных услуг будут выделены, согласно законодатель- ству, финансовые средства: a) из государственного бюджета; b) из бюджетов территориально-административных единиц; c) из других источников. 72. Изменение подхода от преимущественно стационарного ухода к уходу в сообществе предполагает пе- ренаправление существующих финансовых ресурсов на предоставление коммунитарных социальных услуг.
ЗАДАЧА II Развитие, консолидация и интеграция адресных услуг, ориентированных на группы лиц, находящихся в затруднительном положении 73. Данная задача предусматривает обеспечение населения социальными услугами путем диверсифика- ции и повышения качества коммунитарных социальных услуг на уровне каждой территориальной админи- стративной единицы, интеграции всех социальных услуг в последовательную и сбалансированную систему. 74. В Программе намечено быстрое расширение коммунитарных и специализированных социальных услуг и значительное повышение эффективности и действенности высокоспециализированных социальных услуг. Это приведет к изменению соотношения между услугами стационарного типа и коммунитарными услугами в пользу последних и необходимости перенаправления финансовых ресурсов.
Создание и развитие первичных социальных услуг 75. Настоящая Программа предусматривает расширение социальных услуг на уровне сообщества, что является важным источником для эффективного внедрения социальных политик. Сообщество оказывает систематическую профессиональную поддержку, а также коммунитарную и межличностную поддержку. Первичные социальные услуги ориентированы на предупреждение либо ограничение затруднительного положения, решение проблемы на начальном этапе при дальнейшем нахождении пользователя в семье и в сообществе. В данном контексте децентрализация социальных услуг является благоприятным условием для активизации сообщества, мобилизации ресурсов и человеческих усилий по рассмотрению около 80% заявок на социальную помощь. 76. Первичные социальные услуги оказываются всем группам пользователей на уровне каждого сообще- ства. При этом примэрии будут принимать решения по развитию специализированных социальных услуг на основании потребностей и потенциала сообщества. Первичные социальные услуги универсальны и от- личаются низкой стоимостью на одного пользователя. 77. Социальные ассистенты в сообществе ответственны за выявление и оценку положения потенциаль- ных пользователей, к которым могут относиться дети, престарелые лица, лица с ограниченными возможно-
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стями, лица, страдающие алкогольной, наркотической или токсической зависимостью, лица, инфицирован- ные или больные ВИЧ/СПИД, а также жертвы пренебрежительного, жестокого обращения, насилия в семье либо торговли людьми. Социальные ассистенты разрабатывают индивидуализированные планы помощи, предоставляют первичные социальные услуги (включая консультации, семейную поддержку и наблюдение за положением детей, помещенных в заместительные семьи), а также перенаправляют дела в специализиро- ванные социальные службы. Помимо этого, они предоставляют информацию общего характера, проводят оценку потребностей сообщества и формулируют рекомендации по развитию определенных социальных услуг, не имеющихся в сообществе на данный момент. Социальный ассистент также мобилизует потенци- ал сообщества в плане поддержки лиц, находящихся в затруднительном положении, путем привлечения добровольцев и создания групп поддержки. Поэтому первоочередное значение имеют расширение сети со- циальных ассистентов и организация непрерывной профессиональной подготовки. 78. Социальные работники предоставляют практические услуги по уходу на дому в основном лицам пре- клонного возраста и лицам с ограниченными возможностями. Это включает оказание помощи в проведе- нии процедур личной гигиены, питании, покупках, уборке дома и установлении связи с другими местными публичными службами. Поскольку у социальных работников складываются хорошие личные отношения с членами сообщества, они смогут мобилизовать добровольцев на участие в коммунитарных мероприятиях. До настоящего времени число социальных работников зависело от нормы: один социальный работник на примерно 10 пользователей. Поскольку система потребует оценки индивидуальных потребностей и разра- ботки индивидуальных планов помощи, предполагается, что число пользователей, обслуживаемых одним социальным работником, будет варьировать в зависимости от выявленных потребностей. 79. Создание многофункциональных центров в сообществе, в которых могут предоставляться первич- ные социальные услуги для всех групп пользователей, обеспечило бы социальную интеграцию лиц раз- личного возраста и с разными проблемами. Центры могут размещаться в любых имеющихся в сообществе зданиях, адаптированных для деятельности центра (школа, детский сад, примэрия, больница и т.д.). Они могут служить базой для команды социального ассистента и социальных работников, работающих в дан- ном сообществе. В центре также могут предоставляться услуги неограниченного доступа, например, внеш- кольные кружки, группы поддержки для лиц преклонного возраста, матери и ребенка, в целях предупре- ждения социального исключения.
Создание и развитие специализированных социальных услуг 80. Специализированные социальные услуги адресованы ограниченному числу пользователей (около 20%), зачастую перенаправленных из сообщества и нуждающихся в реабилитации либо интенсивной помо- щи со стороны специалистов с соответствующим уровнем квалификации. Учитывая тот факт, что специа- лизированные социальные услуги часто ориентированы на восстановление, они являются более дорогосто- ящими, нежели первичные социальные услуги. Решение о создании подобных служб должно приниматься на основании оценки потребностей и возможностей сообщества. 81. Типы специализированных социальных услуг, которые будут предоставляться согласно настоящей Программе, схожи с услугами, предоставляемыми на сегодняшний день: специализированные консульта- ции, специализированные услуги дневного ухода (включая услуги в области медицины и социальной за- щиты, такие как трудотерапия, психотерапия и логопедия), центры временного помещения (включая приют для молодых людей, покидающих систему стационарного ухода, либо приют на установленный период для лиц без определенного места жительства), поддержка заместительных семей, материальная помощь в реин- теграции детей из учреждений интернатного типа в семьи, поддержка в протезировании, оказание помощи в передвижении и адаптации к среде проживания. 82. Специализированные социальные услуги будут предоставляться на всех административных уровнях (сообщества, районном, национальном) на основании выявленных потребностей населения и исходя из су- ществующего потенциала. Органы местного публичного управления должны разрабатывать меры защиты путем создания специализированных социальных услуг либо путем закупки услуг или элементов социаль- ных услуг, развитых гражданским обществом.
Создание и развитие высокоспециализированных социальных услуг 83. В то же время число первичных и специализированных социальных услуг увеличится для покрытия потребностей лиц, покидающих стационарные учреждения, в особенности детей, реинтегрируемых в заме- стительные семьи в рамках программы дезинституционализации. В результате постепенно отпадет необхо- димость в некоторых стационарных учреждениях и они будут закрыты либо трансформированы в другие службы. Данный процесс дезинституционализации уже утвержден Правительством.
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84. Для очень ограниченной группы пользователей со специфическими проблемами (около 2%), нужда- ющихся в круглосуточном уходе, будут сохранены некоторые услуги на национальном уровне (санаторно- курортная реабилитация, услуги протезирования и ортопедии) и будут созданы новые высокоспециализи- рованные социальные услуги: услуги специализированных центров (центров реабилитации жертв насилия, центров реабилитации жертв торговли людьми, центров постпенитенциарной реабилитации и др.), стацио- нарные учреждения (психоневрологические интернаты) либо услуги на дому. Развитие новых высокоспе- циализированных услуг должно основываться на детальном анализе последствий помещения в подобные службы, а также их экономической и социальной устойчивости. Данные службы могут координировать органы местного публичного управления путем заключения соглашений с поставщиками услуг. 85. Стоимость за единицу высокоспециализированной социальной услуги обычно очень высокая. Высокая стоимость и ограниченное число пользователей ведут к необходимости проведения периодической оценки потребностей заявителей в целях обеспечения разумного использования имеющихся ресурсов и гибкой пере- ориентации данных услуг согласно текущим потребностям населения. Решения о развитии новых социальных услуг должны быть аргументированы на основании учета и отображения изолированных лиц, взятых на себя обязательств и имеющихся финансовых и человеческих ресурсов.
Оценка влияния и затрат 86. Задачи настоящей Программы, а также обязательство Правительства снизить наполовину число де- тей, помещенных в учреждения интернатного типа к 2012 году, могут быть выполнены только в случае пре- доставления необходимого финансирования социальных служб в сообществе, специализированных служб (там, где это необходимо) и создания механизма предупреждения институционализации. Наращивание потенциала услуг в сообществе позволит сэкономить финансовые средства на предоставление специали- зированных и высокоспециализированных социальных услуг, поскольку лица смогут получать помощь в службах согласно своим потребностям. Стоимость каждого случая будет ниже, что позволит обслужить большее число пользователей. 87. Оценочная стоимость настоящей Программы может вписаться в существующий бюджет, состоящий из средств национального публичного бюджета, предусмотренных для работы сектора социальной защиты в Среднесрочном прогнозе расходов на 2008-2010 годы и в Национальном плане развития на 2008-2011 годы, и финансовых ресурсов донорских организаций. В то же время понадобятся перераспределение и более разумное направление финансовых ресурсов. Средства, которые высвободятся в результате дезин- ституционализации (снижение числа детей и персонала в системе интернатного типа), необходимо перена- править на коммунитарные социальные услуги в сообществе. В целях выполнения задач настоящей Про- граммы МСЗСР включит меры в Среднесрочный прогноз расходов и предпримет усилия по направлению деятельности доноров в области, не имеющие покрытия из национального публичного бюджета.
VII. Риски и угрозы в процессе реализации Программы 88. В контексте административной децентрализации может возникнуть риск того, что не все органы мест- ного публичного управления обеспечат уровень социальных услуг, соответствующих потребностям населе- ния. Подобные расхождения связаны с уровнем компетентности и готовности органов местного публичного управления выполнять взятые на себя обязательства по идентификации, установлению приоритетов и выде- лению финансовых ресурсов на развитие услуг и решение социальных проблем. 89. МСЗСР должно обеспечить устойчивое развитие комплексной системы социальных услуг даже тог- да, когда они децентрализованы, а орган местного публичного управления должен пользоваться достаточ- ной поддержкой в расширении сферы своей компетенции и укрепления потенциала по развитию и дивер- сификации социальных услуг в зависимости от потребностей сообщества.
VIII. Ожидаемые результаты и показатели прогресса 90. Выполненные меры как часть настоящей Программы подлежат мониторингу в целях измерения ре- зультатов и оценки ее влияния на развитие эффективной и действенной интегрированной системы соци- альных услуг. Будет отображен уровень прогресса на пути достижения конечной цели – улучшения качества жизни групп населения, находящихся в затруднительном положении и в ситуации риска. Соответствующие показатели будут указаны в логической матрице и использованы в качестве инструмента оценки и наблюде- ния за процессом реализации Программы. Мониторинг и оценка будут проводиться на разных уровнях (центральном, первом и втором), а также на уровне социальных услуг. Коммунитарный социальный ассистент будет заниматься сбором данных о пользо- вателях системы социальной помощи как части учета случаев, а сводная информация позволит планировать
280 дополнительные нормативные акты
социальные услуги, анализировать национальные тенденции и разрабатывать долгосрочные планы в рамках политики социальных услуг. 91. Результаты наблюдения и оценки будут также использованы в целях выявления, сведения к миниму- му и предупреждения новых рисков.
IX. Этапы реализации Программы 92. Настоящая Программа предусматривает долгосрочную концепцию создания комплексной системы со- циальных услуг, подлежащую постоянному усовершенствованию и адаптации к социальному контексту. На- стоящая Программа предоставляет реалистичную базу для внедрения, обусловленную развитием организа- ционного и операционного потенциала государства, неправительственного и частного секторов, доступности финансовых ресурсов из национального бюджета, а также обязательств международных доноров в плане по- вышения уровня эффективности работы системы социальной помощи. 93. Последовательное внедрение настоящей Программы будет осуществляться, в соответствии с процес- сами планирования центральных органов публичного управления, в три этапа: на краткосрочной, средне- срочной и долгосрочной основе. 94. Программа сопровождается планом действий, в котором представлен порядок мероприятий по ее реализации. Данный план подлежит ежегодному пересмотру как части процесса мониторинга и соотнесе- нию с имеющимися финансовыми ресурсами.
Краткосрочные меры (до конца 2009 бюджетного года) 95. Данный период включает три приоритета: a) продолжение процесса развития коммунитарных и специализированных социальных услуг, коорди- нируемого МСЗСР совместно с отраслевыми министерствами и выполняемого органами местного публич- ного управления первого и второго уровней, организациями гражданского общества; b) обеспечение качества и эффективности комплексной системы социальных услуг; c) разработка и начало реализации плана информационного посредничества в контексте создания ком- плексной системы социальных услуг. 96. Развитие коммунитарных социальных услуг и специализированных социальных услуг. Механизм предупреждения помещения пользователей в стационарные учреждения, нацеленный на снижение потока детей, помещаемых в учреждения интернатного типа, и услуги семейного помещения будут расширены, особенно в районах, в которых стационарные учреждения будут закрыты в течение последующих трех лет. В целях развития социальных услуг для всех групп пользователей МСЗСР поддержит инициативу органов местного публичного управления по оценке необходимости развития социальных услуг, разработке мест- ных стратегий развития и диверсификации социальных услуг на основании проведенной оценки. МСЗСР окажет поддержку регионам с наибольшими потребностями либо с наиболее широкими возможностями в плане достижения незамедлительного положительного результата. 97. Обеспечение качества и эффективности комплексной системы социальных услуг. Деятельность вклю- чает: (i) разработку, приведение в соответствие и применение нормативных документов; (ii) развитие и на- ращивание потенциала организационной структуры с разделением основных обязанностей и ответственно- сти по административным уровням; (iii) создание системы непрерывного профессионального обучения для персонала, занятого в системе социальной помощи, включая систему наблюдения; (iv) разработка стандартов качества и создание системы аккредитации и инспекции социальных услуг. 98. План работы по связям с общественностью. Для успешного внедрения настоящей Программы реали- зации Стратегии необходимо, чтобы общественность осознавала и понимала причины, по которым нужны перемены, и каковы преимущества комплексной системы социальных услуг. Активная кампания информаци- онного посредничества могла бы повлиять на отношение населения к социальным услугам и способствовать росту доверия к социальным услугам, предоставляемым на местном уровне.
Среднесрочные меры (до конца 2011 г.) 99. Период до конца 2011 года согласован с процессами среднесрочного планирования в рамках На- циональной стратегии развития на 2008-2011 годы, Среднесрочного прогноза расходов (СПР) на 2009-2011 годы и Плана институционального развития Министерства социальной защиты, семьи и ребенка на 2009- 2011 годы. 100. Приоритетные мероприятия, запланированные на данный период:
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a) поддержка органов местного публичного управления первого и второго уровней в процессе развития социальных услуг; b) разработка и внедрение унифицированных и стандартизованных механизмов и процедур предостав- ления социальных услуг, адресованных всем группам пользователей; c) разработка механизмов аккредитации, инспекции в области социальной помощи и закупки социаль- ных услуг; d) разработка и внедрение механизма наблюдения и оценки качества социальных услуг, предоставляе- мых на местном уровне.
Долгосрочные меры (после 2011 года) 101. При осуществлении мероприятий, предусмотренных на данный период, будут приниматься во вни- мание текущее положение и прогресс, достигнутый на протяжении предыдущих периодов. В целях обеспе- чения качества предоставляемых социальных услуг акцент будет ставиться на наращивание потенциала и диверсификацию услуг, предоставляемых всем группам пользователей на всех уровнях публичного управ- ления и развитие потенциала человеческих ресурсов.
X. Мониторинг и оценка Программы 102. В целях оценки влияния настоящей Программы на процесс создания и развития эффективной ком- плексной системы социальных услуг все проводимые мероприятия должны подвергаться наблюдению и оценке в рамках системы управления. 103. Мониторинг и оценка внедрения настоящей Программы будут осуществляться по административ- ным уровням, на уровне каждого ответственного публичного учреждения с использованием единой систе- мы, основанной на качественных и количественных показателях. Внедрение строгой системы мониторинга и оценки будет способствовать максимальному повышению эффективности влияния интегрированной си- стемы социальных услуг в целях соблюдения принципов системы и потребностей пользователей и в то же время позволит избежать формирования постоянной зависимости от системы. 104. Качество, корректность и эффективность принимаемых мер будут отражать порядок применения на практике задач, намеченных в настоящей Программе. Релевантные показатели будут установлены в ло- гической матрице и будет использоваться как инструмент оценки и мониторинга внедрения Программы. 105. Результаты процесса мониторинга и оценки составят важный источник информации для оценки социальной политики и разработки новых стратегий в области социальной помощи, а также для предупре- ждения новых рисков. 106. Непрерывная оценка социальной политики позволит разработать последовательную политику, ко- ординировать стратегии на основе адекватного знания реального положения.
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26. ПОСТАНОВЛЕНИЕ Nr. 290 от 15.04.2009 об утверждении Правил выдачи справки о взятии на учет остающегося в стране ребенка, родитель/опекун (попечитель) которого, гражданин Республики Молдова, временно трудоустраивается за рубежом*
В целях исполнения положений подпункта d) статьи 16 и подпункта d) пункта 3 статьи 22 Закона № 180- XVI от 10 июля 2008 года о трудовой миграции (Официальный монитор Республики Молдова, 2008 г., № 162-164, ст. 598)
Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить Правила выдачи справки о взятии на учет остающегося в стране ребенка, родитель/опекун (попечитель) которого, гражданин Республики Молдова, временно трудоустраивается за рубежом (прила- гаются). 2. Контроль за исполнением настоящего Постановления возложить на Министерство социальной за- щиты, семьи и ребенка.
Премьер-министр Зинаида ГРЕЧАНЫЙ Контрассигнуют: первый зам.премьер-министра, министр экономики и торговли Игорь ДОДОН министр социальной защиты, семьи и ребенка Галина Балмош № 290. Кишинэу, 15 апреля 2009 г.
Утверждены Постановлением Правительства № 290 от 15 апреля 2009 г.
Правила выдачи справки о взятии на учет остающегося в стране ребенка, родитель/опекун (попечитель) которого, гражданин Республики Молдова, временно трудоустраивается за рубежом
1. Справка о взятии на учет остающегося в стране ребенка, родитель/опекун (попечитель) которого, гражданин Республики Молдова, временно трудоустраивается за рубежом (в дальнейшем – справка), выда- ется отделами/управлениями социального обеспечения и защиты семьи, управлением по покровительству и защите несовершеннолетних муниципия Кишинэу, выполняющими функции органа опеки и попечитель- ства по запросу родителя/опекуна (попечителя), гражданина Республики Молдова, временно трудоустраи- вающегося за рубежом (в дальнейшем – заявитель). 2. К заявлению о выдаче справки а) родитель ребенка прилагает следующие документы: удостоверение личности (копия); удостоверение личности мужа/жены (копия); свидетельство о браке/разводе/смерти одного из родителей ребенка (копия); свидетельство о рождении ребенка (копия); справка о составе семьи, выданная органом местного публичного управления или жилищно- эксплуатационной службой либо другими учреждениями, на балансе которых находится жилищный фонд; b) опекун (попечитель) прилагает следующие документы: удостоверение личности (копия); свидетельство о рождении ребенка (копия).
* Опубликован: 24.04.2009 в Monitorul Oficial Nr. 80-81 статья № : 341
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3. В случае, если ребенок остается на попечении одного из родителей, заявитель прилагает к заявлению справку, подтверждающую способность родителя, на попечении которого останется ребенок, исполнять свои родительские права и обязанности, в соответствии с положениями Семейного кодекса, выданную по месту жительства родителя, который будет ухаживать за ребенком, органам опеки и попечительства административно-территориальной единицы первого уровня, а в муниципии Кишинэу – секторальными управлениями по покровительству и защите несовершеннолетних. 4. В случае, если в результате временного трудоустройства родителя/опекуна (попечителя) ребенка по- следний остается в стране без законного представителя, орган опеки и попечительства указывает в справке форму защиты, примененную к ребенку согласно части (2) статьи 115 Семейного кодекса. 5. В случаях, указанных в пункте 3, отделы/управления социального обеспечения и защиты семьи, управ- ление по покровительству и защите несовершеннолетних муниципия Кишинэу выдают справку согласно формуляру ECPAMS-1, а в случаях, указанных в пункте 4, – согласно формуляру ECPAMS-2, в соответствии с приложениями № 1 и 2 к настоящим Правилам. 6. На каждого ребенка, находящегося на попечении заявителя, выдается отдельная справка. 7. Справка действительна в течение 3 месяцев с даты выдачи.
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27. ПОСТАНОВЛЕНИЕ об утверждении Типового положения об организации и функционировании центров реабилитации жертв насилия в семье N 129 от 22.02.2010 Мониторул Офичиал N 30-31/176 от 26.02.2010
*** В целях исполнения положений Закона № 45-XVI от 1 марта 2007 года о предупреждении и пресечении насилия в семье (Официальный монитор Республики Молдова, 2008 г., № 55-56, ст.178) Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить Типовое положение об организации и функционировании центров реабилитации жертв насилия в семье (прилагается). 2. Центрам, предоставляющим услуги по поддержке и защите жертв насилия в семье, утвердить соб- ственные положения об организации и функционировании на основании указанного Типового положения. 3. Министерству труда, социальной защиты и семьи координировать открытие такого рода центров на территории страны и осуществлять мониторинг их деятельности.
ПРЕМЬЕР-МИНИСТР Владимир ФИЛАТ
Контрассигнуют: министр труда, социальной защиты и семьи Валентина Булига министр внутренних дел Виктор Катан министр финансов Вячеслав Негруца
Кишинэу, 22 февраля 2010 г. № 129. Утверждено Постановлением Правительства № 129 от 22 февраля 2010 г.
ТИПОВОЕ ПОЛОЖЕНИЕ об организации и функционировании центров реабилитации жертв насилия в семье I. ОБЩИЕ ПОЛОЖЕНИЯ 1. Центр реабилитации жертв насилия в семье (в дальнейшем – Центр) является специализированным учреждением, предоставляющим временное прибежище и помощь жертвам насилия в семье. 2. Центр осуществляет свою деятельность в соответствии с действующим законодательством, мини- мальными стандартами качества в данной области и настоящим Положением. 3. Мониторинг и оценка деятельности Центра осуществляются учредителями и территориальным орга- ном социальной защиты в определенный срок либо по его просьбе путем представления отчетов о деятель- ности. 4. Центр является юридическим лицом, обладает печатью и банковским счетом. 5. Деятельность центра основана на следующих принципах: 1) соблюдение и продвижение прав, интересов и достоинства лиц, которым оказывается поддержка; 2) соблюдение высшего интереса ребенка и его прав; 3) недискриминация; 4) обеспечение конфиденциальности и профессиональной этики;
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5) уважение мнения лиц, которым оказывается поддержка (взрослого или ребенка); 6) междисциплинарность и мультидисциплинарность; 7) обеспечение доступа к качественным услугам; 8) открытость в отношении сообщества. 6. Задачей Центра являются предоставление временного убежища и помощи жертвам семейного наси- лия, социализация и реинтеграция в семью и/или общество.
II. ОРГАНИЗАЦИЯ И ФУНКЦИОНИРОВАНИЕ ЦЕНТРА 7. Центр может создаваться: 1) правительством по предложению Министерства труда, социальной защиты и семьи; 2) органами местного публичного управления по предложению комиссии по социальным вопросам; 3) международными и неправительственными организациями с информированием Министерства тру- да, социальной защиты и семьи; 4) органами местного публичного управления и неправительственными или частными организациями на основе договора о совместной деятельности. 8. Предметом деятельности Центра является предоставление бесплатных специализированных социаль- ных услуг в соответствии с минимальными стандартами качества, а также специфическими и реальными потребностями каждого бенефициария: 1) обеспечение приема, защиты и временного прибежища жертвам семейного насилия; 2) оказание услуг личной гигиены; 3) оказание срочной юридической, социальной, психологической и медицинской помощи; 4) предоставление информационной поддержки в поиске жилища, дошкольного или школьного учреж- дения; 5) предоставление неформального образования в целях усвоения необходимых для социальной интегра- ции знаний и навыков; 6) содействие социализации и развитию отношений с обществом и/или семьей; 7) обеспечение доступа и предоставление информации бенефициару о системе социальной защиты; 8) разработка, совместно с бенефициаром, индивидуального плана защиты от любой формы устраше- ния, дискриминации, насилия и эксплуатации; 9) поддержка родителей и ребенка/детей в смысле развития самостоятельности, которая бы облегчила их реинтеграцию в семью и/или общество; 10) мониторинг положения бенефициаров после реинтеграции в семью и общество. 9. Срок пребывания бенефициаров в Центре не должен превышать 3 месяцев – период, в течение которого власти и персонал Центра совместно с бенефициаром должны найти долговременное решение. 10. Максимальная вместительность Центра – 30 человек. 11. Центр оснащен согласно стандартам качества, в соответствии с индивидуальными и возрастными особенностями бенефициаров. 12. Помощь, оказываемая каждому бенефициару, осуществляется на основе индивидуального плана вмешательства, разрабатываемого социальным работником-координатором Центра, ответственным за определенный случай. Отсылка бенефициара к другим специализированным службам общества и его реин- теграция в семью и/или общество координируются мультидисциплинарной командой. 13. Центр: предоставляет в пределах своей компетенции и в зависимости от нужд бенефициаров медицинскую по- мощь. Первичная и специализированная медицинская помощь обеспечивается территориальными меди- цинскими подразделениями согласно законодательству; оказывает услуги по реинтеграции жертвы в семью и/или общество путем: 1) проведения работы с семьей бенефициара; 2) направления в службы профессиональной ориентации; 3) оказания помощи в трудоустройстве; 4) мониторинга и оценки ситуации на протяжении года с момента реинтеграции в семью и/или обще- ство; 5) обеспечения доступа детей к образовательным службам в сообществе (школа, детский сад и др.). 14. Образовательные услуги предоставляются образовательными учреждениями в сообществе. Сотруд- ники Центра помогают детям в выполнении домашних заданий.
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15. Услуги Центра не оказываются агрессивным (вербально и/или физически) лицам, лицам в состоянии алкогольного или наркотического опьянения, лицам с инфекционными заболеваниями, а также лицам, на- ходящимся в состоянии аффекта. 16. Качество предоставляемых Центром услуг подлежит периодической оценке органом аккредитования социальных услуг. 17. Для обеспечения безопасности бенефициаров Центр пользуется безопасностью и охраной согласно законодательству. 18. Органы местного публичного управления, по необходимости, могут предоставлять здания для дея- тельности Центра.
III. РАЗМЕЩЕНИЕ БЕНЕФИЦИАРОВ В ЦЕНТРЕ 19. В группу бенефициариев, пользующихся предоставляемыми в Центре услугами, входят жертвы се- мейного насилия – женщины, мужчины, пары мать-ребенок/дети и отец-ребенок/дети. Дети могут быть размещены в Центре только в сопровождении родителя или законного представителя. Индивидуальное размещение детей запрещено. Центры должны специализироваться в зависимости от пола бенефициаров (Центры реабилитации женщин – жертв семейного насилия и Центры реабилитации мужчин – жертв се- мейного насилия, по необходимости). 20. Помещение взрослого бенефициара в Центр осуществляется в порядке, установленном настоящим Положением по его прямой просьбе либо по представлению территориальным органом социальной защи- ты или органом внутренних дел личного дела бенефициара, либо по направлению данного лица другим органом местного публичного управления, другими уполномоченными учреждениями. 21. Помещение бенефициаров происходит в случае, если подтверждается прямая угроза жизни или здо- ровью лица и/или его ребенка/детей. 22. Помещение бенефициара в Центр является добровольным, носит временный характер и включает состав- ление личного дела бенефициара, комплексную оценку и разработку индивидуального плана вмешательства. 23. Личное дело бенефициара заполняется специалистами Центра. 24. Комплексная оценка бенефициара осуществляется соответствующим менеджером совместно с со- циальным ассистентом сообщества. Индивидуальный план услуг пересматривается ежемесячно или по не- обходимости для его корректировки в соответствии с вновь возникшими социальными нуждами. 25. Услуги, указанные в пункте 8 настоящего Положения, обеспечиваются специализированным пер- соналом Центра, партнерами Центра и добровольцами из неправительственных организаций, с которыми сотрудничает Центр. 26. На каждого бенефициара Центра заводится личное дело, которое включает личные данные, данные о семье, профессии, медицинскую книжку и другие необходимые и полезные в каждом отдельном случае документы, социальную анкету, в которой указаны причины возникновения ситуации социального риска и персональный план вмешательства. 27. Подготовка к выписке бенефициара из Центра осуществляется соответствующим менеджером под надзором руководителя Центра и в сотрудничестве с территориальным органом социальной помощи и за- щиты семьи и мультидисциплинарной командой. 28. После выписки бенефициара из Центра услуги консультации, сопровождения и эмоциональной под- держки остаются в его распоряжении до полноценной интеграции в семью и/или общество.
IV. РУКОВОДСТВО И ПЕРСОНАЛ ЦЕНТРА 29. Руководит Центром лицо с высшим образованием в одной из следующих областей: педагогика, пси- хология, психопедагогика, социальная помощь, право, медицина. Должность руководителя Центра может быть совмещена с другой должностью. 30. Руководитель назначается на должность и освобождается от должности учредителем Центра соглас- но действующему законодательству. В случае, когда существуют несколько учредителей, менеджер назнача- ется на должность и освобождается от должности общим собранием. 31. В своей деятельности руководитель Центра руководствуется соответствующими нормативными и законодательными актами, распоряжениями органов центрального и местного публичного управления и настоящим Положением. 32. Руководитель Центра управляет всеми ресурсами, имеет право нанимать и увольнять персонал в соответствии с законодательством и несет ответственность за юридическую и административную деятель- ность Центра.
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33. Руководитель Центра отвечает за организацию деятельности Центра и качество предоставляемых услуг. Руководитель гарантирует бенефициарам доступ к услугам поддержки. 34. Руководитель Центра обеспечивает: 1) функционирование Центра согласно минимальным стандартам качества; 2) управление финансовыми и материальными ресурсами Центра согласно Национальным стандартам бухгалтерского учета; 3) организацию и оценку деятельности персонала Центра согласно должностным обязанностям; 4) заполнение и представление бланков и отчетов о деятельности Центра учредителям, центральным и/ или местным органам публичного управления; 5) учет случаев семейного насилия и сообщение о них территориальному органу социальной защиты на основе утвержденных формуляров; 6) исследование и обобщение причин и условий совершения актов насилия в семье; 7) конфиденциальность программы и реестров бенефициаров; 8) представление Центра в отношениях с другими публичными или частными учреждениями; 9) доступ и контроль за постоянным обучением персонала. 35. Руководитель Центра созывает заседания по планированию деятельности Центра еженедельно или по необходимости. 36. Руководитель Центра заключает договоры о предоставлении специализированных услуг с другими профильными организациями/учреждениями, по необходимости. Также заключает соглашения о сотруд- ничестве с территориальными правовыми органами в целях обеспечения физической безопасности бене- фициаров и безопасности учреждения. 37. В случае временной неспособности исполнять обязанности руководителя ответственность за над- лежащее функционирование Центра возлагается на заместителя руководителя. 38. Персонал Центра формируется из специалистов, соответствующих нуждам его функционирования, согласно действующему законодательству. 39. Персонал Центра нанимается на конкурсной основе в соответствии с законодательством. 40. Конкурсная комиссия состоит из руководителя, представителей учредителя Центра и территориаль- ного органа социальной помощи. 41. Персонал нанимается на работу на основе индивидуального трудового договора, заключенного в со- ответствии с законодательством в данной области. 42. В момент трудоустройства, а впоследствии каждые 6 месяцев нанятый персонал проходит медицин- ское обследование согласно законодательству. 43. Нанятый персонал Центра обязан хранить конфиденциальность данных о личной жизни бенефи- циаров, которые он получает во время исполнения должностных обязанностей, не требовать и не получать ненадлежащую выгоду за проделанную работу. 44. С согласия предварительно информированной жертвы персонал Центра в установленные сроки со- общает в компетентные органы о совершении актов насилия в семье с учетом законодательства в данной области. 45. Структура и штатное расписание Центра устанавливаются и утверждаются учредителями в соот- ветствии с минимальными стандартами качества, целью и задачами Центра и положениями действующего законодательства в области труда. 46. Центр работает по специальному расписанию круглосуточно, руководствуясь необходимостью в размещении, поддержке, реабилитации и реинтеграции жертв семейного насилия. 47. Персонал осуществляет свою деятельность согласно должностным обязанностям в предназначенном для Центра помещении, в соответствии с установленным графиком работы и индивидуальными програм- мами помощи жертвам семейного насилия. 48. Структура и подготовка персонала должны соответствовать задачам Центра. 49. Оплата труда персонала Центра осуществляется в соответствии с законодательством.
V. ФИНАНСИРОВАНИЕ ЦЕНТРА 50. Расходы, связанные с деятельностью Центра, покрываются общим бюджетом учредителей. 51. Центр может финансироваться из государственного бюджета, бюджетов административно- территориальных единиц, за счет пожертвований, грантов и других источников согласно законодательству.
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52. Центр использует основные фонды из имущества публичной административно-территориальной единицы или любые другие фонды, происходящие из пожертвований, спонсорства и т.д., в соответствии с законодательством. 53. Материальную и финансовую поддержку организации и функционированию Центра могут оказы- вать экономические агенты и предприниматели в соответствии с Законом № 1420-XV от 31 октября 2002 года о благотворительности и спонсорстве.
VI. ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ 54. Деятельность Центра прекращается на основании решения учредителей с информированием Мини- стерства труда, социальной защиты и семьи в соответствии с Гражданским кодексом Республики Молдова № 107-XV от 6 июня 2002 г. 55. После прекращения деятельности Центра его имущество передается учредителям в соответствии с размером взноса каждого из них.
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28. ПОСТАНОВЛЕНИЕ о создании Национального координационного совета национальных программ по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберкулеза N 825 от 03.08.2005 Мониторул Офичиал ал Р.Молдова N 107-109/893 от 12.08.2005
*** Правительство ПОСТАНОВЛЯЕТ: 1. Создать Национальный координационный совет национальных программ по профилактике и кон- тролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберкулеза. 2. Утвердить: персональный состав Национального координационного совета национальных программ по профилак- тике и контролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберку- леза, согласно приложению N 1; Положение о Национальном координационном совете национальных программ по профилактике и кон- тролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберкулеза, соглас- но приложению N 2. 3. Установить, что в случае освобождения членов совета от занимаемых должностей их функции в со- ставе совета будут выполняться вновь назначенными на эти должности лицами, без издания нового поста- новления Правительства. 4. Признать утратившими силу некоторые постановления Правительства согласно приложению N 3.
ПРЕМЬЕР-МИНИСТР Василе ТАРЛЕВ
Контрассигнуют: министр здравоохранения и социальной защиты Валериан РЕВЕНКО министр просвещения, молодежи и спорта Виктор ЦВИРКУН
Кишинэу, 3 августа 2005 г. N 825. Приложение N 1 к Постановлению Правительства N 825 от 3 августа 2005 г.
ПЕРСОНАЛЬНЫЙ СОСТАВ Национального координационного совета национальных программ по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберкулеза ХОТИНЯНУ Владимир министр здравоохранения, председатель Совета БУЧИНСКИ Юрий начальник управления социального развития, Государственная канцелярия, за- меститель председателя Совета ПОТЫНГ Татьяна заместитель министра просвещения, заместитель председателя Совета КИЛЬЧЕВСКИ Игорь председатель Лиги лиц-носителей ВИЧ/СПИД-инфекции, заместитель председа- теля Совета ФЛОЧА Раиса главный консультант, Государственная канцелярия, секретарь Совета БАРБЭНЯГРЭ Виктор заместитель министра финансов САИНЧУК Серджиу заместитель министра труда, социальной защиты и семьи ЕФРИМ Олег заместитель министра юстиции
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МАГДЕЙ Михай заместитель министра здравоохранения УРСАКИ Думитру заместитель министра внутренних дел ЦУЛЯ Олег заместитель министра молодежи и спорта ВОЛОВЕЙ Виктор исполнительный директор UCIMP ГЕОРГИЦА Штефан заместитель директора Национального научно-практического центра превен- тивной медицины ЧЕРЕСКУ Леонид председатель Национальной конфедерации патронатов ИОНАШКУ Габриела координатор ЮНЭЙДС УРСУ Павел руководитель Координационного бюро ВОЗ в Молдове ГЫЛКЭ Борис координатор ЮНФПА МАРЛЕТ Мелани директор Отделения Всемирного банка в Республике Молдова ЮСТЕР Александра координатор ЮНИСЕФ ИММОНЕН Каарина координатор-резидент PNUD КАЗАКУ Диана координатор программ USAID СОЛТАН Виорел исполнительный директор Центра PAS ФОНАРЬ Антоница председатель, Сеть SIDA УРСУ Виктор исполнительный директор Фонда “Soros-Moldova” ЯЦКО Алла директор Союза неправительственных организаций в сфере снижения вреда БУЛАТ Лилия исполнительный директор НПО “Ajutorul Creştin din Moldova” ДЕРМЕНЖИ Петр координатор ТВ, Бендеры ГОНЧАР Александру координатор ВИЧ, Тирасполь КУРАШОВ Александр представитель Лиги лиц-носителей ВИЧ/СПИД-инфекции БАЛАНЕЦКИ Борис исполнительный директор, АО “Gender-DocM” БЫРКЭ Лариса председатель Общества Красного Креста в Молдове ВИЕРУ Ион начальник Главного управления здравоохранения и социальной защиты автономно-территориального образования Гагаузия [Приложение N 1 изменено Пост.Прав. N 375 от 06.05.2010, в силу 11.05.2010] [Приложение N 1 изменено Пост.Прав. N 462 от 24.03.2008, в силу 01.04.2008]
Приложение N 2 к Постановлению Правительства N 825 от 3 августа 2005 г.
ПОЛОЖЕНИЕ о Национальном координационном совете национальных программ по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберкулеза I. ОБЩИЕ ПОЛОЖЕНИЯ 1. Национальный координационный совет национальных программ по профилактике и контролю ВИЧ/ СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберкулеза (в дальнейшем - На- циональный координационный совет), является межведомственной структурой на национальном уров- не, которая отражает приоритеты и обязательства Республики Молдова по борьбе с туберкулезом, ВИЧ/ СПИД-инфекцией и инфекциями, передаваемыми половым путем. Целью Национального координационного совета является содействие эффективному выполнению ме- роприятий национальных программ по профилактике и контролю туберкулеза, ВИЧ/СПИД-инфекции, ин- фекций, передаваемых половым путем посредством привлечения, координирования, мониторинга и рас- пределения финансовых средств, предоставляемых международными организациями с целью выполнения страной своих обязательств в достижении Целей развития Тысячелетия. 2. Деятельность Национального координационного совета основана на европейских демократических принципах и законодательстве Республики Молдова. При разработке настоящего положения были учтены рекомендации Всемирного фонда по борьбе со СПИДом, туберкулезом и малярией.
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3. Национальный координационный совет осуществляет свою деятельность на основе партнерства меж- ду государственными структурами, международными и неправительственными организациями, исходя из принципа прозрачности и взаимного сотрудничества. 4. Деятельность Национального координационного совета осуществляется на межведомственном и меж- министерском уровнях для обеспечения более активного участия заинтересованных сторон в процессе мо- ниторинга мероприятий по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, по контролю туберкулеза, а также для создания надежной связи между всеми ключевыми факторами, задействованными в разработке, продвижении и реализации национальной политики в области туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем. 5. Деятельностью Национального координационного совета руководит председатель при поддержке его заместителя.
II. ЗАДАЧИ НАЦИОНАЛЬНОГО КООРДИНАЦИОННОГО СОВЕТА 6. Задачи Национального координационного совета вытекают из главных задач национальных программ по профилактике и контролю туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым пу- тем, и предусматривают улучшение эпидемиологической ситуации и здоровья населения посредством: повышения эффективности политики Правительства в области контроля туберкулеза, ВИЧ/СПИД- инфекции и инфекций, передаваемых половым путем; укрепления партнерства между государственными учреждениями, международными и неправитель- ственными организациями в целях повышения качества контроля туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем; обеспечения эффективного взаимного диалога между государственными структурами и неправитель- ственными организациями Молдовы и из-за рубежа. 7. Для достижения своих задач Национальный координационный совет: анализирует причины и условия, которые способствуют распространению туберкулеза, ВИЧ/СПИД- инфекции и инфекций, передаваемых половым путем; способствует уточнению национальных стратегий по надзору, контролю и профилактике туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, мониторизируя их внедрение; определяет размер и вносит Правительству предложения о выделении в государственном бюджете не- обходимых средств для реализации национальных стратегий в данной области; периодически информирует Правительство и компетентные органы о проведенных мероприятиях, а также о их результатах; вносит предложения о проведении мероприятий по надзору, контролю, профилактике и снижению не- благоприятных социальных последствий в результате туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем; подготавливает предложения о внесении изменений и дополнений в законодательные акты, а также раз- рабатывает новые нормативные акты по надзору, контролю и профилактике ВИЧ/СПИД-инфекции, сни- жению их неблагоприятного социального влияния. Предложения вносятся компетентным органам в соот- ветствии с положениями действующего законодательства; осуществляет мониторинг соблюдения конвенций, договоров и других международных соглашений, стороной которых является Республика Молдова, в части соблюдения прав лиц, носителей туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем; способствует расширению межведомственного партнерства в целях развития и реализации националь- ных программ и обеспечения открытости в процессе принятия решений; утверждает персональный состав рабочих технических групп и ответственных исполнителей за соот- ветствующие отрасли; утверждает годовой план работы секретариата Национального координационного совета, а также пла- ны реализации национальных программ по профилактике и контролю туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, разработанных рабочими техническими группами; выполняет любые другие функции, касающиеся реализации целей и задач, поставленных при создании Национального координационного совета в соответствии с действующим законодательством.
III. СТРУКТУРА НАЦИОНАЛЬНОГО КООРДИНАЦИОННОГО СОВЕТА 8. Национальный координационный совет включает три уровня: уровень, на котором принимаются решения, - члены Национального координационного совета;
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координирующий уровень - секретариат Национального координационного совета; операционный уровень - рабочие технические группы. 9. Уровень, на котором принимаются решения Национального координационного совета, представля- ет собой высший орган руководства советом, включающий представителей министерств, международных агентств и организаций, неправительственных организаций, лиц, инфицированных ВИЧ/СПИД-инфекцией, которые своей деятельностью способствуют развитию и реализации политики здравоохранения в области туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем. 10. Членом Национального координационного совета может быть любое лицо, которое признает и со- гласно с принципами создания Национального координационного совета, участвует в консолидации спо- собности совета и тем самым способствует реализации национальных программ по профилактике и кон- тролю туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем. Правительственные организации и международные агентства представлены в Совете уполномочен- ными лицами, а неправительственные, благотворительные, частные организации, лица, инфицированные ВИЧ/СПИД-инфекцией, делегируют своих кандидатов на основе гласных выборов. Заявление, обоснование и протокол выборов представляются секретариату Национального координационного совета. Выведение из состава Национального координационного совета осуществляется на основании офици- ального заявления, подаваемого на имя председателя совета. Исключение членов из состава Национального координационного совета производится путем голосования не менее 2/3 членов совета. 11. Национальный координационный совет функционирует как национальная группа на принципах консенсуса. Члены совета являются равноправными партнерами с полным правом участия и привлечения к процессу принятия решений, при утверждении резолюций необходимо наличие 2/3 голосов присутствую- щих членов. Члены совета имеют право делегировать свои голоса уполномоченным ими представителям. 12. Члены Национального координационного совета собираются на заседания не реже 4 раз в год. За- седания проводятся по инициативе председателя совета или секретариата совета, а также ходатайству 1/3 его членов с информированием секретариата не менее чем за месяц. Работой заседания руководит предсе- датель совета, а в его отсутствие заместитель председателя. В заседаниях Национального координационного совета могут участвовать приглашенные лица в качестве докладчиков или наблюдателей без права голоса. 13. Координирующий уровень совета обеспечивается его секретариатом, который: разрабатывает годовые планы работы секретариата, устанавливающие предполагаемые даты проведе- ния заседаний совета, а также мероприятия, проводимые между заседаниями. Секретариат обеспечивает техническую поддержку организации заседаний совета; за две недели до проведения заседания секретариат разрабатывает предварительную повестку дня и со- общает ее членам Национального координационного совета для внесения дополнений и изменений. После заседаний членам совета рассылаются протоколы заседаний и другие требуемые материалы посредством электронной почты; подготавливает проекты решений и представляет их для утверждения на заседаниях совета; содействует обмену информации, касающейся выполнения указанных национальных программ между различными партнерами путем издания электронного и печатного варианта информационного бюллетеня; осуществляет мониторинг и обеспечивает деятельность рабочих технических групп, с сохранением про- токолов их заседаний; ежегодно информирует членов совета о проведенных им мероприятиях и постоянно информирует пред- седателя о текущих делах совета. 14. Операционный уровень Национального совета представлен рабочими техническими группами, в со- став которых входят специалисты в области туберкулеза (5 человек) и ВИЧ/СПИД-инфекции (7 человек) из учреждений государственного сектора, неправительственных и международных организаций. В области контроля туберкулеза действуют следующие группы: a) рабочая техническая группа по диагностике туберкулеза; b) рабочая техническая группа по менеджменту классического туберкулеза, полирезистентного туберку- леза и смешанной инфекции ВИЧ/ТБ; c) рабочая техническая группа по контролю туберкулезной инфекции; d) рабочая техническая коммуникационно-профилактическая группа. В области ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, действуют следующие группы: a) рабочая техническая группа по осуществлению эпидемиологического надзора за ВИЧ/СПИД- инфекцией и инфекциями, передаваемыми половым путем; b) рабочая техническая группа по социальной помощи: воспитание и социальная поддержка; c) рабочая техническая группа по снижению вреда;
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d) рабочая техническая группа по лечению и уходу за лицами-носителями ВИЧ/СПИД-инфекции и ин- фекций, передаваемых половым путем; e) рабочая техническая коммуникационно-профилактическая группа; f) добровольное консультирование и тестирование на ВИЧ/СПИД/гепатит; g) социальная помощь и защита для лиц, инфицированных туберкулезом/ВИЧ. Среди рабочих технических групп действует и смешанная группа по мониторингу и оценке туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем. [Пкт.14 дополнен Пост.Прав. N 375 от 06.05.2010, в силу 11.05.2010] 15. Члены рабочих технических групп проводят очередные или внеочередные заседания по необходимо- сти, но не реже 4 раз в год. В своей деятельности они руководствуются рабочим планом, который они раз- рабатывают индивидуально в рамках каждой рабочей группы. План очередных заседаний представляется секретариату Национального координационного совета в целях ознакомления членов совета с тематикой реализованных действий. Шеф и секретарь технической рабочей группы ответственны за составление про- токолов заседаний, которые они представляют секретариату совета. В задачи технических рабочих групп входит: оказание технической поддержки в разработке проектов и стратегий национальных программ по кон- тролю и профилактике туберкулеза, ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем; предоставление технической поддержки в разработке предложений по финансированию мероприятий внешними донорами или агентствами; мониторинг и оценка положения в области туберкулеза, ВИЧ/СПИД-инфекции и инфекций, переда- ваемых половым путем, определение проблем здравоохранения в данной области и участие в разработке национальных политик.
Приложение N 3 к Постановлению Правительства N 825 от 3 августа 2005 г.
СПИСОК постановлений Правительства, признанных утратившими силу 1. Постановление Правительства N 346 от 19 марта 2002 г. "О создании Национального совета по ко- ординации реализации проекта "Поддержка Национальной программы по профилактике ВИЧ/СПИД- инфекции, инфекций, передаваемых половым путем, и Национальной программы контроля туберкулеза" при поддержке Всемирного фонда по борьбе со СПИДом, туберкулезом и малярией" (Официальный мони- тор Республики Молдова, 2002 г., N 43-45, ст.418). 2. Постановление Правительства N 140 от 17 февраля 2004 г. "О внесении изменений и дополнений в По- становление Правительства N 346 от 19 марта 2002 г. __________ Постановления Правительства 825/03.08.2005 Постановление о создании Национального координационного совета национальных программ по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передаваемых половым путем, и контролю туберкулеза //Мониторул Офичиал 107-109/893, 12.08.2005
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29. ПОСТАНОВЛЕНИЕ об утверждении Национальной программы по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем, на 2011-2015 гг. N 1143 от 16.12.2010 Мониторул Офичиал N 254-256/1286 от 24.12.2010
*** Во исполнение статей 6, 7, 9 и 72 Закона № 10-XVI от 3 февраля 2009 года о государственном надзоре за общественным здоровьем (Официальный монитор Республики Молдова, 2009 г., № 67, ст.183), статьи 4 Закона № 23-XVI от 16 февраля 2007 года о профилактике ВИЧ/СПИД-инфекции (Официальный монитор Республики Молдова, 2007 г., № 54-56, ст.250) Правительство
ПОСТАНОВЛЯЕТ: 1. Утвердить Национальную программу по профилактике и контролю ВИЧ/СПИД-инфекции и инфек- ций, передающихся половым путем, на 2011-2015 гг. (прилагается). 2. Муниципальным советам Кишинэу и Бэлць, администрации Автономного территориального образо- вания Гагаузия (Гагауз-Ери) и районным советам рекомендуется: обеспечить разработку, утверждение и реализацию территориальных программ по профилактике и кон- тролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем, на 2011-2015 гг.; создать территориальные комиссии по профилактике и борьбе с ВИЧ/СПИД-инфекцией и инфекциями, передающимися половым путем, наделенные функциями по организации и контролю за выполнением тер- риториальных программ по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем. 3. Органам местного публичного управления: разработать и утвердить операциональные планы для внедрения Национальной программы по профи- лактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем, на 2011-2015 гг.; информировать Министерство здравоохранения ежегодно до 5 марта о выполнении Национальной программы по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым пу- тем, на 2011-2015 гг. 4. Установить, что финансирование Национальной программы по профилактике и контролю ВИЧ/ СПИД-инфекции и инфекций, передающихся половым путем, на 2011-2015 гг. будет осуществляться за счет и в пределах средств государственного бюджета, а также средств, поступающих от международных органи- заций, пожертвований и грантов. 5. Контроль за выполнением настоящего постановления возложить на Министерство здравоохранения.
ПРЕМЬЕР-МИНИСТР Владимир ФИЛАТ
Контрассигнуют: министр здравоохранения Владимир Хотиняну министр финансов Вячеслав Негруцa министр труда, социальной защиты и семьи Валентина Булига министр юстиции Александру Тэнасе министр просвещения Леонид Бужор министр молодежи и спорта Ион Чeбану
Кишинэу, 16 декабря 2010 г. № 1143.
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Утверждена Постановлением Правительства № 1143 от 16 декабря 2010 г.
НАЦИОНАЛЬНАЯ ПРОГРАММА по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем, на 2011-2015 годы Глава I ВВЕДЕНИЕ 1. Согласно классификации Всемирной организации здравоохранения (в дальнейшем – ВОЗ) инфекция ВИЧ/СПИД в Республике Молдова находится в стадии концентрированной эпидемии с преобладанием пе- редачи инфекции гетеросексуальным путем, с уменьшением выявления новых случаев среди потребителей инъекционных наркотиков (в дальнейшем – ПИН). 2. В данной эпидемиологической ситуации необходимо осуществлять разработку стратегий и мер, на- правленных на укрепление здорового образа жизни, изменение рискованного поведения, способствующего инфицированию ВИЧ-инфекции посредством разработки и внедрения профилактических мероприятий, обеспечения лечения, ухода и поддержки людей, живущих с ВИЧ (в дальнейшем – ЛЖВ). 3. Правительство посредством Национальной программы по профилактике и контролю ВИЧ/СПИД- инфекции и инфекций, передающихся половым путем (в дальнейшем – Программа), обеспечивает коор- динацию ответных мер, направленных на ВИЧ-инфекцию и инфекции, передающиеся половым путем (в дальнейшем – ИППП), на период 2011- 2015 гг. 4. Приоритетные направления деятельности, указанные в Программе, будут внесены в операциональ- ные планы, которые обеспечат процесс их внедрения. 5. Республика Молдова принимает активное участие в выполнении Глобальных обязательств и Целей развития тысячелетия, цели 6 “Остановить распространение ВИЧ/СПИДа и туберкулеза к 2015 году и из- менить сложившуюся тенденцию”, Декларации, подписанной на Специальной сессии Генеральной Ассам- блеи Организации Объединенных Наций (в дальнейшем – ООН) по проблемам ВИЧ/СПИДа в июне 2001 года, инициативы всеобщего доступа и стратегических результатов. В то же время Программа разработана с целью поддержки Национальной стратегии развития и Стратегии развития системы здравоохранения на 2008-2017 гг., а также Национальной политики в области здравоохранения.
Глава II АНАЛИЗ АКТУАЛЬНОЙ СИТУАЦИИ 6. ВИЧ/СПИД-инфекция продолжает оставаться приоритетной проблемой общественного здоровья. По состоянию на 1 июня 2010 года кумулятивно было зарегистрировано 5999 новых случаев инфицирования ВИЧ, включая 1891 – на территории Приднестровья. В 2009 году наблюдалось незначительное снижение количества вновь выявленных случаев – 704 (17,12 на 100000 населения) по сравнению с 795 в 2008 году (соответственно 19,27 на 10000). Процесс распространения ВИЧ-инфекции охватил все административные территории, в которых наблюдается различный уровень распространенности инфекции. Наиболее высо- кая распространенность на 100000 населения зарегистрирована в муниципиях Бэлць – 804,86 и Кишинэу – 135,86, в районах: Глодень – 141,49, Басарабяска – 122,03, Сынджерей – 109,69. На территории левобережья уровень распространенности ВИЧ-инфекции в 2,73 выше по сравнению с ее уровнем на правом берегу Дне- стра и составляет 453,59 в г.Тирасполе и 531,49 – в районе Рыбница. 7. ВИЧ-инфекция регистрируется среди молодого, трудоспособного, сексуально активного населения. Так, 86,02% из числа вновь выявленных случаев зарегистрированы в возрастной группе 15-39 лет, 23,77% среди молодежи в возрасте 20-24 лет, а 24,99% – среди 25-29-летних. 8. Сохраняется высокий уровень передачи ВИЧ-инфекции гетеросексуальным путем (81,25%), наблюда- ется увеличение числа новых случаев среди сельского населения (34,9%), среди мигрантов (34%) и снижение доли новых случаев среди ПИНов. Ежегодно регистрируется около 80 новых случаев ВИЧ-инфекции среди беременных женщин. В период 1989-2009 гг. диагноз СПИДа был подтвержден у 887 лиц. В 1987-2009 годы в регионах на правом берегу Днестра умерло около 500 человек от инфекции ВИЧ/СПИДа. В Приднестровье в период 1989-2009 гг. от инфекции ВИЧ/СПИДа умерло 490 человек. Из заболеваний, вызванных СПИДом, наиболее частым является туберкулез – 482 случая (54,34% из общего числа больных СПИДом). 9. На сегодняшний день ВИЧ-инфекция поражает как мужское население, так и женское. Однако в неко- торой мере ситуация изменилась: если в 1990-2001 годы эпидемия передавалась путем потребления инъек-
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ционных наркотиков (большинство случаев регистрировалось среди мужчин), то в настоящее время ВИЧ- инфекция преимущественно стала передаваться половым путем. Во всех предложенных основных ответных мерах гендерные вопросы были рассмотрены в качестве приоритетных, включены во все виды деятельно- сти, а также определены адекватные роли для мужчин и женщин. Также учитываются возможности мужчин и женщин с точки зрения социальной, культурной и политической деятельности. Разработаны различные инструменты для мониторинга, оценки и надзора с целью предоставления данных по гендерным критериям и определению основных мероприятий, основанных на гендерном аспекте. Необходимо отметить, что среди мер, ранее предпринятых для борьбы с эпидемией, не были учтены гендерные аспекты, мероприятия были направлены на общее население и лиц из групп с высоким риском инфицирования. Следует отметить, что в начале эпидемии четыре пятых из всех новых случаев ВИЧ-инфекции были за счет ПИНов, которые впо- следствии распространились половым путем среди всего населения и, учитывая огромную роль, которую играют женщины в области репродуктивного здоровья и воспитания детей в семье и обществе, основной упор делается на оказание психологической поддержки, предупреждение нежелательной беременности у ВИЧ-положительных женщин, консультирование и тестирование, планирование семьи, уход и социальную поддержку после родов (продуктовые наборы, одежда, летние лагеря для матерей и детей). 10. Эпидемиологическая ситуация по сифилису и гонорее установилась на постоянном уровне, заболе- ваемость на 100000 населения сифилисом составила 68,26 в 2006 году и 69,5 в 2009, а гонорей – 50,7 и 42,7 соответственно. 11. Оценка Национальной программы по профилактике и контролю ВИЧ/СПИДа и ИППП на 2006-2010 годы, утвержденной Постановлением Правительства № 948 от 5 сентября 2005, продемонстрировала акту- альность этой проблемы, что способствовало укреплению и мобилизации национальных и международных ресурсов для реализации и расширения профилактических стратегий и мероприятий, надзора и контроля, лечения, ухода и поддержки для ЛЖВ и членов их семей. Мероприятия и положения Программы техни- чески и финансово поддерживаются международными организациями Глобальным фондом по борьбе со СПИДом, туберкулезом и малярией, а также другими донорами. 12. Нормативная основа, запрещающая дискриминацию в отношении лиц, инфицированных /постра- давших от ВИЧ/СПИДа или уязвимых к инфекции, была разработана и адаптирована в соответствии с меж- дународными стандартами, с учетом принципа соблюдения прав и достоинств человека и является основой для внедрения комплексных, мультидисциплинарных и межсекторальных мероприятий. 13. Мониторинг и эпидемиологический надзор за ВИЧ-инфекцией находится под постоянным внима- нием соответствующих органов. Для расширения доступа населения к услугам добровольного консульти- рования, тестирования и конфиденциальности в рамках системы здравоохранения была создана служба по добровольному консультированию и тестированию. Так, в течение 2006 года были тестированы на ВИЧ- инфекцию 288783 лиц, а в 2009 – 298314. Эпидемиологический надзор, антиретровирусная терапия (в даль- нейшем – АРТ), лечение оппортунистических инфекций, паллиативный уход и профилактика передачи ВИЧ-инфекции от матери к плоду осуществляется согласно национальным протоколам, разработанным в соответствии с рекомендациями ВОЗ. Также обеспечен универсальный доступ лицам, живущим с ВИЧ, и больным СПИДом к АРТ. 14. В сотрудничестве с гражданским обществом реализуется 49 программ и проектов, основанных на стратегии по уменьшению рисков, профилактике, реабилитации, психосоциальной поддержке и метадо- новой заместительной терапии, среди ПИНов, заключенных, мигрантов и других групп с высоким риском инфицирования в соответствии со стандартами ВОЗ, ЮНЭЙДС, Управления ООН по наркотикам и пре- ступности (в –дальнейшем ЮНОДК).
Глава III ЦЕЛЬ И ЗАДАЧИ ПРОГРАММЫ 15. Цель Программы заключается в пропаганде здорового образа жизни, формировании безопасного поведения, безвредных привычек, в распространении профилактических мероприятий среди населения, в том числе сельского и мобильного, расширении доступа к медицинским услугам (добровольное консульти- рование и тестирование, раннее выявление, лечение, уход и поддержка), а также сохранение эпидемиологи- ческой ситуации ВИЧ-инфекции в стадии концентрированной эпидемии. 16. Задачи Программы: а) заболеваемость ВИЧ к 2015 году не должна превышать 20,0 случаев на 100000 населения в возраст- ной группе 0-39 лет. Основным направлением этой задачи является снижение распространенности ВИЧ- инфекции среди молодых людей репродуктивного возраста и уязвимых групп. Повышение доступа к услугам по профилактике позволит обеспечить выполнение этой задачи. К основным принципам, обеспе- чивающим реализацию профилактических мероприятий – относится: изменение поведения, мобилизация сообществ, мероприятия по принципу равный – равному среди молодежи, работа в местах нахождения
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ПИНов, а также среди мужчин, поддерживающих сексуальные отношения с другими мужчинами (в даль- нейшем – МСМ), работников, которые практикуют коммерческий секс (в дальнейшем – РКС), мигрантов, водителей-дальнобойщиков и т.д. и добровольное консультирование и тестирование населения. b) Смертность людей с ВИЧ/СПИДом среди выявленного контингента к 2015 году должна быть снижена на 10% от расчетного количества. Основным направлением этой задачи является улучшение качества жиз- ни людей с ВИЧ/СПИДом путем обеспечения антиретровирусной терапией, лечения оппортунистических инфекций и заболеваний, связанных с СПИДом, предоставления ухода на дому, социальной защиты, вклю- чая детей-сирот. Создание благоприятной среды, которая позволит повысить приверженность к АРТ, что обеспечит более эффективное наблюдение за пациентом.
Глава IV РУКОВОДЯЩИЕ ПРИНЦИПЫ ДЛЯ ОСУЩЕСТВЛЕНИЯ НАЦИОНАЛЬНОГО ОТВЕТА НА ИНФЕКЦИЮ ВИЧ/СПИДА 17. В качестве основы для руководящих принципов Национальной программы были использованы на- циональные и международные принципы программ в области здравоохранения: a) принцип 1. разработка национального ответа на инфекцию ВИЧ/СПИДа на основе доказательных данных; b) принцип 2. подход, основанный на соблюдении прав человека; c) принцип 3. обеспечение соблюдения гендерного равенства; d) принцип 4. обеспечение универсального доступа к профилактике, лечению и уходу; e) принцип 5. участие обществ и людей, живущих с ВИЧ/СПИДом, в процессе разработки, осуществле- ния и оценки Программы; f) принцип 6. мониторинг и оценка.
Глава V ПРИОРИТЕТНЫЕ ОБЛАСТИ ДЕЯТЕЛЬНОСТИ 18. Программа разработана как комплексная межсекторальная основа, которая будет служить руковод- ством для национального ответа, и предназначена для ее участников. 19. Внедрение Программы будет основываться на следующих приоритетных направлениях: a) укрепление и расширение профилактических мероприятий среди общего населения, в том числе сель- ского, мигрантов и других групп с высоким риском заражения (ПИН, МСМ, РКС и т.д.), создание и обеспе- чение работы единой системы связи для изменения поведения и пропаганды здорового образа жизни, фор- мирование безопасного поведения у детей и подростков из средних, среднеспециальных и высших учебных заведений, дальнейшее развитие услуг по добровольному тестированию и консультированию; b) развитие инфраструктуры и потенциала для расширения всеобщего доступа к медицинской и пал- лиативной помощи путем децентрализации АРТ, укрепление системы медицинских, социальных и паллиа- тивных услуг; c) укрепление и повышение потенциала государственных учреждений и гражданского общества в об- ласти образования и поддержки детей, оставшихся без опеки родителей, и из семей, оказавшихся в затруд- нительном положении; d) развитие и обеспечение функционирования единой национальной межсекторальной, межведом- ственной системы по координированию, управлению и мониторингу мер для обеспечения контроля, про- филактики и лечения ВИЧ/СПИДа и ИППП. Развитие возможностей Национального координационного совета национальных программ по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, пере- даваемых половым путем, и контролю туберкулеза (в дальнейшем – НКС) и ее технических рабочих групп; e) мониторинг Программы будет осуществляться путем проведения операциональных исследований, внедрения системы эпидемиологического надзора, надзора за распространением и устойчивостью вируса, внедрения информационных технологий, ведение менеджмента случая и повышение потенциала лабора- торной диагностики; f) укрепление потенциала человеческих ресурсов посредством формативного обучения и тренингов в области ВИЧ/СПИДа; g) формирование благоприятной среды и развития общества (адвокатская защита и сообщение, инсти- туциональное развитие, права человека, гендерные программы); h) эпидемиологические, клинические, социальные, поведенческие и экономические исследования ин- фекции ВИЧ/СПИДа.
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Глава VI ВЛАДЕЛЬЦЫ ПРАВ И БЕНЕФИЦИАРЫ ПРОГРАММЫ 20. Владельцы прав и бенефициары Программы были определены в зависимости от риска ВИЧ- инфицирования на основе социальной и поведенческой уязвимости и классифицированы согласно приложе- нию 1 к настоящей Программе. Для расчета популяций бенефициаров Программы использовались методологии ЮНЭЙДС/ВОЗ, которые в сотрудничестве с национальными властями применили метод 6 шагов для получения оценок о распространении ВИЧ-инфекции в ходе осуществления национальных программ (5-10 лет). 21. В Республике Молдова, в стране с концентрированной эпидемией, расчет количества бенефициаров, согласно рекомендациям ЮНЭЙДС, получен на основе следующих шагов: a) шаг первый – данные эпидемиологического надзора, собранные для групп повышенного риска: РКС, МСМ и ПИН. Проводится оценка размеров этих групп, а также групп, подверженных значительному риску (например, партнеров ПИН или РКС и т.д.); b) шаг второй – собранные данные вводятся в специализированную компьютерную программу (назы- ваемую Пакет для оценки и прогноза/“Estimation and Projection Package”); c) шаг третий – создание кривой, описывающей развитие распространения ВИЧ-инфекции среди взрос- лых (15-49 лет) в течение определенного периода времени; d) шаг четвертый – кривая заболеваемости среди взрослого населения одновременно с оценками на- циональной демографии, полученными от ЮНФПА, и данными об уровне охвата АРТ взрослых и детей вводятся в компьютерную программу Spectrum; e) шаг пятый – эти данные дополнены различными эпидемиологическими расчетами (уровень рождае- мости, пропорция женщин/мужчин, выживаемость после ВИЧ-инфицирования и т.д.); f) шаг шестой – программа Spectrum прогнозирует число инфицированных взрослых, количество новых случаев ВИЧ-инфекции, смертей от СПИДа, сирот и потребность в АРТ.
Глава VII ПРИОРИТЕТНЫЕ МЕРОПРИЯТИЯ 22. Целенаправленная задача I. Обеспечение доступа не менее 10% от общего числа населения к услу- гам по профилактике ВИЧ-инфекции и ИППП до 2015 г.: a) разработка и реализация единой кадровой стратегии, направленной на изменение поведенческих сте- реотипов в области ВИЧ/ СПИДа и ИППП; b) привлечение и мобилизация общества (органов местного публичного управления, в том числе служб здравоохранения, социального обеспечения, образования, религиозных общин, обществ лиц с ВИЧ, НПО, членов семей, инфицированных ВИЧ/СПИДом) для повышения эффективности мер по профилактике ВИЧ-инфекции и ИППП; c) обеспечение населения услугами по добровольному консультированию и тестированию на ВИЧ и ИППП; d) разработка и внедрение программ по профилактике ВИЧ и ИППП для лиц, подвергающихся риску, среди которых: мигранты, мобильное население, призывники, заключенные, лица в униформе (в том числе пенитенциарная система), дети и молодежь в конфликте с законом, другие маргинальные группы населения; e) проведение мероприятий по профилактике ВИЧ и ИППП среди молодежи и подростков в системе образования; f) организация мероприятий по профилактике ВИЧ и ИППП среди молодежи и подростков, не посе- щающих школы; g) мероприятия по профилактике инфекции ВИЧ и ИППП, ориентированные на ЛЖВ; h) профилактика ВИЧ среди работающего населения посредством программ на рабочем месте. 23. Целенаправленная задача II. Обеспечение к 2015 году доступа 60% лиц расчетного количества из групп повышенного риска (РКС, МСМ, ПИН) к профилактическим услугам: a) обеспечение профилактики распространения ВИЧ и ИППП, в зависимости от специфической по- требности по возрасту и полу, среди РКС и их клиентов; b) обеспечение профилактики распространения ВИЧ и ИППП, в зависимости от специфической по- требности по возрасту и полу, среди МСМ; c) обеспечение доступа ПИНов, в зависимости от специфической потребности по возрасту и полу, к все- объемлющим услугам по профилактике ВИЧ и заместительной терапии, включая и пенитенциарный сектор. 24. Целенаправленная задача III. Обеспечение 10% населения презервативами к 2015 году: обеспечение социального маркетинга презервативов.
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25. Целенаправленная задача IV. Обеспечение лечением 80% пациентов с диагнозом ИППП к 2015 году: обеспечение тестирования, диагностики и лечения ИППП всех категорий населения, включая группы с повышенным риском заражения. 26. Целенаправленная задача V. Обеспечение доступа не менее 95% беременных женщин с ВИЧ/ СПИДом к услугам по профилактике передачи инфекции от матери к плоду к 2015 году: a) профилактика распространения ВИЧ и ИППП путем передачи от матери плоду и обеспечения детей, рожденных от ВИЧ-позитивных матерей, адаптированными смесями. 27. Целенаправленная задача VI. Обеспечение 100% безопасности проб крови, подготовленных к переливанию: обеспечение безопасности донорской крови. 28. Целенаправленная задача VII. Обеспечение доступа к постконтактной профилактике всем ли- цам, подвергшимся риску ВИЧ-инфицирования: обеспечение постконтактной профилактики в случаях профессионального контакта или в случаях сек- суального насилия. Обеспечение доступа к информации о постконтактной профилактике. 29. Целенаправленная задача VII. Обеспечение АРТ-терапией 80% из оценочного числа ВИЧ- инфицированных и лиц, больных СПИДом, нуждающихся в лечении к 2015 году: a) обеспечение доступа ВИЧ-инфицированным и больным СПИДом к амбулаторному лечению; b) обеспечение общего населения тестированием на ВИЧ по инициативе медицинского работника, а также лабораторной диагностикой; c) обеспечение пациентов профилактикой, диагностикой и лечением оппортунистических инфекций и заболеваний, связанных с ВИЧ, в амбулаторных условиях; d) обеспечение доступа лицам, инфицированным ВИЧ, и больным СПИДом, к АРТ; e) обеспечение доступа взрослым, ВИЧ-инфицированным и больным СПИДом, к АРТ; f) обеспечение доступа детям, ВИЧ-инфицированным и больным СПИДом, к АРТ; g) обеспечение приверженности к АРТ (в том числе и посредством внедрения продуктовых программ); h) обеспечение лабораторного мониторинга для определения эффективности лечения; i) контроль за устойчивостью ВИЧ к АРТ. 30. Целенаправленная задача IX. Обеспечение уходом и поддержкой 10% из оценочного числа ВИЧ- инфицированных и лиц, больных СПИДом к 2015 году: a) обеспечить менеджмент случая ВИЧ-инфицированных пациентов при помощи многопрофильной команды; b) оказание психосоциальной поддержки ВИЧ-инфицированным и больным СПИДом; c) обеспечение пациентов в конечной фазе паллиативным уходом в амбулаторных условиях; d) обеспечение пациентов диагностикой и лечением оппортунистических инфекций и заболеваний, свя- занных с ВИЧ, в условиях стационара; e) обеспечение пациентов в конечной фазе паллиативным лечением в условиях стационара; f) обеспечение доступа пострадавшим ВИЧ-инфицированным детям к социальным услугам. 31. Целенаправленная задача X. Создание эффективной системы менеджмента Программы к 2015 году: a) обеспечение процесса планирования и менеджмента Программы посредством технических рабочих групп НКС; b) обеспечение финансового менеджмента Программы и проектов; c) обеспечение мониторинга и оценки Программы; d) обеспечение внедрения, обновления и обслуживания информационных систем в области ВИЧ/СПИДа; e) обеспечение медицинского наблюдения пациентов посредством использования SIME-HIV; f) осуществление контроля по предоставлению социальных и профилактических услуг среди уязвимых групп путем системы единой идентификации; g) укрепление и обеспечение функционирования систем управления в негосударственном секторе; h) укрепление потенциала сотрудников, вовлеченных в Программу; i) увеличение профессионального потенциала сотрудников, вовлеченных в оказание услуг лицам с ВИЧ/ СПИДом и ИППП, в том числе педиатрических; j) обеспечение социальной защиты лиц, живущих с ВИЧ-инфекцией и больных СПИДом; k) предоставление адвокатских услуг по защите интересов ЛЖВ; l) обеспечение защиты прав ЛЖВ; m) укрепление потенциала НПО; n) осуществление эпидемиологических и социологических исследований;
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o) реализация операциональных исследований.
Глава VIII ВНЕДРЕНИЕ ПРОГРАММЫ 32. Механизм внедрения Программы основывается на деятельности НКС . 33. Ответственность за участие в работе НКС и внедрение мероприятий определенного сектора возлага- ется на соответствующие министерства. 34. НКС осуществляет деятельность на основе партнерства между государственными учреждениями, па- тронатом и неправительственными организациями на принципах прозрачности и взаимовыгодности.
Глава IX ОБЕСПЕЧЕНИЕ И РЕАЛИЗАЦИЯ УСЛУГ, ПАРТНЕРЫ-ИСПОЛНИТЕЛИ 35. Организации, предоставляющие услуги, и исполнители Программы будут координировать меропри- ятия по внедрению Программы совместно с НКС. Прозрачность внедрения мероприятий будет обеспечи- ваться посредством функционирования веб-сайта www.aids.md. 36. Партнерами в процессе внедрения и осуществления Программы являются как правительственные организации, так и общественные организации гражданского общества: a) государственные и частные медицинские учреждения обеспечат лабораторную диагностику, клиниче- скую помощь, менеджмент пациентов и их образование в области здоровья и т.д.; b) неправительственные организации осуществят внедрение мероприятий в группах высокого риска и предоставят поддержку ЛЖВ и т.д.; c) частные секторальные организации будут внедрять соответствующие политики на рабочем месте; d) поставщики социальных услуг осуществят соответствующие ответные мероприятия в данной области; e) исследовательские группы обеспечат проведение исследований. 37. Органами публичного управления и ответственными организациями по укреплению потенциала являются: a) Министерство здравоохранения, Министерство труда и социальной защиты и семьи, Министерство просвещения, Департамент пенитенциарных учреждений при Министерстве юстиции, Министерство мо- лодежи и спорта и компетентные учреждения; b) технические агенты ООН (ЮНЭЙДС, ВОЗ, ЮНФПА, ЮНИСЕФ и т.д.), предоставляющие техниче- скую помощь и информирующие о международных стандартах; с) национальные и международные НПО, специализирующиеся в области вмешательств, предусмотрен- ных для ЛЖВ, вмешательств на рабочем месте, ПИН и т.д.; d) органы местного публичного управления первого и второго уровня.
Глава X МОНИТОРИНГ И ОЦЕНКА 38. Мониторинг и оценка Программы осуществляется Министерством здравоохранения согласно Плану мониторинга Программы (приложение № 2 к настоящей Программе). 39. Показатели Программы будут представлены в ежегодном отчете. 40. Основным принципом создания ключевых показателей является концентрация на “оценке прогрес- са” в реализации задач, результатов и компонентов Программы. 41. Разработанные показатели отражают национальные потребности для отчетности, о чем было сфор- мулировано в Декларации всеобщего доступа, Дублинской декларации (в дальнейшем – ССГАООН); Ини- циативе всеобщего доступа и Целях развития тысячелетия по проблеме ВИЧ/СПИДа. 42. Показатели были сгруппированы в четыре категории: продукт, процесс, результат и воздействие.
Глава XI ОБЩЕЕ ОПРЕДЕЛЕНИЕ СТОИМОСТИ 43. Определение стоимости для реализации Программы осуществляется на основании определения цены за услугу или, по необходимости, на душу населения (приложение № 3 к настоящей Программе)
301 Торговля людьми и равенство полов в Молдове
Приложение № 1 к Национальной программе по профилактике и контролю ВИЧ/СПИД- инфекции и инфекций, передающихся половым путем на 2011-2015 гг.
Целевые группы бенефициаров: определения и описания Определение групп бенефициаров (в дальнейшем – ГБ) направлено на измерение количества ресурсов, специально выделяемых для конкретных групп населения при оказании услуг в рамках программных мер, которые были определены в Руководстве ЮНЭЙДС, 2009 “Оценка и классификация населения бенефициа- ров для национального ответа на ВИЧ/СПИД”. Это позволяет увидеть результат, связанный с объемами израсходованных средств, вне зависимости от эффективности или эффективного охвата. I. ГБ.01 ЛЮДИ, ЖИВУЩИЕ С ВИЧ 1. ГБ.01.01 Взрослые и молодые люди (в возрасте 15 лет и старше), живущие с ВИЧ a) ГБ.01.01.01 Взрослые и молодые мужчины (в возрасте 15 лет и старше), живущие с ВИЧ b) ГБ.01.01.02 Взрослые и молодые женщины (в возрасте 15 лет и старше), живущие с ВИЧ c) ГБ.01.01.98 Взрослые и молодые люди (в возрасте 15 лет и старше), живущие с ВИЧ, не разделенные по полу 2. ГБ.01.02 Дети (в возрасте младше 15 лет), живущие с ВИЧ a) ГБ.01.02.01 Мальчики (в возрасте младше 15 лет), живущие с ВИЧ b) ГБ.01.02.02 Девочки (в возрасте младше 15 лет), живущие с ВИЧ c) ГБ.01.02.98 Дети (в возрасте младше 15 лет), живущие с ВИЧ, не разделенные по полу 3. ГБ.01.98 Люди, живущие с ВИЧ, не разделенные по возрасту или полу. II. ГБ.02 ГРУППЫ С НАИБОЛЕЕ ВЫСОКИМ РИСКОМ ЗАРАЖЕНИЯ можно классифицировать по формам их поведения, из-за которого они подвергаются большему риску инфицирования ВИЧ. Эта класси- фикация, в свою очередь, позволяет определить те группы населения, которые должны наблюдаться и оце- ниваться в рамках национальных и субнациональных программ в первую очередь. Обычно классификация групп с наиболее высоким риском заражения включает в себя следующие группы: работники секс-бизнеса (РСБ), их клиенты, потребители инъекционных наркотиков (ПИН); мужчины, имеющие половые контакты с мужчинами (МСМ). Среди этих групп населения, скорее всего, распространены высокие уровни половых контактов с разными партнерами, практика незащищенного секса с разными партнерами либо использова- ние нестерильного оборудования для инъекций наркотиков, и из-за этих факторов они подвергаются риску инфицирования ВИЧ. 1.ГБ.02.01 Потребители инъекционных наркотиков (ПИН) и их половые партнеры 2. ГБ.02.02 Работники секс-бизнеса (РСБ) и их клиенты a) ГБ.02.02.01 Женщины секс-бизнеса (РСБ) и их клиенты b) ГБ.02.02.02 Мужчины-трансвеститы секс-бизнеса (и их клиенты) c) ГБ.02.02.03 Мужчины секс-бизнеса, не являющиеся трансвеститами (и их клиенты) d) ГБ.02.02.98 Работники секс-бизнеса (РСБ), не разделенные по полу, и их клиенты e) ГБ.02.02.99 Работники секс-бизнеса (РСБ), не классифицированные в другом месте, и их клиенты 3.ГБ.02.03 Мужчины, имеющие половые контакты с мужчинами (МСМ) 4. ГБ.02.98 Группы населения с наиболее высоким риском заражения, не разделенные по типу и возрасту. III. ГБ.03 ДРУГИЕ КЛЮЧЕВЫЕ ГРУППЫ НАСЕЛЕНИЯ включают группы, к которым относятся дети, оставшиеся без родительской опеки, дети из семей, оказавшихся в затруднительной ситуации, дети, рожден- ные ВИЧ-инфицированными матерями, беженцы, лица, перемещенные в пределах страны, и мигранты, рас- сматриваемые как “ключевые группы населения” в плане динамики эпидемии, так и в плане ответных мер. 1. ГБ.03.01 Дети, оставшиеся без родительской опеки и дети из семей, оказавшихся в затруднительной ситуации 2. ГБ.03.02 Дети, рожденные ВИЧ-инфицированными матерями 3. ГБ.03.03 Беженцы (лица, перемещенные за пределы своей страны) 4. ГБ.03.04 Группы населения, перемещенные в пределах своей страны (ввиду чрезвычайной ситуации) 5. ГБ.03.05 Мигранты/мобильное население 6. ГБ.03.06 Коренные группы населения 7. ГБ.03.07 Заключенные и прочие лица, помещенные в учреждения закрытого типа
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8. ГБ.03.08 Водители грузовиков/работники транспорта и водители, работающие в сфере коммерческих перевозок 9. ГБ.03.09 Дети и молодые люди, живущие на улице 10. ГБ.03.10 Дети и молодые люди – члены банд 11. ГБ.03.11 Дети и молодые люди, не посещающие школу 12. ГБ.03.12 Дети и молодые люди, помещенные в учреждения закрытого типа 13. ГБ.03.13 Партнеры людей, живущих с ВИЧ 14. ГБ.03.14 Получатели крови и продуктов крови 15. ГБ.03.98 Другие ключевые группы населения, не разделенные по типу 16. ГБ.03.99 “Другие ключевые группы населения”, не классифицированные в другом месте IV. ГБ.04 ОСОБЫЕ “ДОСТУПНЫЕ” ГРУППЫ НАСЕЛЕНИЯ включают в себя детей-школьников, жен- щин, посещающих клиники репродуктивного здоровья, военнослужащих и промышленных рабочих. 1. ГБ.04.01 Люди, посещающие центры профилактики и контроля ИППП 2. ГБ.04.02 Дети-школьники начальной и гимназической ступени образования 3. ГБ.04.03 Молодежь, обучающаяся в лицеях и в профессиональных учебных заведениях 4. ГБ.04.04 Студенты высших учебных заведений 5. ГБ.04.05 Работники здравоохранения 6. ГБ.04.06 Моряки 7. ГБ.04.07 Военнослужащие 8. ГБ.04.08 Полиция и иные силовые структуры (не военнослужащие) 9. ГБ.04.09 Бывшие участники боевых действий 10. ГБ.04.10 Принятые на работу 11. ГБ.04.98 “Доступные” группы населения, не разделенные по типу 12. ГБ.04.99 “Доступные” группы населения, не классифицированные в другом месте V. ГБ.05 ШИРОКИЕ СЛОИ НАСЕЛЕНИЯ включают 1. ГБ.05.01 Широкие слои взрослого населения (в возрасте 24 лет и старше) a) ГБ.05.01.01 Взрослое население мужского пола b) ГБ.05.01.02 Взрослое население женского пола c) ГБ.05.01.98 Широкие слои взрослого населения (в возрасте 24 лет и старше), не разделенные по полу 2. ГБ.05.02 Дети (в возрасте младше 15 лет) a) ГБ.05.02.01 Мальчики b) ГБ.05.02.02 Девочки c) ГБ.05.02.98 Дети (в возрасте младше 15 лет), не разделенные по полу 3. ГБ.05.03 Молодежь (в возрасте 15-24 лет) a) ГБ.05.03.01 Молодые мужчины b) ГБ.05.03.02 Молодые женщины c) ГБ.05.03.98 Молодежь (в возрасте 25 лет), не разделенная по полу 4. ГБ.05.98 Широкие слои населения, не разделенные по возрасту и полу VI. ГБ.99 ОСОБЫЕ ЦЕЛЕВЫЕ ГРУППЫ НАСЕЛЕНИЯ, не классифицированные в другом месте: целе- вые группы населения, не включенные в вышеперечисленные классы.
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Приложение № 2 к Национальной программе по профилактике и контролю ВИЧ/СПИД- инфекции и инфекций, передающихся половым путем на 2011-2015 гг.
НАЦИОНАЛЬНЫЙ ПЛАН мониторинга и оценки Национальной программы по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем, на 2011-2015 годы Глава I ОБЩИЕ ПОЛОЖЕНИЯ 1. Национальный план мониторинга и оценки Национальной программы по профилактике и контро- лю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем, на 2011-2015 годы (в дальнейшем – План МО) согласован в рамках существующих политик в разных секторах и был разработан посредством процесса участия на основе оценки системы мониторинга и оценки, Национальной программы по про- филактике и контролю инфекции ВИЧ/СПИДа и ИППП на 2006-2010 гг. и анализа Национального ответа. 2. План МО включает соответствующую информацию, которая обеспечивает сбор, обработку, анализ и использование данных, касающихся внедрения Программы, предлагая информацию в отношении основ- ных показателей, главных источников данных, информационного потока, информационных продуктов и институциональных обязанностей.
Глава II СОДЕРЖАНИЕ 3. В соответствии с рекомендациями Вашингтонской конференции от 25 апреля 2004, организованной Объединенной программой ООН по ВИЧ/СПИДу (ЮНЭЙДС) и основными донорами, Республика Молдо- ва подписала Декларацию о приверженности и стремится к развитию и укреплению трехстороннего прин- ципа, который подразумевает объединение усилий и избежание дублирований посредством: а) единого стратегического механизма; b) единого механизма координации для управления национальным ответом на ВИЧ/СПИД и ИППП; c) единой национальной системы мониторинга и оценки.
Глава III ЗАДАЧИ И ЭЛЕМЕНТЫ МОНИТОРИНГА И ОЦЕНКИ 4. Цель мониторинга и оценки – эффективное руководство и координация процесса по сбору, анали- зу, обработке и использованию данных, которое позволит обеспечить более динамичный мониторинг для достижения прогресса в области национального ответа на ВИЧ/СПИД и ИППП и усиление процесса при- нятия решений. 5. Задачи мониторинга и оценки: а) разработка процесса мониторинга и оценки, позволяющих проведение сбора, обработки, анализа и систематического внедрения данных; b) составление списка основных показателей, что облегчит контроль прогресса в борьбе с ВИЧ/СПИДом и ИППП, и определение потребности для принятия решений; c) описание основных источников, используемых для сбора данных, необходимых для мониторинга и оценки; d) создание информационного потока; e) описание обязанностей ответственных в области мониторинга и оценки; f) обеспечение прозрачности распространения продуктов и выявления механизмов распределения данных. 6. Путем внедрения Плана МО будут достигнуты: а) качественное и своевременное представление отчетности; b) укрепление системы мониторинга и оценки; с) организованный и скоординированный поток повседневной информации; d) создание единой базы данных, включающей все существующие системы отчетности;
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е) разработка стратегий распространения данных; f) составление плана повышения навыков; g) установление расписания исследований и контроля. 7. Организационная структура, утвержденная в 2008 году Глобальной консультативной группой по мо- ниторингу и оценке, включает 12 компонентов системы мониторинга и оценки: а) организационные структуры с функцией мониторинга и оценки; b) человеческие ресурсы для мониторинга и оценки; с) партнерские взаимодействия в области планирования, координации и управления системы монито- ринга и оценки; d) национальный и мультисекторальный план по мониторингу и оценке; е) ежегодный национальный план деятельности по мониторингу и оценке; f) защита, коммуникация и культура; g) постоянный мониторинг Программы; h) исследования и надзор; i) национальные и субнациональные базы данных; j) надзор по защите и аудиту данных; k) научные исследования и оценка; l) распространение и использование данных. 8. Национальная система мониторинга и оценки обладает важными функциями на центральном, тер- риториальном уровне, а также на уровне предоставления услуг. Система мониторинга и оценки включает отчетность государственных учреждений и гражданского общества из всех секторов, участвующих в реа- лизации Программы. 9. Потоки предоставления информации: а) существующие вертикальные системы отчетности, автоматизированные системы (SIME-HIV, SIME- ITS, и CTV, единый идентификатор); b) существующие вертикальные системы отчетности, неавтоматизированные системы (отчетность на основе статистических формуляров); с) вертикальные системы в процессе институционализирования (отчетность НПО); d) отчетность по горизонтали (межсекториальная отчетность).
Глава IV НАЦИОНАЛЬНЫЕ ПОКАЗАТЕЛИ ДЛЯ ВИЧ-ИНФЕКЦИИ 10. Показатели для мониторинга и оценки Программ согласно таблице 1 из настоящего приложения были определены в соответствии: a) с задачами Программы; b) показателями для инфекции ВИЧ/СПИД Национальной стратегии развития Молдовы и Целями раз- вития тысячелетия; c) международными показателями, рекомендованными ССГАООН; d) показателями инициативы “Универсальный доступ” к мероприятиям в области ВИЧ / СПИДа; e) с релевантными показателями для инфекции ВИЧ/СПИДа и ИППП из других политик и националь- ных планов; f) с международными рекомендациями по мониторингу и оценке инфекции ВИЧ/СПИДа; g) с критериями реального количества и разумной цены. 11. Объективный мониторинг и доступ к эффективным мерам по профилактике, уходу, лечению и уменьшению воздействия полностью отражен в определении и способе разбивки этих показателей. К стан- дартным категориям показателей относятся: возраст, пол, место жительства и область проживания (пра- вый, левый берег Днестра).
Глава V ИСТОЧНИКИ ДАННЫХ ДЛЯ НАЦИОНАЛЬНЫХ ПОКАЗАТЕЛЕЙ 12. Источники данных для показателей Программы содержат: а) показатели воздействия и результатов, которые включают: медико-биологические и клинические ис- следования; контроль здоровья населения с высоким риском инфицирования, поведенческие, социологиче- ские аспекты;
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b) показатели продукта, которые включают: административную статистику/повседневный мониторинг; с) знаменатели некоторых показателей: а именно: оценки последствий, доминирования, численности групп населения с повышенным риском инфицирования, потребность в антиретровирусной терапии и про- гноз в отношении данных расчетов. 13. В целях дополнения существующих источников данных и улучшения понимания тенденций измене- ния конкретных проблем общественного здоровья будет проведена обработка и анализ данных из различ- ных источников, основанных на эмпирических наблюдениях.
Глава VI НАЦИОНАЛЬНАЯ БАЗА ДАННЫХ SIDATA 14. Национальная база данных SIDATA представляет собой функциональный инструмент по обеспече- нию доступности к данным для возможности их использования в процессе стратегического планирования и сосредотачивает сводные данные из: а) существующих систем отчетности в государственных и в межсекторальных учреждениях, внедряю- щих Программу; b) сектора неправительственных организаций. 15. Национальная база данных SIDATA объединяет уже существующие системы отчетности и являет- ся уникальной платформой для предоставления данных, которая позволяет избежать двойной отчетности, обеспечить прозрачность данных, утвердить их на национальном уровне и ограничить доступ к изданию данных для обеспечения защиты. 16. Национальная база данных SIDATA предусматривает Web-доступ для просмотра данных, сгруппи- рованных по стратегии/категориям/вмешательств. 17. Национальная база данных SIDATA будет располагаться на основе Национального центра СПИДа. Ввод данных будет осуществляться лицами, назначенными/подготовленными в государственных учрежде- ниях и неправительственных организациях, согласно таблице 2 настоящего приложения.
Глава VII КАЧЕСТВО ДАННЫХ 18. Критерии качества данных для мониторинга и оценки включают: обоснованность, достоверность, своевременность, точность, целостность. 19. Посредством Рабочей технической группы по мониторингу и оценке будет разработан Протокол для обеспечения качества данных, который институализирует систему для определения качества ключевых по- казателей, укрепления систем управления данными и повышения квалификации персонала, участвующего в процессе сбора, обработки и анализа данных. 20. Поддерживающее наблюдение включает мониторинг и направление достижений подведомственных ему учреждений, передачу знаний, подходов и навыков. Поддерживающее наблюдение будет проводиться поэтапно организациями, предоставляющими услуги, а также использоваться в качестве механизма укре- пления местного потенциала для мониторинга и оценки. Рабочая техническая группа разработает Руковод- ство по поддерживающему наблюдению, мониторингу и оценке. 21. Проверка данных предполагает применение внутренних и внешних механизмов. Внутренний аудит представляет последовательный процесс, проводимый с определенной периодичностью. Внешний аудит будет проводиться ежегодно в произвольно выбранных местах и для указанных показателей. Ответствен- ность за утверждение данных в рамках секторов возлагается на соответствующие министерства. Многосто- ронние вопросы будут решаться Рабочей технической группой.
Глава VIII ОЦЕНКА И ИССЛЕДОВАНИЯ 22. Оценка и исследования являются частью комплексной системы мониторинга и оценки. Создание на- ционального процесса по выявлению областей для оценки, подготовки изучения и исследований обеспечит избежание дублирования усилий и распространения результатов для использования в процессе принятия решений. Правильное планирование изучения, исследований и оценки станет необходимым условием для адекватного финансирования. 23. Приоритетные направления для проведения эпидемиологических исследований включают:
306 дополнительные нормативные акты
a) определение роли потребления инъекционных наркотиков в передаче ВИЧ-инфекции среди беремен- ных женщин, РКС и МСМ; b) определение реальной доли гетеросексуальной или гомосексуальной передачи ВИЧ-инфекции среди мужчин, не связанной с потреблением инъекционных наркотиков; c) выявление факторов уязвимости к ВИЧ и ИППП, связанных с вопросом пола; d) изучение факторов, которые побуждают подростков стать на путь высокого риска ВИЧ- инфицирования; e) описание системы переадресации и взаимной поддержки по принципу равный равному при оказании помощи, уходе/лечении и наблюдении за диагностикой ВИЧ-инфекции; f) осуществление описательного исследования ВИЧ/СПИД-инфекции среди беременных женщин с ВИЧ-статусом.
Глава IX ИНФОРМАЦИОННЫЕ ПРОДУКТЫ 24. Отчеты по внедрению Программы содержат: a) годовой отчет по мониторингу и оценке инфекции ВИЧ/СПИДа и ИППП; b) ежеквартальные отчеты для Глобального фонда по борьбе со СПИДом/ТБ/малярией; c) годовой отчет по Универсальному доступу; d) отчет ССГАООН, предоставляемый один раз в два года; e) отчет об оценке в середине срока и в конце внедрения Программы.
307 Таблица 1
308 Показатели мониторинга и оценки Программы Показатели влияния Показатели Числитель Знаменатель Международ- Источник данных Разбивка Ответ- Частота Основное Ожида- ное руковод- ствен- отчет- значение емые ство ные учреж- ности значения дения (2015) 1 2 3 4 5 6 7 8 9 10 Распространенность Число проб крови с Число проте- UNGASS #22 Эпидемиологические Разбивка по возра- Националь- Каждые 0.37 0.44 ВИЧ (в % из вы- положительным ре- стированных ВОЗ, надзор исследования/ Админи- сту, полу, региону ный центр 2-3 года борки или исходя из зультатом на ВИЧ проб второго поко- стративная статистика (левый, правый СПИДа оценочного числа) ления берег) месту про- живания Распространенность Число проб крови с Число проте- UNGASS #23 Серологические иссле- Разбивка по воз- Националь- Каждые ПИН – ПИН – 20% Торговля людьми и равенство полов в Молдове
ВИЧ среди насе- положительным ре- стированных ВОЗ, надзор дования (комплексное растным группам и ный центр 2-3 года 16.4% РКС – 11% ления с высоким зультатом на ВИЧ проб второго поко- биоповеденческое ис- по полу СПИДа РКС – 6.1% МСМ – 5% риском заражения ления следование) МСМ – 1.7% заключен- (ПИН, РКС, МСМ и заключен- ные – 3.5% заключенные) ные – 3.5% Распространен- Число проб крови Число проте- UNGASS #23 Серологические иссле- Разбивка по воз- Националь- Каждые ПИН – ПИН – 63% ность гепатита С, с положительным стированных ВОЗ, надзор дования (комплексное растным группам и ный центр 2-3 года 72,8% РКС – 11% среди населения с результатом на гепа- проб второго поко- биоповеденческое ис- по полу СПИДа РКС – 16% МСМ – 3% высоким риском тит С ления следование) МСМ – 3,6% заключен- заражения (ПИН, заключен- ные – 10,7% РКС, МСМ и заклю- ные – 15,7% ченные) Распространенность Число проб крови Число проте- UNGASS #23 Серологические иссле- Разбивка по воз- Националь- Каждые ПИН – ПИН – 5,9% гепатита В среди на- с положительным стированных ВОЗ, надзор дования (комплексное растным группам и ный центр 2-3 года 10,9% РКС – 4,5% селения с высоким результатом на гепа- проб второго поко- биоповеденческое ис- по полу СПИДа РКС – 8,5% МСМ – 3,8% риском заражения тит В ления следование) МСМ – 5,8% заключен- (ПИН, РКС, МСМ и заключен- ные – 11,3% заключенные) ные – 16,3% Распространенность Число проб крови Число проте- UNGASS #23 Серологические иссле- Разбивка по воз- Националь- Каждые ПИН – 2,3% ПИН – 2% сифилиса среди на- с положительным стированных ВОЗ, надзор дования (комплексное растным группам и ный центр 2-3 года РКС – 6,9% РКС – 3,9% селения с высоким результатом на си- проб второго поко- биоповеденческое ис- по полу СПИДа МСМ – МСМ – 7,7% риском заражения филис ления следование) 12,7% за- заключен- (ПИН, РКС, МСМ и ключенные ные – 8,5% заключенные) – 3,5% Распространенность Число зарегистри- Число бере- Национальный Административная Разбивка по воз- Националь- Ежегодно 0.29% 0.16% ВИЧ среди беремен- рованных ВИЧ- менных жен- показатель статистика растным группам, ный центр ных женщин позитивных бере- щин, тести- области (правый СПИДа менных рованных на берег и левый ВИЧ берег), места про- живания % беременных жен- Число зарегистриро- Число бере- Национальный Административная Разбивка по воз- Публичное Ежегодно 0,3% 0,2% щин, выявленных с ванных беременных менных за показатель статистика растным группам, медико- сифилисом женщин с диагнозом отчетный области (правый санитарное сифилиса год берег и левый бе- учреждение рег) Республикан- ский кожно- венерический диспансер, Публичное медико- санитарное учреждение Республикан- ский кожно- венерический диспансер, Тирасполь Заболеваемость Число зарегистриро- Численность Национальный Административная Разбивка по воз- Националь- Ежегодно 17 к 100000 20 к 100000 ВИЧ-инфекцией на ванных новых случа- населения показатель статистика растным группам, ный центр 100000 населения ев ВИЧ-инфекции области (правый и СПИДа левый берег), места проживания Заболеваемость Число зарегистри- Численность Национальный Административная Разбивка по воз- НЦМЗ, Ежегодно 42,7 к 100000 40 к 100000 гонореей на 100000 рованных лиц с диа- населения показатель статистика растным группам, РКВД КВД, населения гнозом гонорея области (правый и Тирасполь левый берег), места проживания Заболеваемость си- Число зарегистри- Численность Национальный Административная Разбивка по воз- РКВД, КВД, Ежегодно 69,5 к 100000 60 к 100000 филисом на 100000 рованных лиц с диа- населения показатель статистика растным группам, Тирасполь населения гнозом сифилиса области (правый и левый берег), места проживания % взрослых и детей Число людей, по- Число взрос- Показатель Административная Разбивка по воз- Националь- Ежегодно 12 месяцев – 12 месяцев – с ВИЧ, получающих лучающих АРВ- лых и детей, UNGASS # 24, статистика растным группам, ный центр 88.26% 88.26% АРВ-терапию 12, 24, терапию 12, 24, 36, которые Показатель области (правый и СПИДа 24 месяцев – 24 месяцев – 36, 48, 60 месяцев 48 и 60 месяцев с начали АРВ- Универсаль- левый берег), места 88% 88% после начала лече- начала лечения терапию в ный Доступ # проживания, груп- 36 месяцев – 36 месяцев – ния группе от- G3a-e, EURO па ПИН 72% 85% четности 12, 48 месяцев – 48 месяцев – 24, 36, 48 и 60 79% 80% после начала 60 месяцев – 60 месяцев – лечения 57% 70%
309 дополнительные нормативные акты Смертность в связи Число смертей, свя- Расчетное Национальный Расчет и прогнозиро- Разбивка по воз- Националь- Ежегодно 9.6 8.6
310 с заболеваемостью занных со СПИДом, число насе- показатель вание растным группам, ный центр ВИЧ/СПИДом на в отчетном году ления, инфи- области (правый и менеджмен- 100000 населения цированного левый берег), места та здравоох- ВИЧ проживания, при- ранения чины смерти Доля вертикальной Оценочное ко- Оценочное Показатель Оценки/ прогнозы/ - Националь- Ежегодно 2% 2% передачи ВИЧ- личество новых число ВИЧ- UNGASS 25/ Административная ный центр инфекции случаев ВИЧ среди положитель Национальный статистика, когортный СПИДа детей, обобщен- ных матерей, показатель анализ по году рож- ное в SPECTRUM обобщенное в дения /Число ВИЧ- SPECTRUM/ инфицированных Число ВИЧ- новорожден- инфициро ных от ВИЧ- ванных Торговля людьми и равенство полов в Молдове
положительных ма- новорожден- терей из ежегодной ных от ВИЧ- когорты полож0и тельных матерей из ежегодной когорты
3.1. Профилактика 3.1.1. Общее население Показатели результата 1 2 3 4 5 6 7 8 9 10 % молодых людей Число респондентов Число ре- Показатель Поведенческие иссле- Разбивка по воз- Националь- Каждые 2-3 40.8% 75% 15-24 лет, которые 15-24 лет, которые спондентов UNGASS 13 дования растным группам, ный центр года правильно указа- дали правильный от- 15-24 года месту прожива- СПИДа ли пути передачи вет на ключевые во- ния и полу ВИЧ и отвергают просы основные неверные представления о передаче ВИЧ % общего населе- Число респондентов Число ре- Национальный Поведенческие иссле- Разбивка по воз- Националь- Каждые 2-3 30.6% 50% ния, людей 15-49 15-49 лет, которые спондентов показатель дования растным группам, ный центр года лет, которые пра- дали правильный от- 15-49 лет месту прожива- СПИДа вильно указали вет на ключевые во- ния и полу пути передачи ВИЧ просы и отвергают основ- ные неверные пред- ставления о переда- че ВИЧ % женщин и муж- Число респондентов Число ре- Показатель Поведенческие иссле- Разбивка по воз- Националь- Каждые 2-3 9.8% (17.9% 8.5% (15% чин в возрасте 15-49 в возрасте 15-49 лет, спондентов UNGASS 16 дования растным группам, ный центр года мужчин и мужчин и лет, начавших по- имевшие более одного в возрасте месту прожива- СПИДа 1.8% жен- 2% женщин) ловую жизнь с более сексуального партне- 15-49 лет ния и полу щин) чем одним партне- ра за последние 12 ром за последние 12 месяцев месяцев % женщин и муж- Число респондентов Число ре- Показатель Поведенческие иссле- Разбивка по воз- Националь- Каждые 2-3 68% 70% чин в возрасте 15- в возрасте 15-49 лет, спондентов UNGASS 17 дования растным группам, ный центр года 49 лет, начавших которые имели более в возрасте месту прожива- СПИДа половую жизнь с одного сексуального 15-49 лет ния и полу более чем одним партнера за последние которые партнером за по- 12 месяцев и исполь- имели более следние 12 месяцев зовали презерватив одного сек- и пользовавшихся при последнем поло- суального презервативами во вом акте партнера за время последнего последние полового контакта 12 месяцев % молодых людей Число респондентов Число ре- Показатель Поведенческие иссле- Разбивка по воз- Националь- Каждые 2-3 6,7% 6% 15-24 лет, которые от 15 до 24 лет, сооб- спондентов UNGASS 15 дования растным группам, ный центр года вступили впервые щивших о начале по- 15-24 лет в месту прожива- СПИДа в половую связь в ловой жизни до 15 лет исследова- ния и полу возрасте до 15 лет нии % молодых людей Число молодых людей Число ре- Национальный Поведенческие иссле- Разбивка по воз- Националь- Каждые 2-3 53.6% 70 % 15-24 лет, которые 15-24 лет, которые спондентов показатель дования растным группам, ный центр года пользовались пре- пользовались презер- 15-24 года, месту прожива- СПИДа зервативом при вативом при первом имевшие ния и полу первом половом половом контакте половой контакте опыт
311 дополнительные нормативные акты % женщин и муж- Число респондентов Число ре- Показатель Поведенческие иссле- Разбивка по воз- Националь- Каждые 2-3 13.2% 13%
312 чин 15-49 лет, кото- в возрасте 15-49 лет, спондентов UNGASS 7 дования растным группам, ный центр года рые прошли тест на прошедших тестиро- в возрасте месту прожива- СПИДа ВИЧ в течение по- вание на ВИЧ в тече- 15-49 лет ния и полу следних 12 месяцев ние последнего года и и знают свои по- знают свой последний следние результаты результат теста теста % ВИЧ-позитивных Число ВИЧ- Число за- Национальный Административная Националь- Ежегодно 81.9% 90% беременных жен- инфицированных регистри- показатель статистика ный центр щин, получающих беременных женщин, рованных СПИДа АРВ-терапию для получающих АРВ- ВИЧ- снижения риска терапию для сниже- позитивных передачи вируса от ния риска передачи беременных Торговля людьми и равенство полов в Молдове
матери к плоду вируса от матери к женщин плоду % детей, рожденных Число детей, рож- Число детей, Национальный Административная - Националь- Ежегодно 84% 90% от ВИЧ инфици- денных от ВИЧ- рожденных показатель статистика ный центр рованных матерей, положительных мате- от ВИЧ- СПИДа которые прошли рей, которые прошли инфици тестирование на тестирование на ВИЧ рованных ВИЧ в течение пер- в течение первых двух матерей вых двух месяцев месяцев жизни жизни % детей, рожденных Число детей, рож- Число детей, Национальный Административная - Националь- Ежегодно 97.5% 97.5% от ВИЧ- инфици- денных от ВИЧ- рожденных показатель статистика ный центр рованных матерей, инфицированных от ВИЧ- СПИДа которые получили матерей, которые инфици заменители грудно- получили заменители рованных го молока грудного молока матерей
Показатели процесса/краткосрочного результата % образцов донорской крови прове- Количество образцов донорской Количество об- Пока- Административ- Разбивка по области Националь- Ежегодно рены по критериям качества крови проверены по критериям разцов донор- затель ная статистика (правый и левый берег) ный центр качества ской крови UNGASS переливания 3 крови % населения в возрасте 15-49 лет, Число респондентов 15-49 лет, Число респон- Нацио- Поведенческие Разбивка по возрастным Националь- Каждые которые получили пакет информа- которые получили пакет информа- дентов 15-49 лет нальный исследования группам, месту прожива- ный центр 2-3 года ционных материалов, за последний ционных материалов, за последний показа- ния и полу СПИДа год год тель % населения в возрасте 15-49 лет, Число респондентов в возрасте Число респон- Нацио- Поведенческие Разбивка по возрастным Националь- Каждые получившего бесплатные презер- 15-49 лет, получивших бесплатные дентов 15-49 лет нальный исследования группам, месту прожива- ный центр 2-3 года вативы презервативы показа- ния и полу СПИДа тель % отделений ДКТ, предоставивших Количество отделений ДКТ, предо- Количество про- Нацио- Административ- - Националь- Ежегодно услуги населению, соответствующие ставивших услуги населению, соот- веренных отде- нальный ная статистика ный центр критериям качества ветствующие критериям качества лений ДКТ показа- СПИДа тель % школ с учителями, прошедшими Количество школ с учителя- Количество Пока- Исследование в Разбивка по области, Министер- Ежегодно подготовку и обучение по профи- ми, прошедшими подготовку и школ в выборке затель школах месту проживания ство просве- лактике ВИЧ-инфекции в течение обучение по профилактике ВИЧ- UNGASS щения последнего учебного года инфекции в течение последнего 11 учебного года % школьников, охваченных урока- Число школьников, охваченных Число опрошен- Нацио- Исследование в Разбивка по области, Министер- Ежегодно ми по профилактике ВИЧ уроками по профилактике ВИЧ ных школьников нальный школах месту проживания ство просве- показа- щения тель % пациентов с диагнозом ИППП, Число пациентов с диагнозом Число пациен- Нацио- Административ- Разбивка по области, Республи- Ежегодно которые принимали лечение в со- ИППП, которые принимали лече- тов с диагнозом нальный ная статистика месту проживания канский ответствии с национальными стан- ние в соответствии с националь- ИППП показа- кожно- дартами ными стандартами тель венеричес кий диспан- сер Публич- ное медико- санитарное учреждение % учреждений с наличием комплек- Количество учреждений с наличи- Количество Дополни- Репрезентатив- Разбивка по областям, Националь- Ежегодно та для постконтактной профилак- ем комплекта для постконтактной учреждений в тельный ное исследование месту проживания ный центр тики профилактики выборке пока- в медицинских СПИДа затель учреждениях UNGASS #1
3.1.2. Группы риска (ПИН, РКС, МСМ)
Показатели результата 1 2 3 4 5 6 7 8 9 10 % ПИН, РКС, МСМ, Число респондентов, Число респонден- Показатель Поведенческое Разбивка по Националь- Каждые UDI – 64,9% UDI – 70% имеющие правиль- которые дали правиль- тов UNGASS 14 исследование возрастным ный центр 2-3 года LSC – 28.7% LSC – 50% ные знания о путях ный ответ на все клю- группам и СПИДа BSB – 34,2% BSB – 50% передачи ВИЧ и чевые вопросы полу профилактике
313 дополнительные нормативные акты % ПИНов, которые Число респондентов, Число респонден- Показатель Поведенческое Разбивка по Националь- Каждые 99.3% 99%
314 использовали сте- которые использовали тов UNGASS 21 исследование возрастным ный центр 2-3 года рильные шприцы стерильные шприцы группам и СПИДа (не обменивались (не обменивались не- полу непосредственно и посредственно и/ или / или косвенно) во косвенно) во время время последней последней инъекции инъекции % ПИНов, которые Число респондентов, Число респонден- Национальный Поведенческое Разбивка по Националь- Каждые 33% 50% использовали сте- которые использовали тов, которые вво- показатель исследование возрастным ный центр 2-3 года рильные шприцы стерильные шприцы дили наркотики в группам и СПИДа (не обменивались (не обменивались не- течение последнего полу непосредственно посредственно и/или месяца и/или косвенно) в косвенно) в течение Торговля людьми и равенство полов в Молдове
течение последнего последнего месяца месяца % ПИНов, которые Число респондентов, Число респонден- Показатель Поведенческое Разбивка по Националь- Каждые 35.6% 55% использовали пре- которые использовали тов UNGASS 20 исследование возрастным ный центр 2-3 года зерватив при по- презерватив при по- группам и СПИДа следнем половом следнем половом кон- полу контакте такте % ПИНов, которые Число респондентов, Число респонден- Национальный Поведенческое Разбивка по Националь- Каждые 17,8% 40% всегда использова- которые всегда исполь- тов показатель исследование возрастным ный центр 2-3 года ли презерватив в зовали презерватив в группам и СПИДа течение последнего течении последнего полу месяца месяца % ПИНов, которые Число респондентов, Число респонден- Национальный Поведенческое Разбивка по Националь- Каждые 7.4% 60% получили пакет которые получили тов показатель исследование возрастным ный центр 2-3 года услуг в течение по- пакет услуг в течение группам и СПИДа следнего года последнего года полу РКС%, которые ис- Число респондентов, Число респонден- Показатель Поведенческое Разбивка по Националь- Каждые 90.8% 90% пользовали презер- которые использовали тов UNGASS 18 исследование возрастным ный центр 2-3 года ватив при последнем презерватив при по- группам СПИДа контакте коммерче- следнем контакте ком- ского секса мерческого секса % РКС, которые Число респондентов, Число респонден- Национальный Поведенческое Разбивка по Националь- Каждые 60,8% 75% всегда пользовались которые всегда пользо- тов, которые имели показатель исследование возрастным ный центр 2-3 года презервативами во вались презервативами контакты в течение группам СПИДа время коммерческих во время коммерческих последнего месяца контактов за послед- контактов за последний ний месяц месяц % РКС, которые по- Число респондентов, Число респонден- Национальный Поведенческое Разбивка по Националь- Каждые 15.3% 60% лучили пакет услуг в которые получили тов показатель исследование возрастным ный центр 2-3 года течение последнего пакет услуг в течение группам СПИДа года последнего года % МСМ, которые Число респондентов, Число респонден- Показатель Поведенческое Разбивка по Националь- Каждые 61,9% 75% использовали пре- которые использова- тов UNGASS 19 исследование возрастным ный центр 2-3 года зерватив при по- ли презерватив при группам СПИДа следнем анальном последнем анальном гомосексуальном гомосексуальном кон- контакте такте % МСМ, которые Число респондентов, Число респонден- Национальный Поведенческое Разбивка по Националь- Каждые 43,4% 50% всегда использова- которые всегда исполь- тов показатель исследование возрастным ный центр 2-3 года ли презерватив во зовали презерватив во группам СПИДа время последнего время последнего меся- месяца для анально- ца для анального секса го секса % МСМ, которые Число респондентов, Число респонден- Национальный Поведенческое Разбивка по Националь- Каждые 25% 60% получили пакет которые получили тов показатель исследование возрастным ный центр 2-3 года услуг в течение по- пакет услуг в течение группам. СПИДа следнего года последнего года
Показатели процесса/продукта 1 2 3 4 5 6 7 8 % ПИНы, которые были тестиро- Число респондентов, которые Число респон- Показатель Поведенческие Разбивка по возраст- Национальный Каждые ваны на ВИЧ в течение последнего были тестированы на ВИЧ в тече- дентов UNGASS 8 исследования ным группам и полу центр СПИДа 2-3 года года и знают свой результат ние последнего года и знают свой результат % отделений ДКТ, которые предо- Количество отделений ДКТ, ко- Количество Нацио- Репрезентатив- Разбивка по области Национальный Ежегодно ставили услуги для ПИНов, соот- торые предоставили услуг и для отделений ДКТ, нальный ный опрос в от- (правый и левый берег) центр СПИДа ветствуют критериям качества ПИНов, соответствуют критериям прошедших показатель делениях ДКТ качества оценку % РКС, которые были тестированы Число респондентов, которые Число респон- Показатель Поведенческие Разбивка по возраст- Национальный Каждые на ВИЧ в течение последнего года и были тестированы на ВИЧ в тече- дентов UNGASS 8 исследования ным группам и полу центр СПИДа 2-3 года знают свой результат ние последнего года и знают свой результат % отделений ДКТ, которые предо- Количество отделений ДКТ, ко- Количество Нацио- Репрезентатив- Разбивка по области Национальный Ежегодно ставили услуги для РКС, и соответ- торые предоставили услуги для отделений ДКТ, нальный ный опрос в от- (правый и левый берег) центр СПИДа ствуют критериям качества РКС, и соответствуют критериям прошедших показатель делениях ДКТ качества оценку
315 дополнительные нормативные акты % МСМ, которые были тестирова- Число респондентов, которые Число респон- Показатель Поведенческие Разбивка по возраст- Национальный Каждые
316 ны на ВИЧ в течение последнего были тестированы на ВИЧ в тече- дентов UNGASS 8 исследования ным группам и полу центр СПИДа 2-3 года года и знают свой результат ние последнего года и знают свой результат % отделений ДКТ, которые предо- Количество отделений ДКТ, ко- Количество Нацио- Репрезентатив- Разбивка по области Национальный Ежегодно ставили услуги для МСМ, и соот- торые предоставили услуги для отделений ДКТ, нальный ный опрос в от- (правый и левый берег) центр СПИДа ветствуют критериям качества МСМ, и соответствуют критериям прошедших показатель делениях ДКТ качества оценку % пациентов с диагнозом сифилис, Число пациентов с диагнозом Число пациен- Нацио- Администра- Разбивка по области Публичное Ежегодно которые принимали лечение в со- сифилис, которые принимали ле- тов с диагнозом нальный тивная стати- (правый и левый берег) медико- ответствии с национальными стан- чение в соответствии с националь- сифилис показатель стика по целевой группе, санитарное дартами ными стандартами полу, возрастным груп- учреждение пам Республикан- ский кожно- Торговля людьми и равенство полов в Молдове
венерический диспансер % пациентов с диагнозом гонорея, Число пациентов с диагнозом Число пациен- Нацио- Администра- Разбивка по области Публичное Ежегодно которые принимали лечение в со- гонорея, которые принимали лече- тов с диагнозом нальный тивная стати- (правый и левый бе- медико- ответствии с национальными стан- ние в соответствии с националь- гонорея показатель стика рег), целевой группе, санитарное дартами ными стандартами полу, возрастным учреждение группам Республикан- ский кожно- венерический диспансер % пациентов с диагнозом сифи- Число пациентов с диагнозом си- Число пациен- Нацио- Администра- Разбивка по области Публичное Ежегодно лис из групп повышенного риска, филис из групп повышенного ри- тов с диагнозом нальный тивная стати- (правый и левый бе- медико- которые принимали лечение в со- ска, которые принимали лечение сифилис показатель стика рег), целевой группе, санитарное ответствии с национальными стан- в соответствии с национальными полу, возрастным учреждение дартами стандартами группам Республикан- ский кожно- венерический диспансер % пациентов с диагнозом гоно- Число пациентов с диагнозом го- Число пациен- Нацио- Администра- Разбивка по области Публичное Ежегодно рея из групп повышенного риска, норея из групп повышенного ри- тов с диагнозом нальный тивная стати- (правый и левый бе- медико- которые принимали лечение в со- ска, которые принимали лечение гонорея показатель стика рег), целевой группе, санитарное ответствии с национальными стан- в соответствии с национальными полу, возрастным учреждение дартами стандартами группам Республикан- ский кожно- венерический диспансер 3.2 Уход, поддержка и лечение
Показатели результата 1 2 3 4 5 6 7 8 9 10 % взрослых и детей Число взрослых и Оценочное число взрослых Показатель Административ- Разбивка по об- Национальный Ежегодно 34.6% 80% с ВИЧ, которые детей с ВИЧ, которые и детей с ВИЧ, которые UNGASS 4 ная статистика/ ласти (правый центр СПИДа принимают лече- приняли лечение АРВ нуждаются в лечении АРВ SPECTRUM и левый берег), ние АРВ к концу отчетного полу, возрастным периода группам % пациентов с ТБ/ Число пациентов, Число пациентов с ТБ/ВИЧ, Показатель Административная Разбивка по об- Национальный Ежегодно 38.7% 60% ВИЧ, которые на- которые принимали зарегистрированных служ- UNGASS 6 статистика ласти (правый центр СПИДа чали лечение ТБ/ лечение АРВ согласно бой фтизиопульмонологии и левый берег), ВИЧ национальным прото- (SIME TB) полу, возрастным колам, и начали анти- группам туберкулезное лечение в отчетном году
Показатели процесса/продукта % зарегистрированных взрослых Число взрослых и детей Число живых взрослых и Показатель Уни- Административ- Разбивка по об- Национальный Ежегодно и детей с ВИЧ, которые посетили с ВИЧ, которые посетили детей, зарегистрирован- версальный до- ная статистика ласти (правый центр СПИДа клинику для наблюдения хотя клинику для наблюдения ных с ВИЧ-инфекцией ступ EВРО 2 и левый берег), бы один раз в течение отчетного хотя бы один раз в течение полу, возраст- года отчетного года ным группам, вероятному пути передачи % ЛЖВ под наблюдением, кото- Число взрослых и детей с Число живых взрослых и Показатель Уни- Административ- Разбивка по об- Национальный Ежегодно рые получили не менее одного ВИЧ, которые получили не детей, зарегистрирован- версальный до- ная статистика ласти (правый центр СПИДа теста CD4 в последний год менее одного теста CD4 в ных с ВИЧ-инфекцией ступ EВРО 2 и левый берег), последний год полу, возраст- ным группам, вероятному пути передачи % ЛЖВ под наблюдением, кото- Число взрослых и детей с Число живых взрослых и Показатель уни- Административ- Разбивка по об- Национальный Ежегодно рые получили не менее одного ВИЧ, которые получили не детей, зарегистрирован- версальный до- ная статистика ласти (правый центр СПИДа теста на РНК в последний год менее одного теста на РНК ных с ВИЧ-инфекцией ступ EВРО 2 и левый берег), в последний год полу, возраст- ным группам, вероятному пути передачи
317 дополнительные нормативные акты % ЛЖВ, которые прошли скри- Число взрослых и детей Число живых взрослых и Национальный Административ- Разбивка по об- Национальный Ежегодно
318 нинг на ТБ в последний год с ВИЧ, которые прошли детей, зарегистрирован- показатель ная статистика ласти (правый центр СПИДа скрининг на ТБ в послед- ных с ВИЧ-инфекцией и левый берег), ний год полу, возраст- ным группам, вероятному пути передачи % учреждений, отпускающих Количество учреждений, Количество учреждений, Дополнитель- Административ- Разбивка по об- Национальный Ежегодно препараты АРВ, которые испы- выпускающих препараты выпускающих препараты ный показатель ная статистика ласти (правый центр СПИДа тали дефицит хотя бы одного из АРВ, которые испытали АРВ UNGASS и левый берег) АРВ-препаратов в течение по- дефицит хотя бы одного из следнего года АРВ-препаратов в течение последнего года Торговля людьми и равенство полов в Молдове
3.3. Поддерживающая среда
Показатели 1 2 3 4 5 6 7 8 9 10 % взрослых и детей Число взрослых и Число опрошенных взрос- Националь- Исследования/ Ад- Разбивка по об- Министерство Каждые - 10% с ВИЧ, которые по- детей с ВИЧ, которые лых и детей с ВИЧ/ Число ный показа- министративная ласти (правый и труда, социальной 2-3 года/ лучили социальную получили социаль- взрослых и детей, зареги- тель статистика левый берег), полу, защиты и семьи ежегодно помощь в течении ную помощь в тече- стрированных с ВИЧ и со- возрастным груп- последнего года ние последнего года ответствующих критериям пам, вероятному для социальной поддержки в пути передачи течение последнего года % взрослых и детей Число взрослых и Число опрошенных взрос- Националь- Исследования/ Ад- Разбивка по об- Национальный Каждые - 10% с ВИЧ, которые детей с ВИЧ, которые лых и детей с ВИЧ/ Число ный показа- министративная ласти (правый и центр СПИДа 2-3 года/ получили психосо- получили психосо- взрослых и детей, зареги- тель статистика левый берег), полу, ежегодно циальную помощь в циальную помощь в стрированных с ВИЧ и соот- возрастным груп- течение последнего течение последнего ветствующих критериям для пам, вероятному года года психосоциальной поддержки пути передачи в течение последнего года % взрослых и детей Число взрослых и Число опрошенных взрос- Националь- Исследования/ Ад- Разбивка по об- Национальный Каждые 0% 10% с ВИЧ, охваченных детей с ВИЧ, охва- лых и детей с ВИЧ/ Число ный показа- министративная ласти (правый и центр СПИДа 2-3 года/ услугами менед- ченных услугами взрослых и детей, зареги- тель статистика левый берег), полу, ежегодно жмента случая менеджмента случая стрированных с ВИЧ и соот- возрастным груп- ветствующих критериям для пам, вероятному услуг по менеджменту случая пути передачи 3.4. Координирование и внедрение национального ответа
Показатели результата Показатель Порядок измерения Между- Источник Разбивка Ответ- Частота Основ- Ожида- народный данных ственное отчет- ное емые гид учреж- ности зна- значения дение чение (2015) Национальный комбиниро- Инструмент измерения Нацио- Индикатор Интервью с ключевыми - Внешняя ежегодно 18 20 ванный индекс политики нального комбинированного ин- UNGASS # 2 информаторами оценка декса политики
Показатели процесса/продукта 1 2 3 4 5 6 7 8 % государственных ресурсов, израсходованных Методология NASA Индикатор Министерство здра- Ежегодно на ВИЧ/СПИД UNGASS воохранения #1 Учреждение для координирования внедрения - - - - - НКС, Секретариат Ежегодно мер национального ответа, имеющее соответ- ствующие межсекторальные полномочия, исходя из нормативных актов, которое выполняет свои обязанности Единица мониторинга и оценки национального - - - - - НКС, Секретариат Каждые ответа, имеющая соответствующие межсекто- полгода ральные полномочия исходя из нормативных актов, которая выполняет свои обязанности % проведенных, из всех запланированных, засе- Количество прове- Количество за- - Административная НКС, Секретариат Каждые даний Национального координационного совета денных заседаний планированных статистика полгода НКС заседаний НКС % составленных, из всех запланированных, от- Количество со- Количество за- - Административная - Национальный Каждые четов по мониторингу и оценке ставленных отче- планированных статистика центр СПИДа полгода тов по мониторин- отчетов по мони- гу и оценке торингу и оценке % проведенных заседаний ТРГ для каждой груп- Число проведен- Число запланиро- - Административная Разбивка НКС, Секретариат Каждые 6 пы отдельно из всех запланированных ных заседаний ванных заседаний статистика по ТРГ месяцев ТРГ ТРГ % проведенных, из всех запланированных, ис- Число проведен- Число запланиро- - Административная - Национальный Ежегодно следований ных исследований ванных исследо- статистика центр СПИДа ваний
319 дополнительные нормативные акты Taблица 2
320 Роль институтов в области мониторинга и оценки программы
Уполномоченный орган Частота отчет- Комментарии ности 1 2 3
ПРОФИЛАКТИКА Национальный центр общественного здоровья Ежеквартально Обобщенные данные для территориальных центров Общественного здоровья, утвержденные и помещенные в SIDATA Центр по профилактике и контролю СПИДа Ежеквартально Обобщенные данные, помещенные в SIDATA. Проверка данных на каждый тематический сектор Программы Министерство просвещения 1 раз в 6 меся- Обобщенные данные для учебных заведений и неправительственных организаций, утвержденные Торговля людьми и равенство полов в Молдове
цев и помещенные в SIDATA Министерство по делам молодежи и спорта Ежегодно Обобщенные данные органов публичного управления о деятельности, предпринятой молодыми специалистами и НПО, утвержденные и помещенные в SIDATA Публичные медико-санитарные учреждения (ДКТ) Ежеквартально Данные по каждому случаю, автоматизированная система ДКТ Публичные медико-санитарные учреждения Республи- Ежеквартально Данные по каждому выявленному случаю, обобщенные и закодированные в автоматизированной канский кожно-венерический диспансер (БППП) системе SIME-ITS на уровне РКВД. Проверка и внедрение в SIDATA Сети НПО Ежеквартально Совокупные данные НПО и публичных организаций по внедрению, утвержденные и помещенные в SIDATA. НПО “Национальный центр по ресурсам для молодежи” Ежеквартально Обобщенные данные из окружных и местных ресурсных центров для молодежи, помещенные в SIDATA. Утверждение – Министерство молодежи и спорта Департамент пенитенциарных учреждений (СВ и ДКТ) Ежеквартально Обобщенные данные, проверенные и помещенные в SIDATA Публичное медико-санитарное учреждение Республи- Ежеквартально Обобщенные данные из территориальных служб наркологии, утвержденные и помещенные в канский наркологический диспансер SIDATA Тираспольский центр СПИДа Ежеквартально Обобщенные данные по региону Национальный центр переливания крови Ежеквартально Обобщенные данные, проверенные и помещенные в SIDATA Центр здоровья для молодежи “Neovita” Ежеквартально Обобщенные данные из районных центров здоровья для молодежи, проверенные и помещенные в SIDATA Национальный центр репродуктивного здоровья и ме- Каждые полгода Обобщенные данные по репродуктивному здоровью из районных отделений дицинской генетики Работодатели, профсоюзы и частный сектор Каждые полгода Данные, представленные Министерством труда, социальной защиты и семьи, ответственным за их обобщение и внедрение в SIDATA НПО Ежеквартально Данные, представленные соответствующими сетями, ответственными за их обобщение и внедре- ние в SIDATA Религиозный сектор Ежеквартально Данные, представленные данной сетью, ответственной за обобщение и внедрение в SIDATA Доноры Каждые полгода Информация по видам помощи и исполнителям ЛЕЧЕНИЕ И УХОД Региональные центры по АРВ-терапии Ежеквартально Клинический менеджмент случая, закодированные данные, введенные в SIME-HIV Публичное медико-санитарное учреждение, Республи- Ежеквартально Сводные данные по АРВ-терапии, поступившие из SIME-HIV, введенные в SIDATA. Администра- канская инфекционная больница имени Тома Чорбэ тивные данные о паллиативном стационарном лечении, введенные в SIDATA. Центр по профилак- (паллиативная и АРВ-терапия в стационарных услови- тике и контролю СПИДа – ответственный за проверку ях) Тираспольский центр СПИДа (лечение) Ежеквартально Обобщенные данные от инфекционистов НПО Ежеквартально Данные по услугам паллиативного ухода, предоставленные социальными центрами и неправи- тельственными организациями, введенные в SIDATA. Проверка посредством сетей неправитель- ственных организаций
СОЦИАЛЬНАЯ ЗАЩИТА И ПОДДЕРЖКА Министерство труда, социальной защиты и семьи Каждые полгода Обобщенные данные от дочерних учреждений (вертикальные автоматизированные и неавтомати- зированные) и неправительственных организаций, проверенные и помещенные в SIDATA. Республиканский совет медицинской экспертизы жиз- Каждые полгода Обобщенные данные, введенные в базу данных для учета информации о лицах, инфицированных неспособности и пострадавших от ВИЧ, входящих в систему социальной защиты Республиканский фонд социальной поддержки населе- Каждые полгода Обобщенные данные, введенные в базу данных для учета информации о лицах, инфицированных ния и пострадавших от ВИЧ, входящих в систему социальной защиты Национальная касса социального страхования Каждые полгода Обобщенные данные, введенные в базу данных для учета информации о лицах, инфицированных и пострадавших от ВИЧ, входящих в систему социальной защиты
БЛАГОПРИЯТНАЯ СРЕДА Секретариат НКС Ежеквартально Обобщенные данные, введенные в SIDATA, проверенные Национальным центром СПИДа Секретариат сетей Ежеквартально Обобщенные данные, введенные в SIDATA, проверенные Национальным центром СПИДа НПО Ежеквартально Данные, переданные сетями НПО или введенные непосредственно в SIDATA Центр по профилактике и контролю СПИДа Ежеквартально Данные по внедрению программы по координированию, укреплению системы мониторинга и оценки, включенные в SIDATA
321 дополнительные нормативные акты Приложение № 3
322 к Национальной программе по профилактике и контролю ВИЧ/СПИД-инфекции и инфекций, передающихся половым путем на 2011-2015
Финансирование Программы по конкретным задачам (до 2015) Год 1 Год 2 Год 3 Год 4 Год 5 Финансирование из национального бюджета Финанси- рование Итого Финанси- из финанси- рование проектов рование Итого из и грантов, № Задачи Итого из 2011 2012 2013 2014 2015 % 2011 2012 2013 2014 2015 утверж- представ- нацио- денных ляемых нального грантов для бюджета финанси- Торговля людьми и равенство полов в Молдове
рования I Обеспечение досту- 43901696 43651277 46455117 43816064 44736512 222560666 20,7% 13130000,8 0 0 13721600 13721600 40573201 6326874 175660591 па не менее 10% от общего числа на- селения к услугам по профилактике ВИЧ и ИППП к 2015 году II Обеспечение досту- 10254528 9372467 15989402 16856666 18754982 71228045 6,6% 0 0 0 0 0 0 11763174 59464870 па до 60% от пред- полагаемого числа групп повышенного риска (РКС, МСМ, ПИН) к профилак- тическим услугам к 2015 году III Обеспечение 10% 9216000 9254400 9216000 9216000 9216000 46118400 4,3% 0 0 0 0 0 0 1907200 44211200 населения презерва- тивами IV Обеспечение лече- 10632136 11052232 10948500 11188680 11573908 55395456 5,2% 10112000 0 0 10112000 10112000 30336000 1040256 24019200 нием до 80% паци- ентов с диагнозом ИППП к 2015 году V Обеспечение досту- 4005402 4150400 4248064 4622848 4741632 21768346 2,0% 715520 715520 0 715520 715520 2862080 4100634 14805632 па не менее 95% бе- ременных женщин с ВИЧ к услугам по профилактике пере- дачи инфекции от матери плоду к 2015 году VI Обеспечение 100% 19448320 19448320 19448320 19448320 19448320 97241600 9,1% 15321600 7182421,6 0 15321600 15321600 53147222 8087808 36006570 безопасности проб крови подготовлен- ной к переливанию VII Обеспечение досту- 363520 128000 128000 358400 128000 1105920 0,1% 0 0 0 0 0 0 128000 977920 па к постконтактной профилактике ли- цам, подвергшимся риску инфицирова- ния ВИЧ VIII Обеспечение 44184550 46458074 54831629 63698714 74664064 283837030 26,5% 9230080 14055808 995200 15777664 15777664 55836416 42717325 185283290 АРТ-терапией 80% из числа оце- ниваемых ВИЧ- инфицированных лиц и больных СПИДом, которые нуждаются в лече- нии к 2015 году IX Обеспечение ухо- 19659310 19068646 19096658 19071656 16965248 93861518 8,8% 5099699,2 5102950,4 0 5105958,4 5105920 20414528 12710400 60736590 да и поддержки 10% из числа оце- ниваемых ВИЧ- инфицированных лиц и больных СПИДом к 2015 году X Создание к 2015 38491418 37695232 46089600 38282291 18973005 179531546 16,7% 0 0 0 0 0 0 81105498 98426048 году эффективной системы менед- жмента Программы ИТОГО 200156879 200279048 226451290 226559638 219201672 1072648526 100,0% 53608900 27056700 995200 60754342 60754304 203169446 169887168 699591911 ИТОГО % 100,0% 18,9% 15,8% 65,2%
323 дополнительные нормативные акты Торговля людьми и равенство полов в Молдове
30. ПОСТАНОВЛЕНИЕ об утверждении Минимальных стандартов качества социальных услуг, предоставляемых жертвам насилия в семье N 1200 от 23.12.2010 Мониторул Офичиал N 259-263/1320 от 31.12.2010
*** В целях реализации пункта b) части (2) статьи 12 Закона о социальной помощи № 547-XV от 25 декабря 2003 г. (Официальный монитор Республики Молдова, 2004 г., № 42-44, ст.249), с последующими изменения- ми и дополнениями, а также части (9) статьи 10 Закона о предупреждении и пресечении насилия в семье № 45-XVI от 1 марта 2007 г. (Официальный монитор Республики Молдова, 2008 г., № 55-56, ст.178), с последую- щими изменениями и дополнениями, Правительство ПОСТАНОВЛЯЕТ: 1. Утвердить Минимальные стандарты качества социальных услуг, предоставляемых жертвам насилия в семье (прилагаются). 2. Внедрение Минимальных стандартов качества социальных услуг, предоставляемых жертвам насилия в семье, осуществляется поставщиками социальных услуг в пределах ассигнований, предусмотренных в со- ответствующих бюджетах, а также средств, поступающих от пожертвований, грантов, других источников, в соответствии с действующим законодательством. 3. Контроль за выполнением настоящего постановления возложить на Министерство труда, социальной защиты и семьи.
ПРЕМЬЕР-МИНИСТР Владимир ФИЛАТ
Контрассигнуют: министр труда, социальной защиты и семьи Валентина Булига министр финансов Вячеслав Негруцa
Кишинэу, 23 декабря 2010 г. № 1200.
Утверждены Постановлением Правительства № 1200 от 23 декабря 2010 г.
МИНИМАЛЬНЫЕ СТАНДАРТЫ качества социальных услуг, предоставляемых жертвам насилия в семье Раздел 1 ОБЩИЕ ПОЛОЖЕНИЯ 1. В настоящих Минимальных стандартах качества социальных услуг, предоставляемых жертвам наси- лия в семье (в дальнейшем – Минимальные стандарты), используются следующие понятия: пользователи услуг – пользователями услуг, предоставляемых Центром, являются жертвы насилия в се- мье: женщины, мужчины и пары “мать-ребенок/дети”, “отец-ребенок/дети”; критические ситуации – совокупность психосоциальных и физических обстоятельств, которые пред- ставляют неизбежную угрозу для жизни и физической и психосоциальной целостности лица и требуют немедленного вмешательства; индивидуализированный план помощи – документ, устанавливающий краткосрочные, среднесрочные или долгосрочные задачи, с уточнением способов вмешательства и помощи жертве насилия в семье, с по- мощью которых осуществляется деятельность и предоставляются услуги, соответствующие случаю.
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2. Центр бесплатно предоставляет пользователям специализированные социальные услуги и удовлетво- ряет специфические и реальные нужды каждого лица, пользующегося услугами: a) обеспечивает прием, защиту и размещение жертв насилия в семье; b) предоставляет услуги личной гигиены; c) предоставляет юридическую, социальную, психологическую и срочную медицинскую помощь; d) оказывает информационную поддержку для поиска жилья, дошкольного или доуниверситетского учреждения; e) предоставляет неформальное образование в целях усвоения знаний и формирования навыков, необ- ходимых для социальной интеграции; f) продвигает социализацию и развитие отношений с сообществом и/или семей; g) облегчает доступ и информирует пользователя о системе социальной защиты; h) разрабатывает совместно с пользователем индивидуализированный план помощи против любой фор- мы запугивания, дискриминации, злоупотребления и эксплуатации; i) осуществляет поддержку пары “родитель-ребенок/дети” в целях воспитания самостоятельности, кото- рая бы способствовала реинтеграции пары в семью и/или сообщество; j) положения пользователей услуг мониторинг после реинтеграциии в семью и общество. 3. Услуги, предлагаемые в Центре, отражают положения Конвенции ООН об устранении всех форм дис- криминации в отношении женщин, ратифицированной Постановлением Парламента № 87-XIII от 28 апре- ля 1994 г., а также других конвенций о правах человека, стороной которых является Республика Молдова. 4. Права каждого пользователя признаются, соблюдаются и реализуются. 5. Социальный работник – координатор случая в рамках Центра разрабатывает для каждого пользователя индивидуализированный план помощи, на основании которого ему предоставляются качественные услуги. 6. Персонал Центра осуществляет партнерские взаимоотношения с пользователями услуг, основанные на искренности, честности и добром отношении. 7. Права пользователей на сохранение интимности и на личную жизнь строго соблюдаются. 8. Данные о пользователях Центра являются конфиденциальными.
Принципы предоставления социальных услуг в Центре – Стандарт I 9. Цель деятельности Центра вытекает из фундаментальных принципов, определяющих аспекты его дея- тельности. Данными принципами являются: a) соблюдение и продвижение прав, интересов и достоинства лиц, которым предоставляется помощь, – принятие четкой политики по осуждению всех форм насилия в семье. Жертвы насилия, обратившиеся в Центр, не должны предоставлять доказательства насилия, которому они подверглись. Важно, чтобы им было оказано доверие и к ним обращались без предвзятости; b) обеспечение доступа к качественным услугам – профессионализм является предварительным усло- вием для целостного применения принципов. Персонал должен быть адекватно проинструктирован. Не- обходимо составлять соответствующие распоряжения для непрерывного обучения персонала. В целях пре- доставления необходимых поддержки и услуг количество работников должно соответствовать количеству пользователей услуг. В процессе предоставления услуг персоналу Центра помогают волонтеры. Управление финансовыми ресурсами должно быть экономным и эффективным. Услуги, предоставленные Центром, бу- дут контролироваться инспекциями качества; c) недискриминация – Центр должен быть открыт для всех жертв насилия, независимо от расы, цвета кожи, пола, вероисповедания, политических взглядов, национальности, этнической и социальной принад- лежности, гражданского состояния, ограниченных возможностей, ВИЧ-статуса и др.; d) обеспечение конфиденциальности и профессиональной этики – для защиты прав пользователей услуг и их целостности необходимо, чтобы они были вправе решать, какая информация может быть разглашена. Поэтому персонал Центра не вправе передавать какую-либо информацию без согласия пользователя услуг. Исключение составляют только случаи, когда жизни и здоровью пользователя услуг угрожает опасность (например, попытки суицида, высокий риск насилия со стороны партнера либо жестокое обращение с деть- ми со стороны пользователей услуг). Пользователи услуг также обладают правом получения консультаций и помощи, не раскрывая свою личность; e) уважение мнения лица, получающего помощь (взрослого или ребенка), – важно соблюдать право поль- зователя услуг принимать решение относительно своей жизни. Соответствующие специалисты не должны оказывать давление в процессе принятия решения пользователем услуг. Важно, чтобы пользователь услуг осознавал, что только он вправе принимать решение и его решение уважается. Цель вмешательства заклю- чается в том, чтобы положить конец насилию, а не ставить точку в отношениях;
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f) междисциплинарность и многопрофильность – поддержка и защита в Центре осуществляется про- фессиональной группой, в которой задачи и ответственность распределены между ее членами. Рассмотре- ние случаев осуществляется путем процедуры направления, основанной на многопрофильном подходе, при необходимости, с участием специалистов вне Центра; g) открытость для общества – это касается отношений с обществом посредством кампаний по инфор- мированию общественности с целью создания и оказания влияния на публичные выступления, сообщения и восприятие насилия в семье и существование центров. Насилие в семье продолжает быть предметом табу во многих странах, поэтому информационные кампании, инициированные и руководимые центрами, игра- ют роль проводника прав человека и являются импульсом к воспитанию ненасильственного поведения. 10. Центр сотрудничает с органами местного публичного управления административно-территориальной единицы, в которой он действует, а также с Министерством труда, социальной защиты и семьи, представляя им регулярно и/или по требованию, но не реже одного раза в год, сведения о проведенной деятельности. 11. Учредитель утверждает Положение о внутренней организации и функционировании на основании Типового положения об организации и функционировании центров реабилитации жертв насилия в семье, утвержденного Постановлением Правительства № 129 от 22 февраля 2010 г., которое определяет задачи, виды деятельности и предоставляемые услуги, порядок внутренней организации помещений Центра, права и обязанности сотрудников и пользователей услуг, кадровые ресурсы и управление Центром. 12. Администрация Центра обеспечивает ознакомление персонала Центра и пользователей его услуг с содержанием Положения об организации и функционировании. 13. Организация помещений и деятельности Центра осуществляются по семейному типу.
Расположение и внутреннее обустройство – Стандарт II 14. В целях обеспечения надежности и безопасности пользователей местонахождение вновь созданных центров не будет известно широкой общественности. Существующие центры, о местонахождении которых известно на момент вступления в силу настоящих стандартов, будут функционировать и в дальнейшем. 15. Центр расположен в населенных пунктах, в которых обеспечен доступ транспортных средств, а так- же есть возможность осуществлять деятельность за пределами Центра и пользоваться различными обще- ственными услугами: социальными, юридическими, медицинскими, образовательными, профессиональ- ными, культурными, по организации досуга и т.д. 16. Центр функционирует в соответствии с действующими правилами и нормами, утвержденными Ми- нистерством здравоохранения. 17. Центр может размещаться в отдельном здании или в зданиях социальных учреждений. Не допускает- ся размещение в подвалах, в сырых помещениях, не имеющих естественного освещения. 18. Центр должен располагать помещениями, предназначенными для воспитательно-образовательного процесса, площадь которых должна соответствовать действующим санитарным нормам. 19. Центр должен быть обеспечен водопроводом, канализацией, отоплением, электричеством, природ- ным газом (по возможности), вентиляционной системой, естественным освещением и обладать разреше- ниями на деятельность, предусмотренными законодательством.
Пользователи услуг Центра – Стандарт III 20. Центр организуется в соответствии со специфическими потребностями пользователей услуг и пре- доставляет специализированные услуги по защите и помощи жертвам насилия в семье, основываясь на критерии пола пользователей услуг (центры для женщин и центры для мужчин). 21. Пользователями услуг Центра являются: a) женщины – жертвы насилия в семье; b) мужчины – жертвы насилия в семье; c) пара “мать-ребенок” – жертвы насилия в семье; d) пара “отец-ребенок” – жертвы насилия в семье.
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Раздел 2 ДОПУСК И РАЗМЕЩЕНИЕ В ЦЕНТРЕ Допуск пользователя услуг в Центр – Стандарт IV 22. Допуск в Центр жертвы насилия в семье осуществляется с соблюдением принципа недискриминации. 23. Процедура допуска в Центр: a) принятие в Центр осуществляется при представлении личного дела пользователя услуг территориаль- ным органом социальной защиты, органом внутренних дел. Разрешается его направление другими органа- ми местного публичного управления, иными уполномоченными учреждениями; b) в срочных случаях разрешается прием пользователей услуг в любое время. 24. В ситуациях, когда выявляются случаи насилия в семье, центры сотрудничают с территориальными органами полиции согласно действующему законодательству. 25. В случае размещения пары “родитель-ребенок/дети” менеджер Центра обязан незамедлительно про- информировать территориальный орган попечительства. 26. Не допускается размещение лиц с активными формами инфекций (туберкулез, малярия, кишечные и другие инфекционные заболевания), которые могут подвергать опасности здоровье пользователей услуг и персонала Центра. 27. Не принимаются в Центр лица, объявленные правоохранительными органами в розыск за соверше- ние уголовных преступлений, либо лица, которые пытаются скрыться от правосудия. 28. Не принимаются в Центр лица, находящиеся в состоянии алкогольного опьянения либо наркотиче- ского воздействия. Не предоставляется помощь лицам, которые во время нахождения в Центре употребля- ют алкогольные напитки и наркотические вещества. 29. Лица с физическими или психическими ограниченными возможностями принимаются в Центр по решению координатора случая и менеджера Центра только после предварительного обследования и только в случае, когда имеющиеся условия соответствуют специфическим потребностям в уходе. 30. Пользователи услуг информируются о своих правах и обязанностях на весь период размещения. 31. При допуске в Центр пользователи услуг подписывают с администрацией Центра договор о размеще- нии (согласно приложению № 1 к настоящим Стандартам). 32. Договор составляется представителем администрации и пользователем услуг на момент размещения пользователя в Центре; согласно образцу договора о размещении администрация Центра может разрабо- тать на основе приложенного образца договора о размещении собственный договор о размещении с соблю- дением принципа договорной свободы сторон. 33. Полная оценка пользователя услуг осуществляется назначенным координатором случая совместно с общественным социальным работником. Индивидуализированный план помощи ежемесячно либо при не- обходимости пересматривается с целью его адаптации к появляющимся новым социальным нуждам. 34. Для каждого пользователя услуг Центра составляется личное дело, содержащее личные данные, све- дения о семье, образовании и квалификации, медицинская карточка, другие необходимые и полезные доку- менты для каждого случая в отдельности, социальная анкета, отражающая причины ситуации социального риска, индивидуализированный план помощи. 35. При допуске пользователя услуг в Центр координатор случая заполняет карту первичной регистра- ции случая (согласно приложению № 2 к настоящим Стандартам).
Размещение пользователя услуг в Центре – Стандарт V 36. Центр обеспечивает временное размещение пользователя услуг и оказание ему специализированной помощи. 37. На протяжении размещения пользователя услуг специализированная помощь включает спектр услуг, указанных в пункте 8 Типового положения об организации и функционировании центров реабилитации жертв насилия в семье, утвержденного Постановлением Правительства № 129 от 12 февраля 2010 г. 38. Помощь пользователю услуг оказывается на основании индивидуализированного плана услуг, ко- торый устанавливает способы вмешательства и помощь жертвам насилия в семье, с определением деятель- ности и услуг, адекватных случаю. 39. Размещение пользователя услуг в Центре предусматривает: a) составление и обновление личного дела пользователя услуг координатором случая в партнерстве с территориальным органом социального обеспечения; b) комплексную оценку нужд пользователя услуг;
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c) разработку в 15-дневный срок с даты размещения пользователя услуг в Центре индивидуализиро- ванного плана помощи (согласно документу “Менеджмент конкретного случая – справочник социального работника”, утвержденному Приказом министра труда, социальной защиты и семьи № 71 от 3 октября 2008 г., приложение № 4) координатором случая с прямым и непосредственным участием пользователя; d) пересмотр индивидуализированного плана помощи ежемесячно или при необходимости для его адаптации к появившимся новым социальным нуждам; e) включение в План областей вмешательства, конкретных действий и сроков реализации; f) согласование координатором случая всех действий специалистов, с регистрацией не реже одного раза в две недели динамики случая на основании отчетов специалистов; g) ежемесячный пересмотр индивидуализированного плана помощи координатором случая совместно с общественным социальным работником и наблюдение за эффективностью запланированных действий; занесение заключений по пересмотру плана в дело пользователя услуг; h) информирование пользователя услуг о результатах пересмотра индивидуализированного плана по- мощи.
Раздел 3 ВИДЫ УСЛУГ, ПРЕДОСТАВЛЯЕМЫХ ЦЕНТРОМ Услуги для проживания в Центре – Стандарт VI 40. В Центре пользователю услуг предоставляются безопасные и соответствующие его потребностям условия для проживания. 41. По письменной просьбе жертвы насилия обеспечивается ее защита от агрессоров. 42. Спальня должна соответствовать следующим требованиям: a) пользователи услуг размещаются в общих или – в случае пары “родитель-ребенок/дети” – отдельных комнатах, оборудованных в соответствии с потребностями взрослого и ребенка: мебель, кровать для взрос- лого, детская кровать, тумбочка, платяной шкаф, стул; b) общие комнаты включают не более 2 мест с площадью не менее 6 кв.м на каждого человека, а комнаты для пары “родитель-ребенок/дети” – не более 4 мест с площадью не менее 20 кв.м; c) пользователь участвует в обустройстве комнаты для придания ей индивидуального характера; d) розетки, окна, лестницы и т.д. защищены с целью предупреждения возможного травматизма; e) постельное белье меняется по необходимости, но не реже одного раза в 7 дней; f) в комнатах поддерживается надлежащая чистота и гигиена, ежедневная уборка проводится пользова- телем услуг. 43. Центр является местом, в которое приходят пользователи услуг с одинаковым опытом. Общие по- мещения предназначены для проведения досуга и организации различной деятельности, для того, чтобы поделиться пережитым опытом: a) помещение оснащено мебелью и оборудованием для отдыха, игр, занятий по социализации и груп- повых тематических дискуссий (кресла, стулья, журнальный столик, воспитательные наглядные пособия, видео- и радиоаппаратура и т.д.); b) Центр располагает помещением для проведения досуга пары “родитель-ребенок”. 44. Центр располагает комнатой для посещений, оборудованной соответствующей мебелью. 45. Санитарно-гигиенические помещения соответствуют следующим требованиям: a) Центр располагает санитарно-гигиеническими помещениями отдельно для персонала, пользователей услуг и посетителей; b) количество санитарно-гигиенических помещений устанавливается в соответствии с количеством пользователей услуг (в соотношении 1 к 4); c) в Центре оборудовано специальное помещение для хранения санитарно-гигиенических средств, недо- ступное для детей, а также прачечная для стирки одежды, постельного и нательного белья; d) помещение для стирки оборудовано автоматическими стиральными и сушильными машинами, утю- гом и столами для глажки; e) каждый пользователь несет ответственность за стирку личного белья; f) санитарно-гигиенические помещения обеспечиваются холодной и горячей проточной водой постоян- но и позволяют соблюдать интимность пользователям услуг; g) санитарно-гигиенические помещения ежедневно убираются обслуживающим персоналом. 46. Изолятор должен соответствовать следующим требованиям:
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a) Центр располагает специальными помещениями, оборудованными в качестве изолятора, для предот- вращения опасности заражения пользователей услуг; b) изолятор в обязательном порядке располагается на первом этаже с отдельным выходом на террито- рию и с умывальником для персонала; c) изолятор предназначен для изолирования лиц с признаками острого заболевания и для помещения пользователей услуг, размещенных в срочном порядке, в целях гигиенической обработки, а также для их изолирования на период медицинского осмотра; d) изолятор состоит из палаты и отдельного санитарного узла и оснащен кроватью для матери, детской кроваткой, стулом и тумбочкой, столом для пеленания, корзиной для грязного белья. 47. Кухня должна соответствовать следующим требованиям: a) Центр располагает производственным помещением – кухней, в которой готовится еда, и помещением для приема пищи. В процессе приготовления пищи используется агропродовольственное сырье, в том числе в виде полуфабрикатов, очищенное, разделенное на порции и упакованное; b) помещения для приготовления и приема пищи должны соответствовать требованиям, оговоренным в санитарно-гигиенических правилах и нормативах для учреждений общественного питания, утвержденных Постановлением Правительства № 1209 от 8 ноября 2007 г.; c) к процессу приготовления пищи допускаются служащие Центра, имеющие профессиональную подго- товку в данной области, обладающие медицинской карточкой с соответствующими отметками о медицин- ском контроле и гигиеническом инструктаже; d) в случае, если Центр является частью социального учреждения, он пользуется услугами кухни соответ- ствующего санитарно авторизованного учреждения согласно положениям действующего законодательства.
Услуги здравоохранения в рамках Центра – Стандарт VII 48. Центр предоставляет следующие услуги здравоохранения: медицинский надзор, неотложную меди- цинскую помощь и продвижение здорового образа жизни. 49. Каждый пользователь услуг, на момент допуска в Центр, получает консультацию медицинского пер- сонала. 50. Услуги по оказанию первичной и специализированной медицинской помощи, при необходимости, предоставляются пользователям услуг территориальными медицинскими учреждениями в соответствии с положениями действующих нормативных актов. 51. Центр располагает четкими процедурами действий при несчастных случаях или заболеваниях. При размещении в безотлагательных случаях пользователь услуг помещается в Центр через изолятор, в котором осуществляется первоначальный медицинский осмотр и надзор и проводятся необходимые обследования. 52. Центр располагает медицинским кабинетом, предназначенным для оказания неотложной медицин- ской помощи. Медицинский кабинет оснащен мебелью (рабочий стол, стулья, шкаф для хранения медика- ментов), аппаратурой и медицинским оборудованием (холодильник, термометры, тонометр, фонендоскоп, одноразовые шпатели, бикс, кварцевая лампа и др.), набором медикаментов и инструментов для оказания неотложной медицинской помощи, антисептическими и дезинфицирующими препаратами, приспособле- ниями для наведения порядка и общей уборки. 53. Центр располагает медицинским персоналом (врач или медсестра), который оказывает профилак- тическую медицинскую помощь, медицинскую помощь больным детям и первую помощь в неотложных ситуациях. 54. Контактные данные для связи с медицинским персоналом вывешиваются на видном месте и доступ- ны для пользователей услуг. 55. Центр располагает четкими процедурами по регистрации, хранению, распределению и назначению медикаментов, а также по управлению медицинскими отходами. 56. Первая помощь в неотложных ситуациях: а) персонал Центра оказывает первую помощь в неотложных ситуациях; b) скорая медицинская помощь, при необходимости, предоставляется службами скорой помощи.
Психосоциальные услуги в рамках Центра – Стандарт VIII 57. Психосоциальные услуги предоставляются в специальном помещении, обеспечивающем комфорт и безопасность, в целях облегчения дискуссий между пользователями услуг и персоналом Центра. 58. Психосоциальные услуги предоставляются психологом /социальным ассистентом /психопедагогом и включают психологическое собеседование, психологическую и социальную поддержку, предоставляемую жертвам насилия в семье, в целях психологической реабилитации и преодоления кризисных ситуаций.
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59. При проведении психологических собеседований учитывается “интимное пространство” пользова- теля услуг, обеспечивающее ему комфорт и уверенность. 60. С учетом необходимости, для пользователи услуг могут проводиться индивидуальные и групповые психологические собеседования. 61. Психологические собеседования проводятся с четкими целями, которые вырабатываются совместно с пользователями услуг. 62. Содержание собеседований регистрируется/записывается в карте наблюдения (согласно приложе- нию № 3 к настоящим Стандартам) с указанием предложений/рекомендаций для последующих психологи- ческих собеседований. Карты наблюдения прилагаются к личному делу пользователя услуг. 63. Индивидуальные психологические собеседования являются поддерживающими, терапевтическими и воспитательными, а групповые определяются типом группы: для поддержки, группы для обсуждений и т.д. 64. Психологические собеседования основываются на принципе психологической реабилитации жертв насилия в семье и направлены на преодоление кризисных ситуаций и формирование следующих знаний, навыков и умений: a) приобретение уверенности в себе и других людях; b) приобретение социальных навыков; c) развитие способности принимать решения; d) приобретение знаний о социальных услугах и трудоустройстве; e) развитие способностей по управлению временем, денежными средствами и преодолению кризиса.
Юридические услуги в рамках Центра – Стандарт IX 65. Юридические услуги предоставляются в специальном помещении, обеспечивающем комфорт и без- опасность, для облегчения дискуссий между пользователями услуг и персоналом Центра. 66. Юридические услуги предоставляются юристом и включают юридическую помощь в следующих об- ластях: специфическое законодательство в отношении немедленной или долгосрочной защиты в случаях насилия в семье, права жертвы, поддержка в получении постановления о защите, законодательство в от- ношении свидетельств о браке и разводе, родительские права, законодательство в отношении миграции, уголовное законодательство, положения о медицинском и социальном страхованиях, поддержка, если не- обходимо, в поиске адвоката и помощь в составлении юридических актов.
Услуги реинтеграции в семью и/или общество – Стандарт X 67. Центр предоставляет услуги по реинтеграции в семью и/или общество жертв насилия в семье. Вся проводимая в Центре деятельность учитывает временный характер размещения и направлена на поиск на- дежного решения по реинтеграции в семью и/или общество. 68. Возможности реинтеграции в семью и/или общество пользователя услуг изучаются и анализируются специалистами Центра с момента его размещения. 69. Пользователь услуг рассматривается как активный партнер, вовлеченный в процесс реинтеграции в семью и/или общество. 70. Координатор случая организует посещения и встречи с биологической и/или расширенной семьей, с потенциальными работодателями или другими лицами для оценки возможностей интеграции в семью и общество (в соответствии с документом “Менеджмент конкретного случая – руководство социального работника”, утвержденным Приказом министра труда, социальной защиты и семьи № 71 от 3 октября 2008 года, приложение № 3). 71. Услуги реинтеграции в семью и/или общество включают аспекты, связанные с принятием необходи- мых мер для налаживания отношений с: a) биологической или расширенной семьей; b) работодателями – устройство на работу, курсы профессиональной подготовки (переподготовки); c) учебными заведениями – для продолжения обучения пользователя услуг и, при необходимости, его детей; d) органами местного публичного управления – в целях нахождения постоянного места жительства по- сле выхода из Центра; e) другими учреждениями, предоставляющими услуги, необходимые для разрешения случая. 72. Центр обладает информацией относительно предложения на рынке труда на основании данных, предоставленных территориальными агентствами занятости населения, а также на основании договорен- ностей о сотрудничестве с заинтересованными учреждениями. 73. Координатор случая оказывает помощь пользователю услуг при выходе из Центра.
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Прекращение размещения в Центре. Услуги по мониторингу – Стандарт XI 74. Реинтеграция пользователя услуг в семью и/или общество является конечной целью деятельности, предусмотренной индивидуализированным планом помощи. 75. Пользователь услуг подготавливается к выходу из Центра специалистами Центра. 76. В период подготовки реинтеграции пользователя услуг в семью и/или сообщество координатор случая: a) проводит заключительную оценку потребностей пользователя услуг; b) посещает сообщество/семью, в которую будет реинтегрирован пользователь услуг; c) обеспечивает участие органов местного публичного управления, в особенности служб социальной помощи сообщества в процессе реинтеграции пользователя услуг; d) обеспечивает направление пользователя услуг в социальные службы, действующие в сообществе, в которое он будет реинтегрирован; e) выполняет административные и юридические формальности для выхода пользователя услуг из Центра. 77. Координатор случая не менее, чем за две недели до выхода пользователя услуг из Центра связывается со службой социальной помощи сообщества и информирует ее о положении пользователя услуг и передаче мониторинга данного случая. 78. После выхода из Центра пользователь услуг может обратиться за услугами, предоставляемыми после выхода из Центра, по сопровождению и консультированию в течение не менее 3 месяцев. 79. Результаты мониторинга заносятся в карту наблюдения после реинтеграции, которая прилагается к делу (согласно приложению № 4 к настоящим Стандартам). Карта заполняется социальным работником- координатором случая совместно с представителями органа местного публичного управления. Собранные персональные данные, относящиеся к специальным категориям, используются с учетом положений Закона о защите персональных данных № 17-XVI от 15 февраля 2007 года. 80. Внезапное прекращение пребывания в Центре пользователя услуг в результате расторжения дого- вора о размещении может осуществляться в случае неоднократного нарушения пользователем услуг По- ложения о внутреннем распорядке Центра или причинения вреда другим пользователям услуг, персоналу или имуществу Центра.
Раздел 4 Менеджмент Центра – Стандарт XII 81. Менеджер Центра несет ответственность за качество услуг, предоставляемых пользователям услуг. 82. Менеджер применяет четкие процедуры по: a) оценке и мониторингу осуществляемой деятельности; b) отбору, оценке, подготовке, аттестации и поддержке персонала; c) ведению бухгалтерского учета и финансовой отчетности; d) передаче сведений внутри и за пределами учреждения. Полученная информация считается конфи- денциальной и может передаваться за пределами учреждения только с четкого согласия пользователя услуг. Исключение составляют случаи угрозы для жизни или здоровья пользователей услуг или случаи, когда не- раскрытие данной информации может иметь неблагоприятные последствия для них. 83. Специалисты Центра должны иметь соответствующую профессиональную подготовку и компетен- цию для работы с жертвами насилия в семье, их семьями, сообществом, органами местного публичного управления, другими поставщиками услуг и т.д. 84. Для специалистов Центра составляются и утверждаются должностные инструкции, которые включают: a) обязанности; b) ответственность; c) права; d) образование/квалификацию, необходимую для занятия соответствующей должности; e) опыт и стаж работы; f) отношения подчиненности и порядок сотрудничества по вертикали и горизонтали; g) конкретные обязанности по отношению к пользователям услуг и к остальным работникам Центра. 85. Центр располагает четкими процедурами в случае ситуаций, когда требуется срочная замена опреде- ленного специалиста.
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86. Центр располагает специально оборудованными помещениями (защищенными и закрытыми) для хранения дел пользователей услуг. 87. Ответственность за составление личных дел пользователей услуг, а также их передачу в архив воз- лагается на координатора случая. 88. Сведения, содержащиеся в деле, являются конфиденциальными. 89. Информация о пользователе услуг выдается только с его письменного согласия. Письменное согласие прилагается к делу пользователя услуг. 90. Дела пользователей услуг хранятся в архиве в течение неограниченного срока.
Менеджмент кадровых ресурсов – Стандарт XIII 91. Центр располагает штатным расписанием, размер и структура которого соответствуют размеру учреждения и потребностям пользователей услуг. 92. Персонал Центра принимается на работу по конкурсу в соответствии с законодательством, при этом не допускается прием на работу лиц, не имеющих соответствующей подготовки и квалификации. 93. Персонал Центра включает: административный персонал, персонал по социальной, психологиче- ской, юридической, педагогической, медицинской помощи и вспомогательный персонал. 94. Руководство Центра осуществляется менеджером, имеющим высшее образование в данной области и стаж работы не менее 5 лет, а также заместителем менеджера. Менеджер может работать по совмести- тельству и в другой текущей должности (в области педагогики, психологии, права, социальной помощи, медицины, психопедагогики и др.). 95. Норма приема (количество должностей в соотношении с количеством пользователей услуг) рассчи- тывается с учетом особенностей и потребностей пользователей услуг Центра, а также общей вместимости учреждения. 96. Обеспечение безопасности является основной обязанностью менеджера Центра. Пользователи услуг нуждаются в безопасном месте, где они могут быть защищены от насильственного поведения агрессора. Вместе с тем безопасность должна обеспечиваться и персоналу Центра, который также может подвергаться повышенному риску со стороны агрессоров. В целях обеспечения физической защиты пользователей услуг и безопасности учреждения менеджер заключает соглашения о сотрудничестве с территориальными орга- нами полиции.
Подготовка персонала – Стандарт XIV 97. Персонал Центра проходит начальную профессиональную подготовку. 98. На этапе трудоустройства персонал проходит программы подготовки, специфичной для деятель- ности Центра (реабилитация жертв насилия в семье, психология злоупотребления, способы преодоления кризисных ситуаций и т.д.). 99. Работникам Центра предоставляется возможность занятия по программам непрерывного обучения общей продолжительностью не менее 40 часов в год. 100. Персонал участвует в семинарах, национальных и международных конференциях, научных обсуж- дениях сообщества и т.д. 101. Добровольцы могут работать в Центре после прохождения программы подготовки в течение не менее 12 часов относительно специфики работы в таком учреждении. 102. На основании выявленных потребностей в профессиональном обучении разрабатывается план не- прерывной подготовки персонала Центра. 103. Менеджер Центра несет ответственность за разработку и реализацию плана непрерывной подго- товки. 104. Персонал, работающий в Центре, проходит медицинское обследование каждые 6 месяцев и обуче- ние в области гигиены.
Наблюдение и оценка персонала Центра – Стандарт XV 105. Центр располагает эффективной системой оценки и наблюдения, при этом специалисты подлежат обязательной оценке в момент приема на работу и ежегодной оценке. 106. Центр разрабатывает собственную оценочную сетку персонала на основании четких критериев. 107. Процесс оценки основывается на:
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a) достигнутых результатах; b) отношении к деятельности в рамках Центра; c) участии в программах профессиональной подготовки. 108. Сессии по оценке и наблюдению проводятся ежемесячно, ежегодно, а также по необходимости. 109. Сессии по наблюдению проводятся индивидуально и в группах и предусматривают: a) аспекты, связанные с конкретным случаем; b) применяемые методы; c) задачи специалиста; d) эмоциональное состояние специалиста; e) способы обмена опытом, обсуждение более сложных случаев; f) выявление решений по укреплению командного духа. 110. Сессии проводятся планово и организованно, ограничены во времени и основаны на конкретных задачах по оценке/наблюдению. 111. Сессии протоколируются с указанием решений, ответственных лиц и сроков выполнения решений. 112. Менеджер Центра несет ответственность за разработку плана сессий по оценке, наблюдению и за организацию сессий в срочном порядке. 113. Функцию наблюдателя может выполнять менеджер Центра или лицо с соответствующим опытом, не работающее в Центре.
Защита от злоупотреблений персонала – Стандарт XVI 114. В период нахождения в Центре пользователи услуг поощряются за информирование о любых фор- мах злоупотребления со стороны персонала, других лиц в рамках Центра и за его пределами. 115. Менеджер Центра принимает срочные меры по оказанию защиты и помощи, необходимых поль- зователю услуг. Менеджер Центра налагает санкции на персонал, использующий насильственные методы к пользователям услуг. Случаи злоупотреблений протоколируются.
Внутренние правила размещения – Стандарт XVII 116. В момент размещения пользователя услуг в Центре необходимо, чтобы он ознакомился с Внутрен- ними правилами размещения в Центре (в дальнейшем – Правила). 117. Правила составляются в письменной форме и являются доступными для широкой общественности как на государственном, так и на русском языке. 118. Правила должны содержать информацию, касающуюся: a) структуры и принципов Центра; b) услуг, предоставляемых пользователям; c) персонала Центра; d) безопасности в Центре; e) правил приема посетителей; f) ответственности перед детьми; g) прав пользователей услуг; h) участия в деятельности, связанной с хозяйством, приготовлением пищи, стиркой и т.д.; i) обязанностей и ответственности; j) контактного лица (лиц) в случае возникновения конфликта или жалоб; k) участия пользователя услуг в процессе принятия решений по организации и управлению Центром; l) правил выхода из Центра. 119. Правила должны быть четкими и понятными пользователям услуг. Они являются обязательными и в то же время должны предполагать определенную степень гибкости для их возможного изменения с учетом потребностей пользователей услуг. Правила, которые относятся к уставу учреждения, не могут изменяться. 120. Правила должны содержать специальные положения, предусматривающие право пользователя услуг на самоопределение в организации своей жизни после выхода из Центра.
333 Торговля людьми и равенство полов в Молдове
Приложение № 1 к Минимальным стандартам качества социальных услуг, предоставляемых жертвам насилия в семье
ОБРАЗЕЦ ДОГОВОРА О РАЗМЕЩЕНИИ
Название и адрес Центра ___________________________________________________________________________________________ ___________________________________________________________________________________________ 1. Число, месяц, год _____________________ заключения договора между поставщиком услуг, именуемым в дальнейшем Центр, и пользователем услуг _____________________________________________________ ___________________________________________________________________________________________ (фамилия, имя представителя Центра) ___________________________________________________________________________________________ (должность) и __________________________________________________________________________________________ (фамилия пользователя услуг) Возраст ____________________________________________________________________________________ Прописка ___________________________________________________________________________________ Место проживания __________________________________________________________________________ Местность ________________________ ул. _______________________ № ____________________________
2. Цель договора: Выполнение задач, предусмотренных в Индивидуализированном плане помощи (в дальнейшем – План) Предметом договора является предоставление следующих социальных услуг a)__________________________________________________________________________________________ b)_________________________________________________________________________________________ с) _________________________________________________________________________________________
3. Срок действия договора _________________________________ (число, месяц, год, с ___/по ___) Настоящий договор вступает в силу со дня его подписания и заключается на период не более 3 месяцев.
4. Права и обязанности сторон: 4.1. Центр имеет право: a) проверять достоверность информации, полученной от пользователя услуг; b) прекратить оказание социальных услуг пользователю в случае, если обнаруживается, что последний не выполняет обязанности, предусмотренные настоящим договором. 4.2. Центр реабилитации обязан: a) предоставлять услуги, предусмотренные Планом; b) учитывать усилия пользователя услуг для выполнения договорных обязательств; c) обеспечивать безопасность и содержание пользователя услуг; d) периодически повторно оценивать положение пользователя услуг в сотрудничестве с семьей, территориаль- ным органом социальной защиты и, исходя из случая, пересматривать План в интересах пользователя услуг; e) осуществлять посещения на дому в соответствии с Планом или по необходимости; f) предоставлять психологическую поддержку и помощь; g) сохранять конфиденциальность информации о пользователе услуг в соответствии с законодательством; h) учитывать пожелания и рекомендации пользователя услуг относительно Плана; i) информировать пользователя услуг о: содержании социальных услуг и об условиях их предоставления; своевременности предоставления других социальных услуг;
334 дополнительные нормативные акты
положении о внутреннем распорядке. 4.3. Пользователь услуг имеет право: a) на получение социальных услуг, предусмотренных Планом; b) на отказ, по объективным причинам (религиозным, культурным и т.д.), от предоставления определенных социальных услуг; c) на участие в оценке предоставленных социальных услуг и в принятии решений, касающихся осущест- вленного в отношении него социального вмешательства; d) на консультацию с социальным ассистентом в связи с любой ситуацией, возникшей у него, у его ребенка или семьи; e) на выбор вариантов мер вмешательства; f) быть информированным о: правах, законных мерах защиты и ситуациях риска; изменениях в оказании социальных услуг; своевременности оказания других социальных услуг; положении о внутреннем распорядке. 4.4. Пользователь услуг обязан: a) активно участвовать в процессе реализации Плана; b) предоставлять достоверную информацию в отношении личности и семейного, медицинского, экономи- ческого и социального положения; c) позволять представителю Центра проверять достоверность предоставленной информации; d) соблюдать сроки и условия, установленные Планом; e) сохранять конфиденциальность информации в отношении полученной помощи; f) сообщать о любом изменении, произошедшем в личном положении в период пребывания в Центре; g) соблюдать Положение о внутреннем распорядке Центра.
5. Рассмотрение жалоб: 5.1. Пользователь услуг имеет право устно и/или письменно предъявлять жалобы в отношении услуг, предо- ставленных Центром. 5.2. Жалобы могут быть адресованы непосредственно администрации Центра реабилитации или через по- средство любого лица команды по внедрению Плана. 5.3. Центр обязан рассматривать жалобы, консультируясь как с пользователем услуг, так и со специалиста- ми, участвующими в реализации Плана, а также представить ответ в течение не более 10 дней с момента получения жалобы.
6. Расторжение договора: Настоящий договор может быть расторгнут в случаях: а) необоснованного нарушения пользователем услуг условий настоящего договора; b) аннулирования разрешения на функционирование Центра; c) изменения вида деятельности Центра.
7. Прекращение договора: 7.1. Мотивом прекращения настоящего договора является: a) истечение срока, на который был заключен договор; b) согласие сторон о прекращении договора; c) достижение цели договора; d) расторжение договора. 7.2. Настоящий договор заключен в двух экземплярах, по одному для каждой из сторон.
Директор учреждения Подпись
Пользователь услуг Подпись
335 Торговля людьми и равенство полов в Молдове
Приложение № 2 к Минимальным стандартам качества социальных услуг, предоставляемых жертвам насилия в семье
КАРТА ПЕРВИЧНОЙ РЕГИСТРАЦИИ СЛУЧАЯ
Карта первичной регистрации случая заполняется при допуске пользователя услуг в Центр и содержит первичный данные о случае.
Фамилия и имя пользователя услуг _____________________________________________________________ Дата рождения ________________________ место рождения _______________________________________ Фамилия и имя ребенка ______________________________________________________________________ Дата рождения ______________________ место рождения _________________________________________ Прописка __________________________________________________________________________________ Место проживания __________________________________________________________________________ Удостоверение личности _____________________________________________________________________ Образование пользователя услуг _______________________________________________________________ Занятие ____________________________________________________________________________________ Данные о случае совершения насилия в семье ____________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Перенаправление случая _____________________________________________________________________ Мотив перенаправления ______________________________________________________________________ Документы, представленные пользователем услуг при допуске ______________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Данные о процедуре получения постановления о защите ___________________________________________ ___________________________________________________________________________________________ Данные о биологической семье ________________________________________________________________ ___________________________________________________________________________________________ Данные о расширенной семье __________________________________________________________________ ___________________________________________________________________________________________ Намерения пользователя услуг на будущее ______________________________________________________ ___________________________________________________________________________________________ Наблюдения ________________________________________________________________________________ ___________________________________________________________________________________________ Рекомендации ______________________________________________________________________________ ___________________________________________________________________________________________
Заполнена Подпись Дата
Директор Центра реабилитации Подпись Дата
336 дополнительные нормативные акты
Приложение № 3 к Минимальным стандартам качества социальных услуг, предоставляемых жертвам насилия в семье
КАРТА НАБЛЮДЕНИЯ пользователя услуг
Фамилия пользователя услуг __________________________________________________________________ Фамилия ребенка/детей _______________________________________________________________________ Дата допуска в Центр ________________________________________________________________________ Период пребывания __________________________________________________________________________
1. Внешний вид пользователя услуг Внешний вид пользователя услуг Да Нет Одежда Хорошо подобранная Ухоженная Адекватная Чистая Гигиена Постриженные ногти Вымытые, ухоженные волосы Приятный запах Манера поведения Покорная Безразличная Высокомерная
2. Вид спальни
Вид спальни Да Нет Чистая Ухоженная Проветренная Эстетично обустроенная
3. Социальные отношения (общение, сотрудничество, подчинение) Отношение с персоналом Центра Всегда Часто Редко Никогда Соблюдает регламент Вежливый Общительный Инициативный Готов к сотрудничеству Изолированный Агрессивный Дерзкий Упрямый Участвует в повседневных мероприятиях Настойчивый
Отношения “родитель – ребенок” Привязан к ребенку Привязан к родителю
337 Торговля людьми и равенство полов в Молдове
Ухаживает за ребенком Кормит ребенка Чувствительный и отзывчивый к нуждам ребенка Общается с ребенком Играет с ребенком Держит ребенка на руках Ласкает ребенка
Отношения с агрессором Поддерживает конструктивное общение с агрессором Терапия по восстановлению семьи помогла Стороны помирились Агрессия, угрозы продолжаются Было прекращено всякое общение Отношения не могут быть восстановлены Было выдано постановление о защите Срок действия постановления о защите истек Процесс развода/расставания
Отношения с другими получателями услуг Способности лидера (координирует деятельность, дисциплинирует других получателей услуг) Поддерживает отношения Общается Участвует в групповых мероприятиях Смотрит за детьми других получателей услуг при необходимости Изолированный Безразличный Суровый Готов к сотрудничеству
Отношения “пользователь услуг – родственники” С нетерпением ожидает посещений Инициирует контакты Общается письменно / по телефону с родственниками Во время визитов (регистрируется Общается открыто поведение по отношению Доброжелателен к каждому посетителю) Не общается Агрессивен Дополнительные замечания ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________
Заключения ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Примечание: Карта наблюдения составляется социальным ассистентом в течение 30 дней с даты размещения, а в дальнейшем – ежемесячно. Данные Карты наблюдения используются при разработке и пересмотре Программы.
338 дополнительные нормативные акты
Приложение № 4 к Минимальным стандартам качества социальных услуг, предоставляемых жертвам насилия в семье
КАРТА МОНИТОРИНГА (РЕ)ИНТЕГРАЦИИ ПОСЛЕ ВЫХОДА ИЗ ЦЕНТРА
Оценка условий проживания и социальных условий (после интеграции) в отношении случая пользователя услуг _______________________________________________________________________________________
Дата “____”________________ Цель исследования ___________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________
Мы, нижеподписавшиеся _____________________________________________________________________ ___________________________________________________________________________________________, Изучили условия проживания и социальные условия семьи ______________, проживающей по адресу ___________________________________________________________________________________________
Общие данные о членах семьи и других лицах, проживающих по соответствующему адресу:
Дата рож- Соответст- Образование, дения вующее лицо Данные место работы, Отношение (при необ- по отноше- удостовере- должность лица к Фамилия, имя ходи- нию ния (для детей – об- пользова- мости, к пользовате- личности разовательное телю услуг указать лю услуг учреждение) возраст)
Лица, присутствующие в момент визита _________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________
Условия проживания Тип жилья (квартира в высотном доме, дом на земле, общежитие и т.д.) Право собственности на жилье ________________________________________________________________ Количество комнат __________________________________________________________________________ Жилая площадь _____________________________________________________________________________ Общая площадь _____________________________________________________________________________ Тип отопления ______________________________________________________________________________ Водоснабжение _____________________________________________________________________________ Канализация _______________________________________________________________________________ Санитарно-гигиенические условия _____________________________________________________________ ___________________________________________________________________________________________
Данные о пользователе услуг Средства существования и их размер в леях _____________________________________________________ ___________________________________________________________________________________________
339 Торговля людьми и равенство полов в Молдове
___________________________________________________________________________________________ (зарплата, социальные платежи, проекты, помощь со стороны семьи, другие) Место работы _______________________________________________________________________________ ___________________________________________________________________________________________ Должность _________________________________________________________________________________ ___________________________________________________________________________________________ Условия проживания ________________________________________________________________________ ___________________________________________________________________________________________ Санитарно-гигиенические условия _____________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Состояние здоровья _________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Отношения с агрессором _____________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Отношения с детьми и другими членами семьи _________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Отношения с сообществом ___________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________
Социальные услуги, предоставляемые пользователю _____________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________
Данные об агрессоре (в случае их совместного проживания) Средства существования и их размер в леях _____________________________________________________ ___________________________________________________________________________________________ _______________________________________________________________________________________ (зарплата, социальные выплаты, проекты, помощь со стороны семьи, другие) Место работы _______________________________________________________________________________ ___________________________________________________________________________________________ Должность _________________________________________________________________________________ Условия проживания ________________________________________________________________________ ___________________________________________________________________________________________ Санитарно-гигиенические условия _____________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Состояние здоровья _________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Отношения с пользователем услуг _____________________________________________________________ ___________________________________________________________________________________________ Улучшения в отношениях пары _______________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Было принято постановление о защите и ее статус ________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Социальные услуги, предоставляемые семье (жертва и агрессор) ___________________________________________________________________________________________ ___________________________________________________________________________________________
340 дополнительные нормативные акты
Выявленные потребности _____________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Заключения ________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Рекомендации ______________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________
Социальный ассистент Подпись ______________________
Представитель органа местного публичного управления Подпись ______________________
Представитель семьи Подпись ______________________ __________ Постановления Правительства 1200/23.12.2010 Постановление об утверждении Минимальных стандартов качества социальных услуг, предоставляемых жертвам насилия в семье //Мониторул Офичиал 259-263/1320, 31.12.2010
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