COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES CONSIDERS INITIAL REPORT OF THE REPUBLIC OF MOLDOVA

The Committee on the Rights of Persons with Disabilities today concluded its consideration of the initial report of the Republic of Moldova on its implementation of the Convention on the Rights of Persons with Disabilities.

Introducing the report, Anastasia Oceretnii, Deputy Minister of Labour, Social Protection and Family, said that the Republic of Moldova had ratified the United Nations Convention on the Rights of Persons with Disabilities in 2010, showing interest in developing and promoting the policies in the field of social inclusion of persons with disabilities and the adjustment of the national legislation in the field of disability to international legal provisions. The ratification of the Convention had meant a significant change in the field of disability; it had introduced a new concept approach, addressing persons with disabilities not only from the perspective of social protection and health condition, but also from the perspective of human rights and social inclusion. Since 2010, a number of legislative acts and norms had been development and approved, including the Strategy on Social Inclusion of Persons with Disabilities (2010-2013) and the Law on Social Inclusion of Persons with Disabilities; reform of the institution in charge of determining disability and working capacity; the regulation of various social services for persons with disabilities.

In the discussion that followed, Committee Experts asked a series of questions regarding the rights of persons with disabilities, including on their inclusion in the society; accessibility; full and inclusive education; institutionalisation; training of judges and the rights of persons with disabilities in legal proceedings; forced labour; cases of torture, inhuman and degrading treatment; coercive termination of pregnancy; monitoring and implementation of social inclusion; voting rights; the right to work; discrimination; the rights of women and children; and coercive sterilisation and abortion. Experts were concerned about the practice of forced labour in some psychological institutions, where persons with disabilities were forced to work for staff employed in those institutions. They were also highly concerned about the rights of institutionalised women and girls, and, in particular, referred to a woman who reported being raped by an employee and then forced to have an abortion. Experts were extremely concerned about hospitalisation without consent, and inquired about the existence of so-called “psychological internats.”

In her concluding remarks, Ms. Oceretnii assured the Committee that their remarks and recommendations, as well as those of the Special Rapporteur on the Rights of Persons with Disabilities, would be taken into account by the Government of the Republic of Moldova in order to ensure the social inclusion of persons with disabilities.

Damjan Tatić, Committee Vice-Chairperson, in closing remarks, thanked the delegation for their responses, regretting that not all questions had been answered, and informed them of their 48 hour time period to provide answers in a written form.

The delegation of the Republic of Moldova included representatives of the Ministry of Labour, Social Protection and Family; the Ministry of Health; the Ministry of Regional Development and Constructions; the Ministry of Education; the Ministry of Justice; the Ministry of Transport and Road Infrastructure; and the Permanent Mission of the Republic of Moldova to the United Nations Office at Geneva.

The Committee will next meet in public at 3 p.m. today, March 22, to begin its consideration of the initial report of Iran (CRPD/C/IRN/1).

Report

The initial report of Moldova can be read here: (CRPD/C/MDA/1)

Presentation of the Report

ANASTASIA OCERETNII, Deputy Minister of Labour, Social Protection and Family, said that the Republic of Moldova had ratified the United Nations Convention on the Rights of Persons with Disabilities in 2010, showing interest in developing and promoting the policies in the field of social inclusion of persons with disabilities and the adjustment of the national legislation in the field of disability to international legal provisions. The ratification of the Convention had meant a significant change in the field of disability that introduced a new concept approach, addressing persons with disabilities not only from the perspective of social protection and health condition, but also from the perspective of human rights and social inclusion. Since 2010, a number of legislative acts and norms had been developed and approved, including the Strategy on Social Inclusion of Persons with Disabilities (2010-2013) and the Law on Social Inclusion of Persons with Disabilities; reform of the institution in charge of determining disability and working capacity; and the regulation of various social services for persons with disabilities.

The Law on the Social Inclusion of Persons with Disabilities represented a key framework and defined main concepts such as persons with disabilities, disability, social inclusion, universal design, and reasonable accommodation. Additionally, the reform of the institution in charge of determining disabilities had included a shift from the medical model to the medical-social model; the employment of professionals in social domains; the development of a new methodology and new criteria for disability determination; and the development of a set of recommendations in healthcare, social assistance, occupational activity and the educational process. The main objectives for the future were stipulated in the Concept of Reformation of the National System of Disability Determination, which would be approved by the Prime Minister.

Ms. Oceretnii informed that other developments included changes to the national legal framework on employment in order to ensure the rights of persons with disabilities; measures to enforce the rights of persons with disabilities to independent living in the community, in the context of institutionalization; measures providing professional rehabilitation services; deinstitutionalisation; promotion of gender equality; prevention and combatting domestic violence; ensuring accessibility; education measures; reform of the health system; and adjustment of the national legislative framework to ensure alignment with the Convention in terms of guardianship for persons with disabilities. Over 50 legislative acts had been amended to harmonize legislation with the Convention and with the Law on the Social Inclusion of Persons with Disabilities, and a mechanism had been put in place to monitor implementation of the Convention. Ms. Oceretnii assured the Committee that the Government was and would be oriented on the implementation of the Convention.

Questions by Experts

JONAS RUSKUS, Rapporteur for the Republic of Moldova, recognizing a number of developments, such as the Law on Social Inclusion of Persons with Disabilities and the Program for Development of Inclusive Education 2011-2020, asked how the recommendations by the Special Rapporteur on Rights of Persons with Disabilities had been incorporated into national policies and programmes.

Significant challenges remained, including medical and charity approaches, and medical determination of disability, deeply rooted in the consciousness of the general public, but also in the consciousness of public officers, law enforcement persons and mass media. That raised other concerns. Notably, there were more than 3,000 persons deprived of their legal capacity. From 2012 till 2017, after the ratification of the Convention, more than 600 people had been deprived of their legal capacity. There were no alternative support mechanisms for the replacement of the substitute decision-making guardianship system, with supported decision-making, as provided for under General Comment No. 1 on Article 12 of the Convention. Congratulating the Republic of Moldova for the Constitutional Court Decision in November 2016 revoking provisions of the guardianship law that restricted people’s decision-making rights and access to courts, Mr. Ruskus highlighted his concern that the legislative package was still rooted in the idea of substitute decision-making, and that the amendments aimed at replacing the legal capacity deprivation and guardianship with a “regime of protection.” Behind that, one could see once again the medical and charity models and not the rights-based approach to disability.

The Expert lamented that institutionalisation and seclusion of children and adults with disabilities was another difficult issue. Almost 2,500 children and adults with intellectual and psychosocial disabilities in the Republic of Moldova still lived in segregated residential institutions, which were cut off from their community and which were situated at the far margins of the society. Persons with disabilities were not provided with alternatives to institutionalisation, which would enable them to live in the community.

Finally, commending the Republic of Moldova for punishing a psychiatrist from an institution found guilty on several counts of rape against women with disabilities, Mr. Ruskus underlined the discriminatory and abusive nature of living in segregated institutions, and the importance of unreservedly and definitively closing social and mental care institutions decisively, and providing of social assistance and independent living without delay. He asked the delegation to present plans to amend policies to enable persons with disabilities to be supported to make their own decisions.

Another Expert asked the delegation to provide information regarding reasonable accommodation and design.

What was the composition of panels responsible for measuring the capacity of children and persons with disabilities?

With regard to dismantling institutions, in which cases were children separated from their parents? Were there safeguards in order for children not to be separated from their parents?

Another Expert, referring to social inclusion, asked the delegation to state which department coordinated tasks to ensure the inclusion of issues for persons with disabilities in the national development programmes and in the implementation of the Sustainable Development Goals?

How were persons with disabilities empowered economically, intellectually, and politically?

An Expert said that following the discrimination law, all other laws would be amended accordingly. Could the delegation provide information on what had happened thus far?

How far ahead was the State party on the issue of the Strategy for Social Inclusion?

Another Expert, referring to complaints submitted due to disability-based discrimination, asked about the results of those complaints. What were the consequences for those who committed those acts and what reparations did the victims receive?

Were there any SOS telephone hotlines provided for deaf women and girls? Were there safe houses for wheelchair users? What about for wheelchair users with a child?

More information was sought on trainings for persons with disabilities.

What did accessibility mean in practice in the Republic of Moldova? What type of support would the Expert, who was in a wheelchair, receive at the airport, in hotels, in the public transportation system, and the government buildings?

Another Expert found the use of the term “working capacity” problematic. That was not determined by a level or type of impairment. It could be dependent on the intellection of the impairment or social barrier. If the social barrier was removed, the working capacity could drastically increase. Could the delegation tell the Committee if that was the understanding of that term in the Republic of Moldova?

An Expert asked what instruments were used to determine disability and working capacity. He was concerned that the country was relying too much on the medical aspect of the definition. In what way were human rights associations involved in the drafting of the report?

On reasonable accommodation and discrimination, the delegation was asked to state to what extent the law on discrimination had been harmonized with the other legislation. Reasonable accommodation could not be achieved without active participation of persons with disabilities.

Another Expert asked what happened to people who discriminated against persons with disabilities.

The process of drafting of regulative policies and legislation was done in a consultative manner. What concrete measure were undertaken to ensure free and informed participation of persons with disabilities when drafting national legislation? How were women and children with disabilities, as well as persons with disabilities who included ethnic minorities, represented in the consultative processes?

An Expert, referring to the policy concerning women, asked to what extent women and girls with disabilities played an active role in the mainstream movement of disability in the Republic of Moldova. How did they participate and how were they involved in the policy-making in the disability movement?

Internationally recognized accessibility standards, especially in the area of information and communication technology, required compatibility and interoperability among languages of different parts of the world, noted an Expert.

Another Expert said the principle of non-discrimination was not exclusively recognized in the Constitution. What were the plans to move in that direction?

An Expert wished to know what mechanisms were in place to include children with disabilities in decision-making processes on an equal footing as other children. Were there awareness-raising campaigns? To what extent did the mass media play in promoting a better understanding of persons with disabilities in the Republic of Moldova?

Another Expert had read that the Government intended to close institutions for children. The transition should be a gentle one, and children should be consulted in the process.

Question was also asked about the National Programme 2017-2022. To what extent were organisations of persons with disabilities involved in the preparation of this programme?


Replies by the Delegation

The delegation stated that in 2012, a separate chapter, which provided for methodology and determining status for persons with disabilities, had been drafted. The reform started in 2013 was based on a medical-social model for determining disabilities. Groups of experts on determining disability included social workers and teachers, and were involved in the reform. The social assistant was the one who drew up the recommendations concerning integration into society at large. The recommendations covered the job-placement system as well as the placement of children in regular school and medical staff. When conclusions were drawn, each person with disabilities received an individual plan.

Concerning appeals, there was a procedure and a legal suit could be brought, confirmed the delegation.

The Ministry of Labour, Social Protection and Family was discussing a new framework programme for defining persons with disabilities and dealing with persons with disabilities which would be adopted by the Prime Minister.

Article 4 of the Constitution provided for priority of the application of international mechanisms on human rights.

Sanctions were available. Examples of provisions allowing for sanctions included Article 54-1, on the application of the labour law; Article 71-2 on the measures of elimination of discrimination; and Article 71-1, on access to public services.

Regarding legal capacity, the delegation said that the safeguard and guardianship concept was not about a substitution decision, but rather about assisting and encouraging the person with disability to make the decision. The will of the person with disability was taken into account. The Draft Law had not eliminated the guardianship, as that was used in cases when a person could not express his will. Both Law 121 and the draft law on hate crime defined the disability criteria.

Regarding questions related to education, the delegation explained that a number of laws had been drafted for children with special needs, including the Education Code 2015, and the Law on Equality 121, which defined the principle of non-discrimination and which dealt with educational needs of children and teenagers with disabilities. Special needs were provided for by special institutions, including for children with sensory impairments and children with other difficulties. A Framework Plan regulated this area. Home education programmes were provided for those who were not able to go to school.

Progress had been achieved in staff training in higher education establishments.

Regarding social integration, sign language provision and other forms of communication were recognized at the state level. In 2014, a Government decree had provided for sign language interpreters. The Government provided the funding for those services.

Turning to the questions related to the media, it was explained that the public television company was obliged to provide a 20-minute news broadcast daily with sign language. The main news of the day was provided in sign language at peak time.

Regarding accessibility and public transportation, special assistance was offered by the public authorities at the airport, which included assistance in moving to the baggage hall, moving to the transfer hall and ensuring transfer, customs, and seating in the airplane.
Persons with visual impairments were provided with special assistance. There were minimum requirements in place for vehicles, including public transportation vehicles. Those included safety requirements, seating for persons with disabilities in waiting rooms in bus and train terminals and first free seats.

The fines for non-compliance with accessibility standards could go up to 1,000 EUR. A new plan of action aimed at ensuring accessibility standard compliance was also in the pipeline. Regarding complaints mechanisms for discrimination against persons with disabilities, over 400 cases had been brought forward, and penalties had become stiffer. The fines had gone up by 105 percent.

Regarding women and girls with disabilities, the delegation said that a strategy would coordinate gender mainstreaming into all programmes and policy fields.

Hotlines for victims of abuse were offered by non-governmental organisations such as La Strada. One of the main challenges, namely stereotypes, was addressed through organising events.

Concerning social benefits, it was said that persons with disabilities who had worked had the right to a pension. If they could not enjoy those benefits, they were allowed special benefits for persons with disabilities. Those were also available to children. Children had the right to special care and supervision benefits. Mobile teams provided services to children and persons with disabilities.

Questions by Experts

The delegation was asked to provide information about the new pilot project telephone hotline, namely if it was accessible to deaf persons and persons with intellectual disabilities.

Could the delegation inform about personal assistants, types of training and other measures for living in the community?

How many sign language interpreters were available at the moment?

Could information be provided on how the issue of easy-to-read format and text for persons with intellectual disabilities was being approached?

Another Expert said that there were still cases of forced labour, especially in psychosocial institutions. What plans were in place to address that issue?

An Expert asked how many people were under guardianship laws.

What was being done to ensure that people with disabilities knew about supported decision-making? How was the State party education government departments and the justice system about supportive decision making?

How many people had left the institutions, and now lived in a community and received the right support; how many still lived in institutions?

Another Expert asked whether the State party had come up with any national comprehensive plan on disaster-risk reduction, in accordance with the Sendai Framework, involving the accessibility and inclusion of persons with disabilities in such a plan. How was accessible information provided concerning disaster risk to persons with disabilities, particularly those who were deaf, deaf-blind, and with intellectual psychosocial disabilities?

What measures did the Government do to provide support for persons with disabilities to enter the work force?
Were organisations of persons with disabilities consulted, and did they actively participate in the trainings of persons that worked in the justice system? Were alternative communication measures considered during judicial procedures?

Another Expert asked the delegation to clarify as to what kind of legal assistance was given to persons with disabilities whose rights had been violated. Could they represent themselves?

Regarding living in the community, instead of being included in the society, the Expert had understood that persons with disabilities were being moved together in smaller units. Was that correct?

Another Expert wished to know what alternative forms of residential services were there in terms of enabling persons with disabilities to live comfortably.

An Expert asked what guarantees were in place to protect persons deprived of liberty, especially persons with psychosocial disabilities.

Question was asked reasonable accommodation provided for women abused in institutions so that they could access the justice system?

Were there reported cases of persons with disabilities who had been subjected to torture at the time of detention? Were they entitled to benefit from legal aid?

The delegation was asked to explain whether Article 24 of the civil code on the deprivation of liberty would be amended.

Were there plans to amend the law with provisions that regulated hospitalisation without free consent of persons with disabilities?

There was high concern regarding provisions on the non-consensual termination of pregnancy on the grounds of disability. There was also concern about forced abortion and enforced sterilisation of women in psychosocial institutions. Were there measures to protect the integrity of women and girls with disabilities?

Could the delegation give more information on its effectiveness of the executive moratorium?

Were there plans to launch measures of independent living in the community, including involvement in the society?

An Expert was highly concerned about women with disabilities from the Republic of Moldova who had addressed the Committee, who had been living in institutions, who had been sexually abused, and had been forced to undergo abortion. What measures were in place to face gender-based violence in institutions, and pursue investigation, punishment and redress? Was there any data on how many women had been empowered to exercise their right to sexual self-determination? How many heads of institutions had been charged criminally for undertaking forced sterilisation or abortion, asked the Expert.

Replies by the Delegation

ANASTASIA OCERETNII, Deputy Minister of Labour, Social Protection and Family, said that numerous activities the Experts asked about were in place, including awareness-raising activities and seminars, all in an effort to promote general sensibilisation about persons with disabilities. One such event was planned in March. Another way to raise awareness was a film festival aimed at putting spotlight on persons with disabilities and fostering their positive role in the society. It would include an exhibition of photos and art, as well as items made by persons with disabilities, related to subjects of rights of persons with disabilities and their social inclusion. All those activities were reflected in the mass media. The Government would soon approve the 2017-2021 Programme for Social Inclusiveness, which would include activities for raising awareness.

A 122 hotline for persons with disabilities was open, and persons with hearing impairment would soon be able to reach it through their mobile phones via SMS, informed the delegation.

A delegate explained how Moldova was ensuring full and inclusive education for persons with disabilities; the Programme for Inclusive Education was being implemented. Monitoring of children with disabilities was underway, in an effort to prepare a guideline for children, and it would have an intersectional approach, targeting access, educational materials and needs. The Government was working to ensure measures for inclusive education. Currently over 200 persons with disabilities were in the regular education system. Professional technical education institutions currently provided education to persons with disabilities, including those with severe disabilities. In 2015, education had been provided to 393 persons, including 89 with very serious disabilities, and 210 with significant disabilities, on topics such as health, business, and protection of the environment, communication technology and others. In the years 2015 and 2016, 14 universities and one specialized education facility had carried out different forms of training related to inclusive education; 13 universities provided programmes for inclusive education during their first cycle. Inclusive education covered over 11,000 students in universities, of whom 800 had gone through a mandatory course recommended by the Ministry. The most popular profession was medicine, followed by law, and information and communication technologies. In order to provide a quality lifestyle a number of measures had been undertaken for those who could not move from their homes. That included provision of special social stipends and material.

A working group responsible for monitoring construction and ensuring accessibility had been established in 2016. It targeted all stages of construction, including the initial stage of issuing permits for construction, as well as at the phase of construction by examination of on site, and the final phases. Almost 100 such sites had been investigated to date, and around 38 percent did not comply with disability standards. In 2016, the Government had been involved in seven thematic seminars with non-governmental organisations, local authorities, designers and architects and persons with disabilities. In addition, two TV shows had been launched with persons with disabilities, in cooperation with Romania. A plan had been completed for a curriculum in the architecture institutions of higher education, with a major on reasonable accommodation for persons with disabilities. In addition, curricula for education were included to ensure accessibility of persons with disabilities. A series of rules of design for all types of facilities had been issued, with standards for building and construction.

The Draft Law on Electronic Communications took into account accessibility standards and was currently under examination in Parliament, said the delegation.

Regarding the number of judges trained by the National Justice Institute, the delegation informed that in the first half of 2016, 327 judges and 19 assistants had been trained. Over 100 representatives of mental health institutions and police officers, as well as other institutions, had also attended the course. Persons with disabilities had participated in the trainings for judges. The Government had not yet been able to analyse the content of the courses.

Regarding the rights of persons with disabilities in legal proceedings, it was explained that the Criminal Procedures Code contained provisions for persons with hearing and verbal disabilities using sign language. In 2014, a legal order had been adopted which provided for sign interpretation services in all legal instances. Persons with disabilities received legal assistance regardless of their income. Regarding legal proceedings related to persons deprived of legal capacity in psychiatric institutions, if the person did not have a lawyer, they were entitled to assistance. Partial free legal assistance was also provided by the law in complex cases. Primary legal assistance was provided in all cases. In criminal procedures, a witness with a disability could testify with a representative, and/or with a doctor. The Criminal Code contained legislation against discrimination against persons with disabilities, which also pertained to the conduct of legal proceedings.

Forced labour was prohibited in all cases, said the delegation.

A national programme was in place for patients with hearing disabilities, and the State annually handed out hearing aids to persons who needed them. There was no waiting list for children to receive these hearing aids.

The legal provision impeding persons with disabilities receiving a driving licence had been removed.

In recent years not a single case of torture, inhuman and degrading treatment had been recorded by medical personnel. Coercive termination of pregnancy was not allowed. Every adult had the right to choose the number of children they wanted. Youth Health Centre provided young people with information related to reproductive rights, safe abortions, and contraception. The National Strategy for Reproductive Health was in place, and, for the first time this year, contraceptives would be guaranteed to any woman who requested them.

A special plan approved by the Parliament foresaw the construction and adaptation of judiciary institutions with the aim of ensuring accessibility. Works would be finished by 2027.

Regarding sign language, the delegation said that there were currently eight sign language interpreters, who had worked over 4,600 hours in 2016. The number of hours they worked was increasing. There were other self-trained informal interpreters who were usually family members of persons with disabilities. The Government would continue to work towards creating trainings for that category of informal interpreters.

The delegation stated that there were currently four residential institutions, two psychiatric institutions and two institutions for children with psychological problems. There was a moratorium in that regard, but it did not cover all cases, such as cases in which the life of the beneficiary was under threat. In 2015, there had been 14 cases of de-institutionalisation for adults and 12 cases involving children. In 2016, the overall figure for de-institutionalisation had been 35. The Government was committed to continuing the process of institutionalisation, and had launched a Plan of Action to that effect, which covered the transformation of residential institutions. Fourteen different localities were being refurbished, where beneficiaries would reside and enjoy social services, work, go to school, and be involved in community services at the local level.

In order to be accredited, healthcare facilities had to meet accessibility criteria. While there had been 2,800 beds in psychiatric institutions in 2010, there were currently 4,400 beds. Pilot centres had been set up in four regions to train 750 family doctors and 1,500 nurses on the issue of disability.

Questions by Experts

An Expert asked the delegation to provide information on how the National Council for Coordinating Sustainable Development ensured the implementation of the issue of disabilities.
Allegedly, the monitoring of implementation and promotion of the national policy on social inclusion of persons with disabilities was performed by the National Council for the Rights of Persons with Disabilities. How many members of the Council were persons with disabilities? Were persons with psychosocial disabilities and persons with intellectual disabilities among the members of the Council?

Were persons with disabilities engaged as trainers in the area of education on the subject of disability?

With regard to persons with severe locomotive disability and being able to import vehicles free of import taxes, how was “severe” defined by the Government? According to Article 21, accessibility was mandatory, including for persons with visual impairments.

Under Article 24, an Expert said that special schools were dismantled and children were taking separate classes in the main schools. If the students with disabilities were not taking class with other students, that was still segregation. The delegation was asked to provide more information in that regard.

How was the five percent quota of positive discrimination for persons with disabilities in the work place employed in practice? There was serious unemployment of persons with disabilities. Moreover, persons with disabilities were forced to work for their staff in institutions. Was the Government aware of that problem?

Regarding the adequate standard of living, it was unclear who received the disability pension. Was that a universal pension for all persons with disabilities, or only for those who had previously worked?

An Expert asked a series of questions regarding accessibility, training and mobility for persons with visual impairment. What efforts had been made to guarantee persons with disabilities, in particular deaf persons, received information through media?

An update was sought on measures undertaken to make health institutions accessible. Was sign language for deaf persons available at all health facilities? What measures were in place including training of medical personnel to understand that ill-treatment for women and children with disabilities would be harshly punished? The Committee had heard from a woman who had been raped by a medical employee and had been forced to undergo an abortion. She had still not been compensated. What mechanism was in place for monitoring and implementation of the Convention?

Another Expert asked what was done to ensure that persons with disabilities could exercise their right to vote, as well as present themselves for elections. Were voting booths accessible, and were subtitles and sign language, as well as large faces, provided on the voting ballots? Were persons with disabilities represented in the Parliament and in the political parties?

The delegation was asked to explain in what specific ways persons with disabilities had been involved in joining international development projects, cooperation projects, and monitoring them. In what specific ways did the Republic of Moldova aim to implement disabilities specific cause by involving participation of persons with disabilities?

Another Expert inquired whether accessible services were provided to prepare children to join in inclusive education settings. Under what conditions could the children with disabilities access those services, including pre-school education?

Could the delegation inform about the established regulated procedures on information and communication technologies and how the Government ensured the highest quality of those services? What was the number and ratio of deaf-sign language clients who were covered by those services? Regarding mobile phones, was there any available service for captioning distant sign language?
Another Expert asked whether special education schools still existed and what was their percentage as compared to inclusive schools?

Regarding inclusion in the labour market, what was the percentage of regular jobs filled by persons with disabilities, and did their wages differ?

Another Expert asked for information on budget allocation for the different types of education.

Experts were concerned that the human rights monitoring mechanism lacked independence, given that it was tied to the Ministry. Could the delegation provide information on how the Government planned to make it in line with the Paris Principles?

How did the State party provide rehabilitation for children until the age of six? Were there public sports facilities accessible for persons with disabilities?

An Expert suggested that in the future, persons with disabilities be represented in the delegation, and that the State party make more dramatic measures in promoting and protecting the rights of persons with disabilities.

Another Expert asked to what extend the State party was making an effort to reform the existing special education schools so that they become supportive of the inclusive education system.

Did the State party have a definite plan to ratify and implement the Marrakesh Treaty to facilitate access to public work by persons who were blind, visually impaired or otherwise print disabled?

Regarding the National Council for Coordinating Sustainable Development, question was asked on the linkage between the implementation of the Convention and the implementation of the 2030 Sustainable Development Goals, especially in reference to persons with disabilities.

Regarding work and employment of persons with disabilities, an Expert asked about the legal age to work. Were there enough funds available for work-place adaptation for employment?

Another Expert reiterated his question hospitalisation without free consent of persons with disabilities and their placement in so-called “psychological internats” or boarding institutions. Were there plans to repeal such discriminatory regulation? What was the purpose of the two “psychological internats” for boys and for girls?

An Expert asked if there existed inclusion and exclusion rates, which stated what percentage of the total number of children with disabilities were in inclusive classrooms and what percentage were excluded, and attended special education institutions or stayed at home.

Question was also asked about tourism places accessible for persons with disabilities.

Replies by the Delegation

Previously, there had been 68 specialized institutions; 36 percent of children were housed in those institutions. Today, there were eight “psychological internats” and 15 specialised schools, while nine residential institutions had been closed in the previous year.

Preschool education covered more than 160,000 children, including children with disabilities. There were 720 children with disabilities in inclusive education, while 993 in specialised pre-schools. The Government viewed inclusive education as a priority.

Regarding questions on reproductive health and quality health services, the delegation stated that improving accessibility to good quality reproductive health services was under way. Access to psychologists and gynaecologists was available through family doctors. A law on in-vitro fertilization had been adopted, while doctors and midwifes were trained to work in reproductive services offices.

A decree on early child involvement had been adopted, thanks to which every child was seen by a paediatrician, neuropathologist and other doctors. If a diagnosis of a problem was established, those children could go to a rehabilitation centre. Several rehabilitation centres existed, which monitored and trained experts involved in the rehabilitation of children. Those were directed through the family doctor.

A discussion in the Parliament was under way to repeal the hospitalisation without consent provision.

Regarding the monitoring body, the Council was represented by State bodies, local authorities and non-governmental organisations, including the Alliance of Persons with Disabilities, which had 23 other organisations under its umbrella. There was no official registered organisation representing interests of persons with psychosocial disabilities.

The legal employment age in Moldova was 18. Persons could work with their parents’ consent as of the age of 16.

An employer with 20 or more employees was required to set aside five percent of the total number of work places for persons with disabilities. A new strategy and draft law on employment had been adopted, proposing subsidies for employers who adapted their work place for persons with disabilities. There was no discrimination in terms of wages for persons with disabilities. Persons with disabilities were allowed to work for six hours per day, but were paid for eight hours per day.

There were three levels of disabilities: low, medium and severe. Those with severe disabilities had the right to import a vehicle from abroad tax-free.

The pension reform was under way based on international experiences. Persons with disabilities who had not worked were not entitled to a pension, but rather other social allowances, such as care, mobility, social and seasonal allowance.

Regarding the transformation of “internats” or boarding institutions, the delegation said that the Government was trying to enable them to provide community services.

Concluding Remarks

ANASTASIA OCERETNII, Deputy Minister of Labour, Social Protection and Family, said that the Government actively worked on the implementation and the improvement of the legal and policy framework for persons with disabilities. The National Programme of Social Inclusion for Persons with Disabilities would include all activities in that regard, including labour, health, transportation, information technology, education, and other issues. She assured the Committee that the Experts’ remarks and recommendations, as well as those of the Special Rapporteur on the Rights of Persons with Disabilities, would be taken into account by the Government of the Republic of Moldova in order to ensure social inclusion of persons with disabilities. The opinion of persons with disabilities was important, which was why their needs and rights would be reflected in all documents and laws.

DAMJAN TATIĆ, Committee Vice-Chairperson, thanked the delegation for their responses, regretting that not all questions had been answered, and informed them of the 48-hour period to provide answers in a written form.




For use of the information media; not an official record

CRPD17/003E