Decisions made by board members are largely neglected by the school
administration;
The process of selecting board members is not in all cases transparent and impartial;
Influencing the opinion of children by the administration of the educational
institution.
The Children's Ombudsman notes that this situation is caused by the fact that the normative
acts in the field, in particular the Instruction of the Ministry of Education, Culture and Research on
the establishment and functioning of the Student Council,177, are not developed from a holistic
perspective, which would correspond to the standards of children's involvement in the decisionmaking process on the issues that concern them. The Ombudsman also notes that the national
authorities did not take into account the standards stipulated by the General Comment of the UN
Committee on the Rights of the Child no. 12 (2009) on the right of the child to be heard. 178. The
formal establishment of children's advisory bodies is a mimicry of the implementation of the
Convention and cannot be described by the People's Advocate for Children's Rights as appropriate.
Children themselves must be able, with the support of adults, to create and manage the work of
bodies that are meant to represent the interests of children.
Thus, the current situation requires a speedy remedy in line with the international standards
in the field. National authorities are to review the national standards for children's participation in
the decision-making process and bring it into line with the pre-established international rules,
according to the scheme below:
177
https://mecc.gov.md/ro/content/cadrul-national-al-calificarilor-2
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=5&DocTypeID=11
178
106
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