Thus, the People's Advocate paid a visit to the mentioned institution, to evaluate the situation.
The psycho-neurological boarding school in Branzeni, Edinet, renamed the Temporary
Placement Center for People with Disabilities in Branzeni, is managed by the National Social
Assistance Agency, an administrative authority subordinated to the Ministry of Health, Labour and
Social Protection.
At the time of the visit, about 230 people were hospitalized in the institution, of which 14
beneficiaries did not have identity documents. (they do not have a birth certificate, identity card,
insurance policy), although they were placed in this institution for a long time. The administration
explained that there are problems in obtaining identity documents, because the persons do not have
the necessary civil status certificates, and in the case of some beneficiaries neither the date nor the
place of birth is known.
Unfortunately, the Ombudsman's recommendations to the Ministry of Health, Labour and
Social Protection to take the necessary measures to document the 14 beneficiaries were not
implemented.
The People's Advocate reiterates that the lack of documentation of the beneficiaries generates
the violation of a number of constitutional rights, but especially the right to health care, stipulated in
Art. 36 of the Constitution of the Republic of Moldova, which expressly provides that “(1) The
right to health care shall be guaranteed. (2) The minimum health insurance provided by the State
shall be free”.
The right to health care is enshrined in Article 12 of the Covenant on Economic, Social and
Cultural Rights, which obliges the State Party to recognize the right of every person to enjoy the
highest attainable standard of physical and mental health.
At the same time, in accordance with Article 11 of the Revised European Social Charter, in
order to effectively exercise the right to health protection, the Parties undertake to take, either
directly or in cooperation with public and private organizations, appropriate measures, in particular
to eliminate where possible, the causes of poor health.
The provisions of Article 25 of the International Convention on the Rights of Persons with
Disabilities also state that States Parties recognize that persons with disabilities have the right to
enjoy the highest attainable standard of health without discrimination on the basis of disability.
The UN Committee on the Protection of Persons with Disabilities recommends that the State
Party ensure the availability and accessibility of health care services and facilities for all persons
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