provision of curative, rehabilitative and palliative services, but also to the right to grow and develop
to their full potential and live in conditions that enable them to achieve the highest standard of
health by implementing programs that address health determinants.
In the context of the interpretation provided by the UN Convention on the Rights of the
Child, there are defined three types of obligations, on the right to health segment, to be fulfilled by
the State, in this case: to respect, protect and fulfill151. In the context of the stated obligations, the
People's Advocate for Children's Rights outlines some concrete actions, to be carried out by the
public authorities, in order to consider the realization of the child's right to health to be appropriate:
Reviewing national policies and the legal framework in the field of ensuring the
child's right to health;
Ensuring universal coverage with quality primary health services, including
disease prevention and the promotion of health and healthy living, care and
treatment services and drug provision;
Ensuring an efficient communication between the doctor and the patient (child) or
his legal representations;
Development, implementation, monitoring and evaluation of policies and budget
action plans that constitute a human rights-based approach to the realization of
children's right to health.
In the process of monitoring the right to health for 2019, the Children's Ombudsman
analyzed the compatibility of national legislation with international standards and the level of
fulfillment of the actions put forward by central and local public authorities. In the national
legislation, the right to health is found in Art. 36, 37 para. (1), (3) and (4), Art. 47, para. (1) and Art.
50, para. (4) of the Constitution of the Republic of Moldova152, Art. 4, para. (4) and (5), Art. 15 and
Art. 29, para. (2) of Law no. 338 of December 15, 1994 and Art. 5, para. (2), point 12) of Law no.
10 of February 3, 2009 on State Surveillance of Public Health.
Thus, following the compatibility expertise, the People's Advocate for Children's Rights
finds that in the field of health the national legal framework is partially accounting with the
international standards in the field. Moreover, it fails to cover all the issues covered by Article 24 of
the UN Convention on the Rights of the Child and largely provides only rules on the health of the
151
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=5&DocTypeID=11
http://www.parlament.md/CadrulLegal/Constitution/tabid/151/language/ro-RO/Default.aspx
152
84
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