THE RIGHT TO OPINION AND CIVIL FREEDOMS
The provisions of Articles 12 to 15 of the UN Convention on the Rights of the Child (right
to opinion, freedom of expression, freedom of thought, conscience and religion, freedom of
association)174, represent the child's support when he or she wishes to interact with the society or
wishes to actively participate in its activity. The State through the given obligations is to ensure by
all possible measures, that no child will be marginalized in the realization of these fundamental
freedoms.
Article 12 of the Convention establishes the right of every child to freely express his or her
views in all matters affecting him or her, as well as the subsequent right for such views to be given
appropriate weight, depending on the age and maturity of the child. This right imposes clear legal
obligations on public authorities to recognize this right and to ensure its implementation, listening
to the views of the child according to the child's age and level of development giving it due weight.
Article 12, as a general principle, provides that the competent authorities should endeavor to ensure
that the interpretation and implementation of all other rights enshrined in the Convention are guided
by it.
At the same time, the child has the right not to exercise this right. Expressing opinions is a
choice for the child, not an obligation. The responsible persons must ensure that the child receives
all the information, advice and has the necessary conditions to make a decision on the use or
abstention from exercising this right.
In the national legislation, the right to opinion and civil liberties, on the segment of
children's rights, are enshrined in Art. 31, 32 and 40 of the Constitution of the Republic of Moldova
and Art. 8 of Law no. 338 of December 15, 1994 on children's rights. We note that the national
legislation is partially compatible with international standards, thus, it is necessary to modify the
national normative framework in the field of protection of the child's right to opinion.
In his work, the People's Advocate for Children's Rights has repeatedly expressed his
position on respect for the right to opinion and civil liberties of the child in the Republic of
Moldova and presented a set of recommendations for improving the existing situation. We mention
that recommendations regarding the observance of the child's right to opinion and civil liberties
174
https://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
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