PREFACE
In 2019, in the Republic of Moldova there took place political events with major impact for
the society, which affected the state of affairs in the field of human rights.
However, the political changes in the country cannot be accepted as an excuse for the lack of
firm actions that contribute to the realization of human rights in a manner appropriate to the human
rights treaties to which the Republic of Moldova is a party.
One argument in this regard would be that, by ratifying international human rights treaties,
the Republic of Moldova has assumed certain commitments to implement the provisions of these
treaties, so that people who are in the territory of the country can benefit from adequate protection
by exercising their fundamental rights.
Regardless of the political situation in the country, any government should pay more attention
to the field of human rights. The obligations of the State in the field of human rights (the obligation
to respect,1 the obligation to protect2 and the obligation to fulfill3), derive from the treaties in the
field of human rights to which the Republic of Moldova is a party, which in turn, in accordance
with the Constitution, they are superior to national law. These commitments assumed by the
Republic of Moldova must be indispensable criteria for the decision-making process at the state
level, as well as for the elaboration of the public policy documents.
Thus, given that both decisions and public policies have a direct impact on the population, the
authorities are obliged to consult the opinion of the beneficiaries and to involve them in the
decision-making process, so that the developed solutions correspond to their needs.
In fact, this concept is called a human rights-based approach and it must be omnipresent at
any decision-making level in a state that claims to be a state governed by the rule of law that has
committed itself to respecting human rights.
1
The obligation to respect requires the state to ensure that none of its officials act in violation of human rights or the
obligations contained in that treaty.
2
The obligation to protect requires the state to take measures to ensure that no one violates the terms of a human rights
treaty (third parties / persons).
3
The obligation to fulfill requires the state to take positive measures to ensure that everyone within its jurisdiction is
able to fully enjoy the rights recognized in the treaty.
3