JUSTICE FOR CHILDREN
The People's Advocate for Children’s Rights in the activity from 2019, as in the previous
years, monitored the observance of the children's rights in the national juvenile justice system.
At the international level, the protection of children who interfere with the justice system is
ensured by the provisions of Article 40 of the UN Convention on the Rights of the Child, which
provides for "the right of children alleged or proven to have committed a crime to all aspects of the
legal process instituted, including legal or other assistance in the preparation and presentation of
their defense181”. The text of the Convention provides for a series of obligations attributable to the
State, in order to ensure the best interests of the child who is alleged or has been proven to have
committed a violation of the law which is at fault at the time of the commission. Internationally, the
Beijing Rules and the Riyadh Guidelines have a special contribution to the protection of children in
contact / conflict with the law182. They set out standards for the prevention of juvenile delinquency
and standards for the protection of children who are deprived of their liberty.
At the national level, the protection of children who are in contact / conflict with the
judiciary system is achieved through the provisions of the Criminal Code, the Criminal Procedure
Code, the Executive Code and related laws. Also, in Art. 28 of Law no. 338 of December 15, 1994
on children's rights 183, there are laid down rules to provide special protection to children who are in
conflict with the law.
The Children's Ombudsman notes that the national legislation in the field largely
corresponds to the minimum international standards, however we note that the public authorities did
not take into account the Recommendations of the People's Advocate for Children’s Rights in the
Annual Report on the observance of children's rights in the Republic of Moldova in 2018184.
Moreover, no action has been taken to implement the Recommendations of the UN Committee on
the Rights of the Child on the combined fourth and fifth periodic report of the Republic of
Moldova185.
With reference to the children's justice department, the People's Advocate for Children’s
Rights notes that she analyzed the quality of state-guaranteed legal services provided to children
181
https://www.salvaticopiii.ro/sci-ro/media/Documente/Conventia_ONU_drepturile_copilului.pdf
https://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIndex.aspx
183
http://www.legis.md/cautare/getResults?doc_id=94939&lang=ro
184
http://ombudsman.md/wp-content/uploads/2020/01/RAPORT_2018_final.pdf
185
https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=MDA&Lang=EN
182
110
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