Ombudsman
COMMUNICATION

settled CASES BY THE OFFICE of the PEOPLE’S ADVOCATE IN THE LAST MONTHS OF 2020

In the last months, several cases that were at the attention of the People’s Advocates have been completed and many beneficiaries of institutions have been restored their rights.

In some cases, when there were no other levers of intervention, the People’s Advocate had referred to the Constitutional Court, whose decision underlines the non-compliance of some provisions of the Supreme Law and its annulment because it affects the fundamental rights of some groups of people.

On November 26, the Constitutional Court declared unconstitutional the provisions that make the pension payment dependent on the people’s residence place. In its judgment, the Court considered that it was unjustified to invoke the economic crisis or financial difficulties to restrict (deprive) fundamental rights and freedoms.

The Court concluded that there is unjustified and different approach of retirees from the command corps and from the troops of internal affairs bodies, as well as of civil servants with special status from the penitentiary administration system, and from the General Inspectorate of Carabineer not domiciled in the Republic Moldova, compared to those domiciled in the Republic of Moldova regarding the payment of pensions, as well as to those receiving a pension under Article 36 of the Law on the Public Pension System. Therefore, the contested provisions contravene to Articles 46 and 47, in accordance with Article 16 of the Constitution, and have declared unconstitutional.

One of the beneficiaries who asked the People’s Advocate for help on an issue sent a message to the institution where thanked the People’s Advocate and his team for the done effort, which resulted in “the triumph of justice and legality”.

In the message, it is written “I’m sure that many people will agree with me. Now retirees, who want to live abroad near their children, can do so without fear that they will be deprive of the well-deserved pension“. The beneficiary who is living

Another beneficiary expressed gratitude to the People’s Advocate for children’s rights who intervened and solved the problem of harassment and intimidation of some children from the high school on the grounds of belonging to an ethnic minority. The message of thanks sent on November 27 to the Office of the People’s Advocate, states that the high school administration took the proper measures and excluded any conditions that could generate discriminatory attitudes towards students.

Through the Varnita Representation of the Office of the People’s Advocate was solved the problem of documenting a person domiciled on the left bank of the Dniester with Moldovan identity card necessary to confirm the degree of disability and to schedule the chirurgical intervention. At the same time, the head of the Varnita Representation together with Bender Police Inspectorate helped the citizen to leave the Transnistrian region in order to acquire the treatment he needed in Chisinau.

Also, the head of the Varnita Representation contributed to the documentation of a minor child who risked being kidnaped by Transnistrian authorities and placed in a boarding school for orphans on the left bank of the Dniester. At present, the girl is under the tutelage of a relative in Chisinau where are assured all the conditions for the development of the child in the family.

Following the intervention of the Comrat Representation of the Office of the People’s Advocate, it was possible to maintain studying of the Bulgarian language in schools teaching in Bulgarian, given that at the UTAG level, was established compulsory training in Gagauz language in all educational institutions from the region.

 

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