Ombudsman recommends that Moldovan authorities amend Electoral Code

Chisinau, 10 October /MOLDPRES/ - The Ombudsman has recommended that the authorities amend the Electoral Code, in order to give the right to vote to the persons having no legal competence, as well as approval of a package of laws due to ensure the enforcement of the article 12 of the United Nations Convention on the Rights of Persons with Disabilities.  

Ombudsman Mihail Cotorobai and members of the experts’ council at the Ombudsman’s Office today made statements to this effect at a news conference, on the occasion of the World Mental Health Day.    

“In 2010, Moldova ratified the UN Convention on the Rights of Persons with Disabilities, taking the commitment to implement the provisions of this important treaty for all the disabled people; yet, the things have not evolved significantly. The persons with mental disabilities continue facing stigmatization, isolation and discrimination, which are often worsened by stereotypes and prejudices. Once declared incapable, the persons with mental disabilities are deprived from the right to marry, take care of their own children, from access to justice, to vote, etc. The state has not made enough efforts to improve the life of these people, as well as to adjust the legislation, policies and practices to the international requirements and standards,” Cotorobai said.        

At the same time, the Ombudsman noted that a notification of the Ombudsman’s Office was presently pending at the Constitutional Court. The document “asks for control of constitutionality of some provisions of the civil procedure code, which stipulate that the persons declared incapable cannot exercise their right of free access to justice.”

There are about 4,000 persons with intellectual and mental deficiencies in Moldovan residential institutions. According to non-governmental organizations, about 30 per cent of the persons hospitalized in psycho-neurological institutions have legal competence and could be integrated in the communities they are coming from. About 3,000 files invoking the deprivation from legal competence are annually recorded in Moldovan courts.   

(Reporter P. Beregoi, editor A. Raileanu)