A/HRC/19/60/Add.2
7.
A preliminary version of the present report was shared with the Government of the
Republic of Moldova on 9 December 2011. The Government provided comments on 12
January 2011 (see A/HRC/19/60/Add.3).
II. International human rights standards
8.
The right to freedom of religion or belief is enshrined in various international human
rights instruments.1 These include the International Covenant on Civil and Political Rights
(arts. 2, 18 – 20, and 26 and 27); the International Covenant on Economic, Social and
Cultural Rights (art. 13); the Convention on the Elimination of All Forms of Discrimination
against Women (art. 2); the International Convention on the Elimination of All Forms of
Racial Discrimination (art. 5); the Convention on the Rights of the Child (arts. 2, 14 and
30); and the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (art. 12). With the exception of the latter, the
Republic of Moldova has ratified all the above-mentioned instruments.
9.
Furthermore, the Special Rapporteur is guided in his mandate by other relevant
declarations, resolutions and guidelines of various United Nations bodies, including those
issued by the Human Rights Committee, the General Assembly, the Commission on Human
Rights and the Human Rights Council. Of these instruments, of particular relevance are
articles 2, 18 and 26 of the Universal Declaration of Human Rights and the Declaration on
the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or
Belief. The Special Rapporteur also takes into account human rights instruments adopted at
the regional level containing provisions relating to freedom of religion or belief, such as the
European Convention on the Protection of Human Rights and Fundamental Freedoms, in
particular article 9 thereto.
10.
The situation of human rights has been examined by United Nations treaty bodies in
recent years, in particular by the Human Rights Committee2 and the Committee on the
Rights of the Child,3 in 2009, and the Committee on the Elimination of all Forms of Racial
Discrimination,4 in 2011.
11.
The Republic of Moldova has been a member of the Human Rights Council since
2010. In its voluntary pledges, the Republic of Moldova has committed to prevent human
rights abuses, to reinforce national efforts and uphold the highest standards in the
promotion and protection of human rights, to ensure the effective protection of the persons
belonging to national minorities and to protect against and prevent discrimination in all its
forms, both in law and in practice.
12.
The Republic of Moldova was reviewed in the context of the universal periodic
review in October 2011. Although the outcome of the review will only be adopted by the
Human Rights Council at its nineteenth session , the Republic of Moldova has already
accepted several recommendations relating to freedom of religion or belief and antidiscrimination, including the recommendations that it adopt further measures to foster interreligious communication and a public culture of promoting socio-cultural and religious
diversity; redouble efforts to protect the rights of members of minority religious groups;
provide for religious community property restitution; and ensure that public events planned
1
2
3
4
For an overview of the legal framework of the mandate, see E/CN.4/2005/61, paras. 15-20, and
E/CN.4/2006/5, annex. See also the Special Rapporteur’s digest on freedom of religion or belief,
available from www.ohchr.org/EN/Issues/FreedomReligion/Pages/Standards.aspx.
CCPR/C/MDA/CO/2.
CRC/C/MDA/CO/3.
CERD/C/MDA/CO/8-9.
5