CRC/C/ROM/CO/4
page 4
Independent monitoring
13.
The Committee notes that the Ombudsman can receive and consider complaints directly
from children. The Committee further notes the creation of a Division on the protection of the
rights of the child within the institution of the Ombudsman and the filling in, after some delay, of
the position of a Deputy Ombudsman in 2007 with responsibilities, inter alia, in the area of child
protection. The Committee, however, remains concerned that the Ombudsman does not meet the
criteria listed in the Paris Principles and notes that the existence of the Ombudsman is not well
known. As a result, he receives few child-related complaints, while also these complaints are
declining in relation to all complaints received. The Committee notes with concern the rejection
by the Parliament of a draft normative act aiming at establishing the institution of a Child
Ombudsman.
14.
The Committee recommends, taking into account its general comment No. 2 (2002)
on the role of independent national human rights institutions in the promotion and
protection of the rights of the child, as well as its previous recommendations, that the State
party reviews the status and effectiveness of the Ombudsman Institution for promoting and
protecting children’s rights, taking into account also the criteria set out in the Paris
Principles. This body should be equipped with the necessary human and financial
resources in order to carry out its mandate in an effective and meaningful manner,
especially with regard to its ability to receive and investigate complaints from or on behalf
of children concerning violations of their rights. The Committee recommends that the State
party, in line with previous recommendations, continue its efforts to establish an
independent Ombudsman for children.
Allocation of resources
15.
The Committee notes the reported budget increase in public spending on education,
health and child protection. However, the Committee is concerned that the budget allocation
process may be insufficiently demand-driven and therefore not ensure the most effective and
efficient use of allocated resources, as exemplified by spending in the child care and protection
system. In light of the serious circumstances, including the high rates of infant and under-5
mortality, affecting the right to life of children, the Committee notes with regret that there are no
specific budget allocations to children, while also no information is collected on the overall state
spending in fulfilling obligations under the Convention, making it difficult to evaluate the
adequacy of provided resources. The Committee also takes note of the concern expressed by the
Special Rapporteur on the sale of children, child prostitution and child pornography
(E/CN.4/2005/78/Add.2) that corruption is a problem at all levels of administration and
undermines the enforcement of the law, the delivery of social services and the overall capacity of
the State to prevent and redress human rights violations.
16.
The Committee strongly recommends that the State party, in accordance with
article 4 of the Convention and taking into account the Committee’s recommendations
issued after the day of general discussion devoted to "Resources for the Rights of the Child
- Responsibility of States" on 21 September 2007, increase the budget for the
implementation of child rights and create a monitoring and oversight mechanism to ensure
that allocation of resources and their expenditure are as effective as possible. In particular,
the Committee recommends that the State party: