E/C.12/MDA/CO/2
(c)
The adoption of the Strategy and National Action Plan on the reform of the
residential system of childcare for years 2007-2012; and
(d)
The adoption of the Law on Preventing and Combating Domestic Violence of
2007.
C.
Principal subjects of concern and recommendations
4.
The Committee recommends that the State Party take special efforts to ensure
respect, protection and fulfilment of economic, social and cultural rights under the
Covenant in negotiating development assistance projects and programmes.
5.
The Committee regrets that national courts have not to date made reference to the
Covenant in any of their rulings.
The Committee requests the State party to provide in its next periodic report
relevant case law, if available. In this respect, the Committee draws the
attention of the State party to its general comment No. 9 (1998) on the domestic
application of the Covenant. Moreover, the Committee recommends that the
State party take measures to raise awareness of the Covenant and of the
possibility of invoking its provisions before the courts, among the judiciary and
the public at large.
6.
The Committee is concerned about the absence of disaggregated data on the
effective realization of Covenant rights for disadvantaged and marginalized individuals
and groups, in particular by Roma, persons with disabilities, persons living with
HIV/AIDS and non-citizens.
The Committee recommends that the State party take urgent measures to
establish a system for the collection and monitoring of annual data on Covenant
rights, disaggregated by disadvantaged and marginalized individuals and
groups, including (although not exclusively) Roma, persons with disabilities,
persons living with HIV/AIDS and non-citizens. The Committee requests the
State party to include such comprehensive annual data, on all of the
recommendations contained below, in its next periodic report.
7.
The Committee is concerned at opinions expressed by certain sectors in the society,
including public anti-lesbian, gay, bisexual and transgender (LGBT) statements by highlevel politicians, triggered by the submission to parliament in February 2011 of the draft
anti-discrimination bill.
The Committee recommends the adoption of the comprehensive antidiscrimination bill, taking into account the Committee’s general comment No.
20 on Non-Discrimination in Economic, Social and Cultural Rights.
The Committee also urges the State party to take measures to eliminate
discrimination against LGBT people.
It also recommends including provisions in the draft anti-discrimination law on
“reasonable accommodation” for persons with disabilities.
8.
The Committee is concerned that the Roma population continues to face
marginalization and social exclusion, especially in the areas of education, housing, health
and employment (art. 2, para. 2).
The Committee recommends that the State party strengthen its efforts to
address the socio-economic issues facing the Roma population, including
through effective implementation, adequate resourcing and effective
2